cannot obtaine their request at thy hands SAFETIE it selfe cannot saue and preserue this Common-wealth and the Historians will publish to the succeeding age that the most cleere shining daies of England vnder Queene ELIZABETH ended in a loathsome euening or rather into an eternall darke night The posteritie will finde lacke of our prudence who which thing doth accumulate our miserie could see our euils and could not preuent them and will impute the masse of our miseries not so much to the malice of our aduersaries as to the carelesse and slothfull negligence of these times Let not the life of one Scottish woman praeponderate and be of more weight with thee than the vniuersall safetie of England Let there be no stay nor delay vsed in so great a matter for that forbearance and delay procureth danger neither let space and time be giuen vnto these wicked plotters and contriuers of mischiefe who now will seeke their last succour and helpe by bold and audacious aduentures and besides their impunitie will hope for a reward for their mischieuous action He that doth not beware to auoid a danger as much as he can doth tempt God more than trust in God All the dangers whatsoeuer hang ouer our heads from forraine Princes by her death will be taken away neither can they hurt England but by her What will and power soeuer the Pope hath to doe hurt will cease and come to nothing when shee is gone The King of Spaine hath no reason to be angry for that he himselfe for his owne security made away his only son Charles and at this time doth lie in wait to take away the life of Don Antonio the Portugal to serue his owne ambition The French doth religiously obserue and keepe the amitie with England and it also much concerneth his good that by the speedie death of the Scottish Queene the hopes of the Guises who relying and trusting vpon the hoped and future power of their Kinswoman doe now more insolently insult ouer their King The King of Scotland both by naturall affection and in respect of his honour may indeed be grieued or disquieted yet in his wisdome hee will expect rather to haue things long after with securitie than to haue things in ouer-much haste with danger And the nâ—erer hee is to his chiefest hope the futher forraine Princes will hold off from ioyning to helpe him for as much as it is familiar and ordinarie for them by one meanes or other to stop and hinder the increasing power of another Prince at the beginning They set before her eyes also domesticall examples for as much as that which is done by example deserueth the more to be excused How the Kings of England carried themselues toward their Cousins and Competitours for their owne securitie namely Henry the first toward Robert his eldest brother Edward the third or rather his mother toward Edward the second Henry the fourth toward Richard the second Edward the fourth toward Henrie the sixt and his sonne Edward Prince of Wales and toward his owne brother George Duke of Clarence Henry the seueuth toward the Earle of Warwick the young sonne of the Duke of Clarence Henry the eighth toward De la Pole Earle of Suffolke Margaret Countesse of Sarisburie and Courteney Marquesse of Exceter who euery one for smaller matters if the crimcs be compared were put to death and made away Neither did the Courtiers alone buzze these things into the Queens head but also some Preachers very earnestly and many of the CoÌ„mons also out of hope or fear exercised the fantasie of their brains and wits too saucily and malapertly in this Argument Amongst these pensiue thoughts which made the Queene so carefull and doubtfull that she delighted in solitarinesse and sate without any cheere and sometimes without speaking a word and oftentimes sighing would mutter to her selfe Either beare it or strike home and out of some obscure Embleme Kill lest thou be killed shee deliuered to Dauison one of her Secretaries letters signed with her hand that a Mandate should be made vnder the great Seale of England for the putting of her vnto execution which might be readie if any danger were readie to fall and commanded him not to communicate the matter to any man But on the next day she whilest feare did not allow her owne counsell changing her minde commanded Dauison by William Killigrew that the Mandate should not be made vp He forthwith came to the Queene and told her that the Mandate was made and sealed with the great Seale She chafing reproued him for making such haste neuerthelesse he communicated the Mandate and businesse vnto the Queenes Counsellors and perswadeth them who quickly beleeued that which they desired that the Queene commanded that it should be put in execution without delay Beale than whom there was none more euill affected vnto the Queene of Scotland for Religion is sent with one or two executioners and letters in the which authoritie is giuen vnto the Earles of Shrewsburie Kent Darby and Cumberland with others that she should be put to death according to the Lawes vnknowing to the Queene and although at that very time shee had signified vnto Dauison that shee would take another way and course about the Queene of Scotland yet he did not call Beale backe As soone as the Earles came to Fotheringhay they came to her with Amias Poulet and Drewgh Drury in whose custodie she was and signified the cause of their comming reading the Mandate and in few words admonished her to prepare her selfe vnto death for that shee