JACOB. MAG. BRIT. REG. MATER. SERENISSIMA MARIA REGINA The most excellent Princess Mary Queen of Scotland and Dowager of France Mother to our sovereign lord James of great Britain France & Ireland king THE history OF THE LIFE AND DEATH OF Mary Stuart Queen OF SCOTLAND. LONDON, Printed by john Haviland for Richard Whitaker, and are to be sold at the sign of the King's Head in Paul's churchyard. 1624. TO THE King's MOST EXCELLENT majesty. Most Dread sovereign, ZENO the Philosopher, being asked how a man might attain wisdom, answered, By drawing near unto the dead. O the Sepulchers of our Ancestors, how much more do they teach than all the study, books and precepts of the learned! And herein due praise must needs be ascribed unto history, the life of memory, and the mirror of man's life, making those heroic acts to live again, which otherwise would be buried in eternal forgetfulness, whereby the mind (a greedy hunter after knowledge) is inflamed, by affecting the several perfections of others, to seek after excellent things, and by fervent imitation to attain to that glory which is gotten by virtue. For these causes, (most renowned sovereign) when I considered Plutarch, laying aside the study of Philosophic, to think the time well employed in writing the lives of Theseus, of Aristides, and of other inferior persons; and knowing how fare the lustre and splendour of Princes shineth beyond the brightness of others; every one standing for a million of the common people: And being sensible that it is infused even by nature, every man to desire, and to be delighted with the relation and story of his own Ancestors and predecessors: For these reasons I presumed to present unto your highness this Treatise of the life and death of your royal Mother, the Lady MARY STVART Queen of Scotland; A History most fit for this your Meridian of Great Britain, and yet never published in the English tongue before: Wherein, although I confess the slenderness of my skill in the exornation and beautifying of the style, and thereby may worthily incur the reproof of the learned; yet if your majesty vouchsafe your gracious and Princely acceptation, all faults therein shall easily be covered and blotted out. Therefore I become your humble Orator, praying no other thing than the sun dial of the sun, Aspice me ut aspiciar: most humbly beseeching the Almighty to bless your most Excellent majesty, with a long, happy, and prosperous reign. Your Sacred majesties most humble subject, wil STRANGVAGE. THE PREFACE TO THE ENSVING history. IT is a thing most true, and some find it by experience, that here below in this world, there is nothing eternal: And how can it be otherwise, when the great Kings and Princes of the earth, who seem to be created of the most pure substance of the Elements, of a matter, as may be said, for their excellency incorruptible, of the fine gold of Euilath, and of the best mould, to the pattern of the fairest Ideas, and bear and carry the Image and seal of all puissance, as the chief impression of nature's work, in the plain greatness of majesty, which engraveth their forehead with a gracious stateliness. Yet do we see them every day, who seem unto men to be lasting and durable, as eternity itself, to quit the arches o● triumph, and to yield themselves unto the triumph o● death. And more than that, the most part of them finish their days, not in the sweet and calm waters, like Pourcontrells, but by a death disseasoned, sometimes in their green youth, and flourishing age, by the storms and tempests, as do the Dolphins, within the torrents, billows, or waves of the sea, tossed by diverse factions. And it seemeth that this fatality pursueth ordinarily the most worthy and virtuous persons: so that they finish their lives many times with violence or precipitation; and not to go unto their death in a smooth path, but to be interrupted with some strange accident, which cclipseth the bright shining lustre of their greatness, which dazzle the minds of men, that from below beheld them sitting aloft on the throne of majesty. All which appeared most plainly and evidently to be true in the most worthy and royal Princess MARY STVART Queen of Scotland, who in all her life being tossed and turmoiled with infinite misfortunes, concluded it with an untimely death, as followeth in the sequel of this history of her life and death. MARY STVART Queen of Scotland, was daughter unto James the fist, King of Scotland, a wise and valiant Prince, and of the Lady MARY, of the Illustrious family of the Dukes of Lorraine, (whose fame for valour is renowned thorough all Christendom,) was borne on the eighth day of December in the year of our Lord 1541. She was not above eight days old when her father died: being left thus young, the Noblemen of Scotland being divided (whereof the family of the Hamiltons and the Earl of Lynnox being the heads,) the one side supported by King Henry the eighth of England, and the other by the French King Henry the second▪ she was by the care of her mother who inclined unto the French King, at the age of six years or thereabouts, sent into France in the galleys of Villagagnon a Knight of the Rhodes appointed by the French King unto this service, in the which voyage by the West Seas (for in the other passage near the Straits of Calais, the Englishmen had laid a strong navy to intercept her) she hardly escaped drowning by means of a storm or tempest that happened, near unto the coast of little Britain in France, where she afterward took land, from whence she was conveyed unto the Court of France, where she was brought up