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
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
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