was to die the next day Shee without feare and with a setled minde answered I did not thinke that Queene ELIZABETH my sister would haue consented vnto my death for I am not subiect vnto your Law but since it is otherwise death shall be vnto me most welcome neither is that soule worthy of the heauenly and euerlasting ioyes whose bodie cannot endure one blow of the hangman Shee requested that she might conferre with her Almoner her Confessor and with Meluin her Steward They in plaine termes denied her confessor to come vnto her and the Earles commended the Bishop or Deane of Peterburgh for to comfort her whom when shee had reiected the Earle of Kent being fiery hot in Religion turned vnto her and amongst other words broke out into these Thy life will be the destruction of our Religion as on the other side Thy death will be the life of the same Mention being made of Babington shee constantly and vtterly denied that shee knew of his plots left the reuenge vnto God And being demanded of that which was done by Nauus and Curlus she asked if euer it was heard that the seruants were suborned and admitted as witnesses to the death of their Masters When the Earles were departed shee commanded them to make haste with her supper that shee might set things better in order She supped sparingly and soberly as her manner was In supper time beholding her men
and that forreigne Princes enemies vnto England did cast their eies vpon the Queene of Scotland as the most certaine Heire of England thought it would bee a better way to establish quietnesse and to containe the Queene of Scotland within bounds that shee were maried to the Duke of Norfolke the greatest and most honourable man of England and a man in the loue of the people and bred vp in the Religion of the Protestants rather than to a forreigne Prince who might bring both the Kingdomes into danger by her meanes and also come so to inherit both the Kingdomes which they heartily wished might be consolidated in a Prince of the English Nation if the King of Scotland should happen to die whom they also purposed to bring into England that hee being the true heire of England being brought vp amongst the English might be better loued of the English men And thus all the scruples about the succession might be taken away Queene ELIZABETH should haue no cause to feare the Duke and the Queene of Scotland when she had the King in her hands Moreouer that the Duke should attempt nothing against him but loue him more dearely They determined to espouse Margaret the Dukes onely and little daughter vnto him to bee maried together when they came to riper yeeres Amongst these were the Earles of Arundell Northumberland Westmerland Sussex Pembrooke and Southampton and very many Barons yea and Leicester himselfe whether in pollicie and to worke the Dukes destruction it is vncertaine yet all these thought it good to acquaint the Queene with the matter and to leaue the decision thereof to her pleasure and that she should prescribe the conditions for the full securitie and safetie of her owne person Religion and the Realme But now take the matter briefly if you please from the very beginning out of the written confession of the Duke which I haue seene and the memorials of the Bishop of Rosse who was the greatest dealer in this businesse When the Commissioners met at Yorke the last yeere Lidington and the Bishop of Rosse to winne his fauour talked with the Duke of a mariage to bee made bebetweene him and the Queene of Scotland and so did Murrey himselfe with the Duke at Hampton Court who in priuate talke with the Duke and also with many others fained that he wished nothing more than that matters in Scotland being set in good order the Queene of Scotland his dearest sister might be restored vnto her former dignitie and estate so that onely she would sincerely and vnfainedly receiue into her former fauour and grace her subiects and that all the remembrances of all offences might be quite forgotten Yet he feared if she maried a husband out of her owne choice from France Spaine or Austria that shee would reuenge the iniuries she had receiued change the Religion receiued in Scotland and procure great danger vnto Englâ—â—d To preuent these things he promised to bestow all his labour that where shee who had first maried a boy then a rash and heady young man and lastly too a mad-braine those were his very words might now bee maried to the Duke a man of discretion which thing might turne vnto the tranquillitie of both the Realmes the securitie of both the Princes and especially to the establishing of Religion since he such was his respect vnto the Queene of England might more prosperously containe Scotland in the amitie of the English and might with the more ease draw the Queene of Scotland vnto the true Religion which he professed With these same things Murrey also secretly acquainted the Queene of Scotland by Robert Meluin and offered his labour very officiously toward the effecting thereof But the Duke answered that he could determine nothing about the mariage before that shee did cleere her selfe of the crimes obiected against her yet Rosse as diligently as hee could ceased not to draw him to it being vnwilling A few daies after Nicholas Throgmorton met the Duke in the Court at Westminister vnto whom he profesled and offered his seruice very kindly and signified that Leicester would talke with the Duke about the mariage