under her Curators the French King and the Dukes of Guise, and by their exquisite care she drew in with the air the sweetness of the humours of the country, and in the end by the singular grace of nature, and carefulness of her friends and Kinsfolks, became with her age the fairest and goodliest Princess of our time. And beside this her rare beauty, she had her understanding and intendment so pure and perfect, her judgement so certain, surmounting, and above the condition of her age and sex, that it bred and caused in her a greatness of courage, which was yet mixed and qualified with such sweetness and modesty, that you could not see any thing more royal, any thing more gracious. Her manners and private actions were such, and were so well liked of generally, that it caused King Henry the second of France, and his Queen (who was admired for her prudence) to marry their eldest son, dauphin of France and heir of their crown, unto this Lady, as unto one well deserving to be joined in marriage unto their son, heir apparent of the greatest kingdom in Europe: And so upon the four and twentieth day of April, in the year of our Lord 1558. Francis the dauphin of France and MARY STVART Queen of Scotland, were married in the Church of Nostra Dama in Paris. One cannot declare with what applause of all the people, with what congratulation of all the neighbour Princes, with what Magnificence, this marriage was solemnised. By this her marriage her husband obtained not only the Title of King of Scotland in the right of his wife, but also another more rich and great, which was, of the most contented Prince the earth then beheld, for that he was joined in marriage with a Princess who besides many other great virtues composed herself wholly to please and to give content unto her husband, and therein used not the ordinary care of a Princess, but more travel and solicitude than do the women of mean condition and quality married unto great Princes, as also appeared after his death (which befell not long after) by her immeasurable mourning, not being able to find any consolation for her sorrow in that place where she had lost that which she had loved better than herself, so much that the amity of her kinsfolks and allies could not retain her, nor the sorrow and regret of all France could not call her back, nor the sweetness of that Court which invited her could not stay her, but that she would departed from thence. After this on the seventeenth day of November the same year deceased Mary of England; at which time the parliament was holden at Westminster, being certified of her death, with a universal consent, in regard of her most certain right unto the crown of England (of the which none could doubt,) both the Prelates and Nobles with the Commons agreed to have the Lady ELIZABETH proclaimed Queen, which was done with the general applause and consent of them and all the people. Queen ELIZABETH being established and having taken order for things at home, and domestical affairs, applied her mind next to settle her affairs abroad: For which end it was thought fit to send ambassadors unto Princes to signify unto them the death of Queen MARY, and her succession unto the kingdom: unto Ferdinand the Emperor was sent Thomas Challenor with letter●, wherein the Queen, under her own hand, certified him that her sister Queen MARY was dead, and that she by the goodness of God was succeeded as her rightful heir, and with the general consent of her subjects, in the government of the realm; and that she desired nothing more, than that the ancient League and amity between the families of England and Austria, might not only be conserved but also increased. Unto the King of Spain, being in his Low country's, was sent the Lord Cobham with instructions to the same purpose. King Philip understanding the decease of Queen MARIE his wife, fearing lest England, Scotland, and Ireland, should be adjoined unto France by m●anes of the Queen of Scotland her Title, d●lt seriously with Queen ELIZABETH by the Conde of Feria, whom he had sent before to visit his sick wife, and the then Lady ELIZABETH also, about his marriage with her, promising to procure a dispensation for the same. This motion troubled her much, for to reject the most mighty King of Europe (having deserved well of her) and suing to her for marriage upon his own motion: This thing no less disquieted the French King, who was also fearful that England and Spain should be conjoined again i● one by marriage; therefore ●ee did all that was possible to be done at Rome, by the Bishop of Angulesme, that no such dispensation should be granted, but yet very secretly, lest he should provoke the Englishmen against him: but she put him off with a modest and shamefast answer. And when he saw that he could not obtain his suit for himself, and had also given it quite over, being agreed with the French King to marry his daughter, yet that the kingdom of England might be retained in his family still, he moved the Emperor Ferdinand to commend one of his sons to be a suitor unto Queen ELIZABETH, which motion he willingly entertained, and for that purpose sent unto her very loving letters, and by Gaspar Preynerus, free Baron in Stibing, diligently followed and prosecuted the same, the King of Spain himself also, to bring it the sooner to pass, and to further it, most courteously offering and promising unto Queen ELIZABETH his singular love, kindness and affection. THE LIFE, DEATH, AND VARIABLE fortunes of the most gracious Queen, marry steward Queen of Scotland. Anno 1559. THe French King, Henry the second, for the benefit of his son the Dolphin King, and MARIE Queen of Scots (casting his eyes upon England) did not withdraw his French soldiers out of Scotland, as he had promised, but sent secretly more daily into Scotland, and dealt vehemently with the Pope, to pronounce Queen Elizabeth an heretic, and illegitimate, which the Emperor and the King of Spain, most diligently, but covertly, sought to hinder: yet had the Guises drawn the French King into such a sweet hope of adjoining England unto the crown of France, by the title of their Niece the Queen of Scots, that he openly claimed the same in the right of his son and daughter in law: And commanded them, when he could not obtain his purpose at Rome, to use this title in all their Letters patents; FRANCIS and MARIE by the grace of God, of Scotland, England, and Ireland, King and Queen, and caused the arms of England, together with the arms of Scotland, to be painted in the walls, buildings, and in the household stuff: and also to be put into the herald's coats. The English Ambassador in vain complained, that herein great wrong was done unto Queen Elizabeth, with whom he had made lately a league, and had not done this to Queen MARIE of England, who had proclaimed war against him. But Henry's sudden death, which happened shortly after, made an end of his attempts. But Francis the second (who succeeded him) and MARIE Queen of Scots his wife (by the counsel of the Guises, who were then of great authority in France) bore themselves openly as Kings of England and Ireland, neither did they abstain from claiming the arms, but set them out more and more. And unto Nicholas Throgmorton the Lieger ambassador, a man both wise and stout, it was first answered: That it was lawful for the Queen of Scots to bear them with some little difference, to show the nearness of her blood unto the royal line of England. He stiffly denied it, saying that by the Law of arms, none who was not begot of the certain heir, might bear the arms of any family. Afterward they said they bore the arms for no other cause, than to cause the Queen of England to abstain from bearing the arms of France. Yet at length he obtained at the intercession of Mont Morancy, who loved not the Guises, that they left off the arms of England and Ireland altogether. But yet from this title and usurpation of arms, which Henry made the young Queen of Scots to take on her (moved thereto by the Guises) proceeded all the evils, which came so thick upon her afterward, as from the original cause. For from hence Queen Elizabeth was an open and professed enemy to the Guises, and bore a secret hate against her, which the crafty malice of men did so nourish, the emulation increasing between them, and new occasions arising daily, that they could not be extinguished, but with her death. Anno 1560. THen followed the treaty of Edinburgh, wherein amongst many other things, it was agreed, that the King of France and Queen MARIE should leave off the bearing of the title and arms of England and Ireland: but when the time of confirming the same came, and Queen Elizabeth sent into France to have it ratified (as she had done) Throgmorton the leaguer ambassador could not bring them to do it by any means; and whilst the matters hung in suspense, and rested undetermined, Francis the second, King of France, not being eighteen year old, and in the second year of his reign, deceased, and left the Queen of Scots a widow, whether to the greater grief of the Romanists, or joy of the Protestants in Britain, I cannot say. Anno 1561. FRANCIS Earl of Bedford, was sent into France, to deplore the death of King Francis, and to gratulate Charles the ninth, his successor, and by himself, and together with Throgmorton the ordinary ambassador, he importuned the Queen of Scots to confirm the treaty of Edinburgh, but in vain, for she answered no other thing, but that she could not, nor would not determine on so great a matter, without the consent of the nobility of Scotland. The Queen of Scots intending to return into Scotland, sent Monsieur d'Oysell to request a safe conduct of Queen Elizabeth for to pass by Sea, and for d'Oysell, to pass thorough England. Queen Elizabeth before a great multitude of people, denied both the one, and the other, for this cause, she said that she had not ratified the treaty of Edinburgh, which if she did, she promised to show all kindness that might be expected from a Queen, from a Cousin, and from a neighbour. The Queen of Scots being vexed at this repulse, sent for Throgmorton, with whom she had long speeches about this matter, which I will briefly set down out of the letters of Throgmorton, (though I shall make rehearsal of some things already said) that the original and progress of the privy malice which was between the greatest and wisest Princesses of our time or age, may more evidently appear. She sending all the standers by away, said thus to Throgmorton: What is my womanly weakness, and how fare the passion of my mind may carry me, I know not, yet it liketh me not to have so many witnesses of my weakness, as your Lady lately had when she talked with Monsieur d'Oysell my ambassador: nothing grieveth me so much as that I did ask those things which were not needful: by God's favour I can return into my country, without ask her leave, as I came hither in despite of her brother Edward. Neither want I friends which can and will bring me home, as they brought me hither; but I had rather have used her friendship, than of any other. I have often heard you say, that the amity between her and me was necessary to both our