betweene him and the Queene of Scotland which Throgmorton said seemed strange to him since Leicester himselfe sued for the same mariage not long since But he willed the Duke in friendship if it were so that he should giue the honour of that mariage vnto Leicester who had beene before time a suiter therein But if hee stood stifly in it to denie and refuse it because that the Scots did charge her with very many hainous crimes But yet said Throgmorton I wish from my heart that shee were maried vnto you as well for the good of Religion as also that shee may not depend of any other but on our Queene Yet this I forewarne you if you doe any thing in this matter let Leicester guide you by aduice for you of yourselfe shall hardly get the Queenes consent A day or two after Leicester moued the matter to the Duke who answered iust euen as Throgmorton sorewarned him and when hee came to speake of the crimes Leicester extenuated the same and called Richard Candish witnesse whose seruice though suspected he commended vnto the Duke Then Leicester told Pembrooke of the matter and the Duke told Arundell and they together with Throgmorton in their letters commended vnto the Queene of Scotland the Duke as a fit husband which Murrey had done also before The Duke also wrote and signified his loue and offered his seruice in very louing words From that time he imparted vnto them all the letters he wrote vnto her or receiued from her and they talked oftentimes with Rosse about the manner of concluding it And by Richard Candish they propounded in the yeere one thousand fiue hundred threescore and eight vnto the Queene of Scotland these Articles written with Leicesters hand viz. That she attempt nothing to the hurt of the Queene of England and her children in the succession of the Kingdome of England Shee should make a league defensiue and offensiue betweene the two Realmes Shee should establish the Religion of the Protestants in Scotland Shee should receiue into her fauour the Scots which were now her aduersaries She should reuoke the assignation of the Kingdome of England made vnto the Duke of Anjeou She should marie some English Nobleman namely the Noble Prince Thomas Duke of Norfolke If she gaue her consent vnto these Articles they promised to procure the Queene of Englands assent and that she should bee shortly restored vnto her Realme and also bee confirmed in the succession of England She readily admitted them all but onely that she could say nothing vnto the league before the French King was certified thereof Shee protested that there was no assignation made vnto the Duke of Anjeou yet she would procure him to make a release and renuntiation if they stood vpon it And willed them aboue all things to get the consent of
Scotland and of Rosse with the Commentarie hee was astonied but beholding the Commentarie with the letters which he thought had beene burned hee brake out into these words I am betraied and vndone by my seruants because I knew not how to distrust which is the sinew of wisdome But hee besought the Commissioners very humbly to speake vnto the Queene in his behalfe promising that hee would hide nothing that hee knew and solemnly protesting that hee approued nothing which might haue beene wrong vnto the Queene or detriment vnto the Realme yea that hee vtterly condemned the purposes and plots to surprize the Queene and the Tower of London and to set free the Queene of Scotland and that hee neuer had a thought to bring in any forraine forces but onely to suppresse the Scots that rebelled against the Queene The same day being examined of fiftie Articles more or lesse he concealed nothing Then all the course of the businesse was laid downe and declared in the Star-chamber a great assembly of Noblemen the Maior and Aldermen of London being present and afterwards to all the Citizens in the Guild-hall by William Fleetwood the Recorder But when the Bishop of Rosse was accused by the confession of euery one of them and by the Duke himselfe also as the contriuer of the businesse a serious consultation was had what was to be done with him that was an Embassadour For he whiles he thought it lawful for him as such kinde of men vse to doe to aduance the affaires of his Prince by any manner of meanes and not to be brought in question of law vpon the inuiolable priuilege of Embassadours in a strange Court had done many things long since turbulently in kindling a commotion and hauing nightly conferences with the Earle of Southampton and others and now againe with the English fâ—gitiues in the Low-Countries the Duke of Alba the King of Spaine and the Pope about the inuasion of England Therefore the cause was put to Dauid Lewis Valentine Dale William Aubrey and Henry Iones Doctors of the Ciuill Law 1 First whether an Embassadour that raiseth or procureth rebellion against a Prince vnto whom he is Embassadour may enioy the priuileges of an Embassadour and not be subiect to punishment as an enemie They answered Such an Embassadour by the law of Nations and ciuill Law of the Romans hath lost all the priuileges of an Embassadour and was subiect to punishment 2 Secondly whether an Agent of a Prince who is depriued by publike authoritie and in whose place another is crowned may enioy the priuilege of an Embassadour They answered If such a Prince be lawfully depriued his Agent cannot challenge the priuilege of an Embassadour since none but they which haue the rights