kingdoms, yet it seemeth that she thinketh otherwise, or else she had not given me the repulse in so small a matter: but perhaps she beareth more favour unto the Scots, which rebel against me, than to me the Queen of Scots, equal to her in princely royalty, her nearest kinswoman, and most certain heir unto her. Dost thou think that that good will and love can be between my rebellious subjects and her, that may be between her and me? What? Doth she think that I shall be destitute of friends? Assuredly she hath driven me to ask help of them of whom I would not willingly. And they cannot wonder enough for what purpose she gave aid lately unto my subjects, and now to hinder the return of me a widow unto my subjects. I ask nothing of her but amity, I procure no trouble unto her, nor meddle not with the affairs of England. But yet I am not ignorant that there be many in England who are not content with the estate as it is now. She twitteth me, and saith, that I have small experience; I confess it: Age bringeth experience with it; yet I am so old, that I can behave myself friendly, kindly, and justly toward my kinsfolks and friends, and keep my tongue from speaking any thing, not beseeming a Queen and a kinswoman. But by her leave, I may say, that as well as she I am a Queen, neither destitute of friends, and to bear no less high mind than she, and it may beseem us to measure ourselves with a certain equality: but I forbear comparison, which is little better than contention, and wanteth not evil will. As for the treaty of Edinburgh, it was made in the life of the King my husband, whom it was my duty to obey in all things, and since that he delayed the confirmation of the same, let the blame remain in him, and not in me. After his death, the Counsellors of France left me to mine own Counsellors, neither would mine uncles meddle with the affairs of Scotland, because they would not offend Queen Elizabeth, nor the Scots. The Scots that be with me be private men, nor such fit men that I should ask counsel of them in such great matters. As soon as I shall have the advice of the Estates of my realm, I will make a reasonable answer; and I will make all the haste I can home, to give it the sooner. But she determineth to stop my way, lest I should give it, so she is the cause that I cannot satisfy her; or else she would not be satisfied perhaps, for the intent that there may be no end of discord between us. she casteth often in my teeth, that I am a young girl, as a reproach, and truly she may justly think me an unwise girl if I dealt in these weighty affairs, without the advice of the Estates. A wife is not bound, as I have heard, with the deeds of her husband, neither in her honour, nor in conscience: but I do not dispute this thing, yet I may say this thing truly; I have done nothing to my dearest sister, which I would not have done to myself; I have used all offices of courtesy and kindred, but she either believeth not, or contemneth them: I would to God I were so dear to her as I am near of blood, for this were a precious kind of kindred. God forgive them that sow the seeds of dissension between us (if there be any such.) But thou who art an ambassador, tell me in good sooth, for what cause she is so displeased with me, who never hurt her hitherto either in word or deed. To these speeches Throgmorton made answer. I have no commission to answer you, but to hear what your answer is, about the confirmation of the treaty of Edinburgh. But if it please you to hear the cause of displeasure, I will lay it down in few words (laying aside the person of an ambassador.) As soon as the Queen my Lady and mistress was crowned, you did usurp the title and arms of England, which you did not take in the reign of Queen MARIE; judge you in your discretion if a greater wrong can be offered unto a Prince: Such injuries as this, private men cannot digest, much less Princes. But, said she, my husband's father, and my husband himself would have it done, and commanded it to be so. After their decease, when I was at mine own hand, I left off wholly both those arms, and the title, but yet I know not how it can be any wrong to the Queen, if I also a Queen, whose grandmother was eldest sister unto Henry the eight, do bear these arms, since others farther off than I bore them: I am sure, Courtney marquis of Exeter, and the Duchess of Suffolk, Niece unto Henry the eight, by his younger sister, did bear the arms of England, with borders for a difference, by a special favour. When these things did not satisfy Queen Elizabeth, who was fully persuaded that she put in delays still upon some more hopes, since she had not proposed unto the Estates of Scotland, who had once or twice assembled since her husband's death, any thing about the confirmation of the treaty; She being upon her way, sent for Throgmorton again unto Abbeville, where she courteously asked him, how she might satisfy Queen Elizabeth in word or deed; he said, by ratifying the treaty of Edinburgh (as I have often said) unto whom she said: Now hear and judge, if there be not most just reasons, which she calleth delays and vain excuses: The first Article in it, of ratifying the treaty of Chasteau Cambresy, between England and France, pertaineth nothing unto me. The second, of ratifying the treaty between England and Scotland, was ratified by my husband and me; neither can it be ratified again, when my husband is expressedly named in it. The Articles 3, 4, and 5. are already performed, for the preparations for war are ceased. The French soldiers are called back out of Scotland, and the fortress of Aymouth is demolished, I have not borne nor used the title nor arms of England since my husband's death. It is not in my power to put them out of the household stuff, buildings, and Letters patents through France, as it is not in my power to send into England the Bishop of Valence, and Randan, who are not my subjects, to dispute about the sixth Article: And for the last Article, I hope my seditious subjects shall not have cause to complain of my severity. But as I perceive, she will prevent me by stopping my return, that they shall not have trial of my clemency: what remaineth now in this treaty, which may be wrong to the Queen? Yet that I may give her satisfaction more abundantly, I will write larger Letters of this business with mine own hand, though she doth not vouchsafe to write back unto me, but by her secretary: But I pray you my Lord ambassador, do the part of an ambassador, that is, rather mollify than exasperate the matter. But yet Queen Elizabeth was not satisfied with these letters, in whose mind the injury for the using of the arms and title of England was deeply imprinted, and still she was afraid, lest she should challenge them again, if she were not bound and tied thereto by the confirmation of the treaty and the religion of an oath. In the mean while the Q of Scotland getting a good gale of wind, departed from Calais, and in a foggy mist passing by the English ships, which some thought were sent to Sea to convey her with honour; others, to suppress Pirates, and as others said, to intercept and take her, arrived safe in Scotland: For James the Bastard very lately returning by England, had secretly willed Queen Elizabeth to take her by the way, if she had a desire to provide for Religion, and her own security. And Lidington being glad that d'Oysell was detained in England, persuaded it also. She being returned into Scotland, used her subjects with all courtesy, changed not their religion (though it had been brought in by tumults) and began to settle the common wealth by enacting good laws: But unto Queen Elizabeth she sent Lidington with her own, and the letters of the Scottish nobility, in the which she promised all care to make and conserve amity with her; and requested that a certain form of peace might be made between England and Scotland, and that there was none more certain, than if Queen Elizabeth (if she should have no issue) would declare her by the authority of Parliament, the next heir to succeed her in the realm of England. This thing seemed strange unto Queen Elizabeth, who looked for the confirmation of the treaty of Edinburgh, promised by word, and by her hand writing: yet she answered; As concerning the succession, she hoped the Queen of Scotland would not by violence take her crown away from her and her children, if she had any: she promised not to derogate any thing of her right unto the crown of England, although she had claimed the title and arms of England, through the too much hasty ambition of other men, for which injury it was meet that she made satisfaction. By setting down her successor, she feared lest their friendship should be rather dissevered than consolidated, for that unto men established in government, their successors are always suspected and hated: the people, such is their inconstancy upon a dislike of present things, do look after the rising sun, and forsake the sun setting; and the successors designed cannot keep within the bounds of justice and truth, their own hopes and other men's lewd desires: moreover, if she should confirm the succession unto her, she should thereby cut off the hope of her own security, and being alive, hang her winding-sheet before her own eyes, yea, make her own funeral feast alive, and see the same. After she had answered these things thus, she did again, sending her letters unto her by Peter Mewtas, mildly will her to confirm the treaty. Neither did the other directly deny it, but insinuated, that she could not do it, until she had set the affairs of Scotland in good order. Anno 1562. MArgaret Countess of Lynnox, Niece to King Henry the eight by his eldest sister, was delivered as prisoner to Richard Sackuill, and her husband the Earl of Lennox was assigned unto the Master of the Rolls in the like manner, for that he had secret intelligence by letters, with the Queen of Scots, in which custody both of them were kept a good space. Not long after, Henry Sidney was sent unto the Queen of Scots, whose message was, that the interview which he had desired to have with Queen Elizabeth might be put off unto the next year, or until the French wars were waxen colder. At this time it was consulted, whether it was for any good purpose, that these two Princesses should come unto an interview or conference: For, that the Queen of Scotland required it, bred a suspicion, that she did it for some commodity or benefit, and to espy some advantage, either to strengthen her right in England, or else to give a hope, and erect the minds of the Papists in England, and her cousins the Guises in France. On the other side, others thought hereby a most firm amity might be concluded between them, the league between the French and the Scots weakened by little and little, and the Queen of Scots won by fair words unto the Religion of the Protestants. Others noted, that out of such enteruiewes or conferences, grew the seeds rather of emulation, than of love, when one should hate and repine at the ostentation of the others bravery, wealth and power, and for that many times the presence and view is not answerable unto report and opinion; and so of