of an absolute Prince can appoint Embassadours 3 Thirdly whether a Prince who shall come into the Kingdome of another Prince and bee kept in prison may haue his Agent and whether he be to be accounted an Embassadour They answered If such a Prince who shall come into the Kingdome of another Prince and bee kept in prison hath not lost his principalitie hee may haue an Agent but whether that Procurator may be reputed an Embassadour that dependeth on the authoritie of his Commission or delegation 4 Fourthly whether if any such Prince doe denounce tell to such an Agent and Prince being in prison That this Procurator shall bee accounted no longer for an Embassadour whether this Procurator by the Law may challenge the priuileges of an Embassadour They answered The Prince may forbid the Embassadour that he doe not come into the Realme and command him to depart out of the Realme if hee doe not containe himselfe within the bounds prescribed vnto an Embassadour yet in the meane time hee may vse and enioy the priuileges of an Embassadour according to the authoritie giuen him by his Commission After these answers of the learned Lawyers Rosse being brought backe out of the Isle of Ely was sharply rebuked and told by the Councellors that hee was no more to be acknowledged for an Embassadour but as a plotter of treasons to be seuerely punished He answered That he is the Embassadour of an absolute Queene vniustly depriued That hee had dealt diligently according to his place and dutie for the libertie of his Prince and the good of both the Kingdomes That he came into England with a sufficient authoritie which hee shewed with the most ample authoritie of an Embassadour and that the sacred rights and priuileges of Embassadours are not to bee violated by any meanes Burghley told him in discreet words that neither the priuileges of Embassage nor letters of publike credit did protect Embassadours who offend against the publike Maiestie of the Prince but that they are subiect to punishment otherwise it might bee lawfull for wicked minded Embassadours to attempt any thing against the liues of Princes Hee on the other side stood still in it that the rights and priuileges of Embassadours were neuer violated by the course of Law but that I may vse his owne words by the way of fact and bitingly willed them not to vse him with more rigour than was vsed to the English Embassadour Throgmorton in France and to Tamworth and Randolph in Scotland who had raised sedition and openly maintained it and had not any other punishment but onely were commanded to depart within a time appointed When they vrged him with the testimonies of English men he with faire words requested them not to doe so since it was a long receiued custome which was growne to a Law as hee said That the testimonie of a Scot against an English man and of an English man against a Scot was not to bee receiued After much altercation whether this was to bee allowed but onely betweene the Borderers of both the Kingdomes and that also in matters of the borders and then whether the English Embassadors had raised and fostered rebellions Rosse was committed to the Tower of London where he was kept very close and answered in briefe to all the interrogatories with that caution and warinesse that his answers could hurt no body Hee excused the Queene of Scotland that she being a prisoner and in her best time and age could not but seeke all the meanes she could of libertie since Queene ELIZABETH excluded her from all accesse vnto her put her out of all hope of her libertie and openly maintained her aduersaries He excused the Duke that he had dealt nothing in the mariage with the Queene of Scotland but with the consent of most of the Queenes Councell neither that he could leaue her though hee had promised so to doe vnder his hand for that there had passed a mutuall repromission of future mariage betweene them before that time Lastly he excused himselfe that he being an Embassador could not without a great offence depart from his dutie and abandon his foueraigne Princesse in her affliction and aduersitie and that hee propounded the taking of Queene ELIZABETH for
citing the authoritie of Bracton the most learned Lawyer of our Land that he neuer made such reckoning of Northumberland and Westmerland that hee would put his life into their hands he relied he said and trusted so much vnto his innocencie that hee had neuer so much as a thought to flie Gerard the Queenes Atturney said It is most apparant that he did purposely intend to marrie the Queene of Scotland to worke the Queenes destruction It is also apparant that he did aduisedly consult of inuading the Realme by the letters vnto the Pope the King of Spaine and the Duke of Alba. All his dealings with Ridolph are now well knowne by the secret Ciphers and Charactericall notes hidden vnder the tiles of Howard house also by the letters which hee commanded to bee burned found in the Matts in the entrie of the chamber and all these things may bee proued out of the examinations of them who were not terrified with torments nor attainted of treason To these matters the Duke said Of the consultations of the Pope and the King of Spaine I was neither author nor fautor yea I alwaies disliked them Let them bee punished that committed the fault and let them not charge mee to excuse themselues Furthermore Gerard accused the Duke that hee talked with Ridolph of the landing of ten