the comeliness of the body, of the beauty of the face, and of the gifts of the mind: And that one might have cause and occasion to find fault with the other. Neither did the Queen of Scotland think it safe to deliver herself into the hands of Queen Elizabeth, with whom she had contended for the right of the kingdom: It made her to stagger, and to doubt in the matter, and also to which side to incline and sway, when she heard that Queen Elizabeth stood openly for the Protestants in France: whilst she considered (as she wrote herself) that she came by her father from the English blood, and by her mother from the French, that she was crowned Queen, and Dowager of France, and the most rightful heir of England, and withal expected the kingdom thereof: That she was much indebted unto her uncles in France, which had brought her up, and that she much desired the love of Queen Elizabeth. Yet she feared, such was her piercing understanding, lest if she joined herself with her in a very strict kind of amity, she might procure the evil will of the French King, be abandoned by her uncles, and lose her dowry out of France, by preferring the uncertain friendship of Queen Elizabeth (which, to use her own words, passed not beyond the person) before the certain love of the French. Hereupon the conference (which had been treated of many months, and the Articles also drawn) came to nothing, especially when she by her letters did utterly refuse to come unto the interview, except she might be designed heir apparent of England by authority of Parliament, or else be adopted by Queen Elizabeth to be her daughter, to lay a foundation of a most certain peace and union of both the realms, so often desired. If these things were granted, she promised to addict herself wholly to Queen Elizabeth, yea, and not to respect and regard her Vncles the Guises. Also in these lets she insinuated that she urged these things the more vehemently, for that she had heard that many did secretly device to set in another successor, and that only for the cause of Religion, though she did tolerate in Scotland the Religion of the Protestants. But when the Cardinal of Lorraine, at the same time dealt with the Emperor Ferdinand, that she might marry with his son Charles the Archduke, who then sued unto Q. Elizabeth for marriage; Queen Elizabeth threatened her by Thomas Randolph, that if she did consent unto the Cardinal (the mortal enemy of England) about that marriage, both that the amity between England and Scotland might be dissolved, and perhaps she excluded from her hope of the realm of England: and if she would not miss thereof, she in friendly manner willed her to choose such a husband in England, in whose choice she might principally give herself content, and then give satisfaction to her own subjects, and also to the English men, in the conservation of the peace, and make the way smother and plainer unto her assured succession in England, which cannot be published and made known until it was certainly known whom she would take to her husband. Anno 1563. WHen in the heat of the civil wars of France, the Duke of Guise, uncle unto the Q. of Scotland, was slain, her dowry out of France was not paid, Hamilton D. of Chasteauleroy was deprived of his duchy, and the Scots were displaced from the Captainship of the Guard, which things she took in very evil part: The Cardinal of Lorraine, another of her uncles, fearing lest hereupon she leaving the French, should cleave unto the amity of England, he proposed again by Crocus, the marriage with Charles d' Austria, offering to her the county of Tyrole for her dowry. She acquainted Queen Elizabeth with the matter, who by Randolph gave her those former admonitions about the choosing of a husband (as I have said before) and then in plainer terms commended Robert Dudley (whose wife being the heir of Robsert, was killed a good while since, by falling down a pair of slaires) and promised that if she would marry him, she should be declared by the authority of Parliament, sister, or daughter, & heir apparent of England, if she died without issue. As soon as the Queen mother & her uncles heard this by Foixius the French ambassador in England, they did so disdain the marriage with Dudley, as altogether unequal & unworthy to match in a royal stock and lineage, as they promised not only to pay her dowry, but also to restore unto the Scots all their former liberties, and morelarge also, if she would persist firmly in the friendship of France, and refuse the marriage offered unto her: and also they suggested and put in her head, that Queen Elizabeth did propose this marriage not seriously, but colourably, as though she had assigned Dudley for her own husband: And that there was no cause why she should put any trust or confidence in the authority of a Parliament, since that in England one Parliament may repeal that which another hath enacted. Moreover, that the purposes of the English men were no other, but by one means or other to keep her always from marriage. But yet she referred this matter unto conference, being wonderfully vexed and troubled at home, when Murrey cast into prison the Archbishop of Saint Andrew's, because he abstained not from saying mass, unto whom she hardly got pardon, with shedding of tears. And the hot spirited Ministers of the Church, bolstered by the authority of Murrey, offered violence (without any controlment) unto a Priest who had said mass in the Court (which was permitted by the Law.) Neither was she able to repress the tumultuous persons, though she applied all her mind about the good of the common wealth, by granting a general pardon, increasing the fees or wages of the judges, by making wholesome laws, as making adultery to be death, and sitting herself in judgement, thereby to make by Law the highest equal with the lowest. Anno 1564. IN this year Queen Elizabeth created Robert Dudley Master of her Horse, a man in high favour with her, whom she had in her secret purpose appointed husband for the Queen of Scotland, that he might be more worthy of that match; Baron of Denbigh, giving unto him Denbigh, with the demesnes, and the next day Earl of Leycester, to him and his heirs males lawfully begotten: For whose sake also she had before created his elder brother Ambrose Baron Lisle, and Earl of Warwick; and to his heirs males lawfully begotten, and to Robert his brother, and to his heirs males of his body lawfully begotten. Dudley advanced to these honours, to purchase favour and grace with the Queen of Scotland, unto whom he made suit in marriage, studied with all kind of offices to deserve well of her, and forthwith accused Bacon keeper of the great seal, unto the Queen, that he had dealt in the matter of succession against the Queen of Scotland, and that he was privy and accessary unto a Pamphlet made by one Hales, who endeavoured to prove the right of the crown of England, to belong unto the family of Suffolk, if the Queen died without heir: for the which he had been put in Prison; but Bacon (though he denied the same) was with much ado, and after a long time restored unto the Queen's favour by Cecil, who kept his own judgement in this point secret to himself, and always determined so to do, unless the Queen (as he would say) commanded him to speak his mind, for she could not endure of all things to have the right of succession called into question and dispute: but the wiser and the richer men, were troubled with nothing more, whilst in the controversy of Religion the hot Protestants thought the Q. of Scotland was to be put by, and rejected, because she was of another Religion, though her right was undoubted (out of some quirks and words of their Law books.) Some of the Romanists, and most that regarded equity and justice, thought she was to be received, as the true and certain heir by the Law. And many preferred Margaret, Aunt to the Queen of Scotland, the wife of Matthew Stewart Earl of Lennox, and her children, as those of whom they hoped the best, as borne in England. These things were not unknown unto the Q. of Scotland, who to prevent it as much as she could, by the advice of the Countess of Lennox her Aunt, sent for Matthew Earl of Lennox, to come into Scotland, under pretence to restore him into his ancient patrimony, but indeed to ask him counsel in these affairs, who by his wife's means, obtained leave, and also letters of commendations from Queen Elizabeth, after he had been banished from his native country now full twenty years. He (for I will for more perspicuity and light to the matter, rehearse the same somewhat higher) was borne of the same stock of the Stewarts, as the royal family of the Scots was: For marry daughter unto James the second, King of Scotland, bore unto james Hamilton, James the first of this stock, Earl of Arran, and Marie his daughter, wife unto Matthew Stewart Earl of Lennox, the first of this Christian name. James Earl of Arran, his first wife being divorced, and yet living, married jenet Beton, Aunt to Cardinal Beton, by whom he had James D. of Chasteauleroy, whom his adversaries hereupon accounted a Bastard. Marry sister to the Earl of Arran, bore unto Matthew, John Earl of Lennox, who being slain by the Hamiltons, at such time as he would have restored James the fourth to his liberty, left this second Matthew Stewart (of whom we speak) Earl of Lennox, most dear to James the fift, in regard of his father. But Matthew (the King being dead, and the Hamiltons having all the government in their power) departed secretly into France, from whence he was sent by Henry the second, the French King, to see that the common wealth of Scotland took no harm by Hamilton the Regent; and herein he behaved himself worthily: but being a plain and honest minded man, (and entangled by the craft and policy of Cardinal Beton, and Hamilton,) he fell out of the favour of the French King in a short time: And when he could neither tarry at home, nor return into France, he came into England and submitted himself to King Henry the eighth, who accepted him as a man well beloved in the West borders, and acknowledged him as next heir to the crown of Scotland, after MARIE than an infant, (though the Hamiltons confiscated all his possessions, as of a Traitor condemned) and married him unto the Lady Margaret Douglas his Niece, by his eldest sister, giving him lands in England, worth yearly of the old rent 1700. Marks, he promising for his part, to deliver into the hands of the King of England, the Castles of Dunbritton, the I'll of Butha, and the Castle of Rothsay, which pieces being courageously and valiantly attempted, could not yet be gotten. This man, the Queen of Scotland (a woman prudent and circumspect, and who applied all her studies upon the hopes of England) sent for to come into Scotland (as I have said) pardoned his banishment, restored him unto his ancient possessions, as well that she might oppose him against the attempts of James the Bastard, as also to put other folks out of hope of the succession of England, by his son, Henry Darly. For if that young man borne of the royal blood in England, and well beloved of the English Nation, should marry with some of the great