thousand Souldiers out of Flanders at Harwich a Hauen in Essex and this out of the examination of Barker And also that letters were written and sent by Ridolph vnto the King of Spaine and the Duke of Alba vnto which although the Duke did not subscribe yet that hee sent by the counsell of Rosse Barker his Secretarie vnto the Spanish Embassadour who should assure them that they were his very letters The Duke said My memorie faileth me neither can it call to minde such intricate varietie of matters You Lawyers haue your briefe notes I am put to answer ex tempore This is also improbable that I should deale with the Pope vnto whose Religion I was alwaies an aduersarie I had rather be pulled in peeces by horses than reuolt from the Religion I professe The situation of Harwich doth easily confute all this accusation Who seeth not how hard a matter it is to bring an armie thorow that Countrie which is all enclosed and most troublesome with narrow waies If I had imagined to make warre against my Prince I should doubtlesse haue furnished my selfe with Armour but in these whole ten yeeres I haue not bought any more than eight Corslets and no Gun-powder at all I would neuer haue committed such letters vnto Barkers fidelitie but rather vnto Banister whom I esteemed aboue many Barkers Now were brought forth the letters of the Bishop of Rosse sent out of prison vnto the Queene of Scotland and intercepted out of which the former things were confirmed The Duke required to see the letters for he seemed to doubt that they were counterfeit But the Lord Steward said Doubt not they bee written with Rosses owne hand Another short letter written with Oker by the Duke commanding his man to burne a bundle of letters hidden in a certaine place and to lay the fault vpon Rosse who might easily auoid the Law by the priuilege of an Embassadour was also shewed To these letters the Duke said I being certified that it was diuulged amongst the common people that I had accused many I answered in that short letter and when I saw all places to be narrowly searched I commanded that bundle to be burned that I might keepe many men from trouble Bromley the Queenes Sollicitor shewed the letters of Ridolph wherein hee signified that the Duke of Alba approued their purpose and also the Popes letters vnto the Duke dated the tenth day of May. Then Wilbraham made an cloquent speech of the credit of the testimonies of the Bishop of Rosse and of the Dukes seruants Vnto which the Duke said I haue not the skill to refell so polished and ornate a speech yet the Orator as skilfull as be is for all that left out what the force of feare is which oftentimes quaileth and dauntoth a good courage and againe he commended and vrged Bracton against the credit of forraine witnesses Catlin chiefe Iustice made answer In such causes as these the testimonies of forrainers are allowable and that it was in the will of the Peeres to giue credit or disallow such testimonies Now they were come to proue that the Duke had releeued the Rebels after they were fled which appeared out of the letters of the Countesse of Northumberland in which she gaue thanks to the Duke for the money secretly sent vnto her and her husband As concerning the last obiection about the releeuing the Scots enemies to the Queene was proued out of the Dukes letters to Banister out of the confession of Banister and the money deliuered vnto Browne of Shrewsburie Here the Duke asked the Iudges Whether the subiects of another Prince confederate with the Queene may bee accounted enemies to the Queene Catlin answered they might and that the Queene of England may make warre with some Duke of France and yet at the same time be in amitie with the King of France When now it drew toward night the Lord Steward asked the Duke what hee had more to say for himselfe He answered I put my trust in the equitie of the Lawes The Lord Steward commanded the Lieutenant of the Tower to take the Duke aside and then silence being made he turned vnto the Peeres and said You haue heard how Thomas Duke of Norfolke hath beene indited of high treason who hath pleaded not guiltie and put himselfe vnto God and to you therefore it is your part to consider among you whether he be guiltie or no and to declare your opinion according to your conscience and vpon your honour and withall he bade them to goe aside and to consult one with another After a little time they returned vnto their places Then the Steward beginning at the lowest said My Lord De La-ware is Thomas Duke of Norfolke guiltie of the crimes of high treason whereof he is indited or not guiltie He rising vp laying his hand on his breast said Guiltie In like manner were each one asked in their order Then was the Duke brought againe to the Barre vnto whom the Lord Steward spake in this manner Thomas Duke of Norfolke thou hast beene indited of sundry high treasons and put thy selfe to bee tried by God and thy Peeres who haue found thee guiltie hast thou any thing to say why iudgement should not be given against thee Hee answered The will of God who will iudge betweene mee and my false accusers be done All men now keeping silence the edge of the Axe was turned towards him Then Barham for the Queene requested the Lord Steward to giue iudgement which he weeping did in these formall words Forasmuch as thou Thomas Duke of Norfolke hast beene indited of high treason and hast pleaded not guiltie and hast put thy selfe