families of England, she secretly to herself feared, that he bolstered up with the power of England, might be a block in her way, in the right of her succession in England, since he was accounted in most men's opinion, the second heir of the crown of England after her: and there was nothing she more wished, than that the realms of England and Scotland might deuolue by her means unto some of the Scottish race, and by him might be propagated unto posterity, in the ancient surname of the Stewarts. This came to the knowledge of Queen Elizabeth, and to prevent her purpose, she declared unto her by Randolph, that that marriage was so universally disallowed by the English men, that she adjourned the Parliament against the will of her council until another time, lest the Estates, moved unto wrath for this cause, should make some act against her right in succession: which lest it should afterward come to pass, she willed her not to do so, but to give satisfaction unto the English men, by thinking upon some other match. And now again she commended Leicester, (whom she had advanced unto the degree of an Earl, and especicially for that cause) with more earnestness, to be her husband. Upon this occasion at Berwick, in the month of November, there talked together about the marriage with Leicester, the Earl of Bedford and Randolph, and for her were Murrey and Lidington Commissioners. The English men promised firm amity, perpetual peace, and certain hope of the succession, if she would marry with Leicester, for upon this condition, Queen Elizabeth had promised to declare her daughter adoptive, or sister by authority of Parliament. The Scots stood hard to it, that it was not for the dignity of a Queen desired for wife by Charles the son of the Emperor Ferdinand, the King of France, the Prince of Condy, and the Duke of Ferrara, to abase herself unto the marriage of a newmade Earl, and a subject of England, upon a hope only, and no dowry being offered, saying also it was neither honourable unto the Queen of England, to commend so mean a husband to so great a Princess, her next kinswoman; but that this should be a most certain argument of love, if she would permit her at her own choice to elect herself a husband, who shall keep peace with England, and withal assign a good annuity unto her, and confirm the right of succession by the authority of Parliament. In all this business Queen Elizabeth earnestly desired, that the succession of both the kingdoms might be established in the English Nation, though she was slow in the same. The Queen of Scotland (when the matter had hung thus in talk for the space of two years) now determined to take Darly unto her husband, did suspect that Queen Elizabeth did not deal sincerely with her, but that she did propound this marriage for no other end and purpose, but that she might make the first choice of the best suitor or wooer for herself, or else might marry with better excuse unto Leicester. But the Scottish Delegates looking also for their own purposes, determined by one way or other to thrust some obstacle or other in any marriage, that ●hey might retain still their authority with the Queen. Queen Elizabeth had willed the Commissioners to hinder the marriage with Darly; and Leicester himself, accounting himself most sure of Queen Elizabeth, willed Bedford secretly by his letters, not to urge the matter much. And upon this hope it is thought he favoured Darly in secret. Anno 1565. IN the mean time Darly got leave with much ado to go into Scotland, and to stay there three months, by the earnest and humble suit his mother made unto Queen Elizabeth, under the colour, that he might be present at the restoring of his father: and so he came unto Edinburgh, in the month of February. He was a young man, of personage most worthy of an Empire, of a comely stature, of a most mild nature, and sweet behaviour. As soon as the Queen of Scotland saw him, she fell in love with him, and to cover her love she talked now and then with Randolfe the English ambassador in Scotland, about the marriage with Leicester, and at the same time sent to Rome, for a dispensation, because Darly and she were so near of kin, that a dispensation was necessary by the Canon laws. But when these things came to light, she sent Lidington unto Queen Elizabeth, that she might marry with Darly by her consent, and not be kept any longer unmarried upon vain expectations. Queen Elizabeth propounded the matter to her privy council, who out of the secret suggestions of Murrey, easily believed, that the purpose of the Queen of Scotland tended by this marriage to strengthen, and again to claim the title, and her right unto the realm of England, and withal to deduce it unto the Roman Religion again, and that many would incline unto them, upon the certainty of their succession coming of this marriage, and others out of the love unto the Roman Religion, and forasmuch as they understood, that most of the justices of Peace were addicted unto it. To prevent these things, they thought it most necessary, first to win the Queen's good will, to marry speedily some husband, that out of the certainty of succession by her and her issue, and from none other, the affairs and hopes of English men might depend, for they feared that if the Queen of Scotland married first, and had issue, the most of the people would incline and bend toward her side, because of the certainty of the succession and security. Secondly, that the profession of the Roman Religion should be infringed, or weakened, as much as might be: and that of the reformed, diligently advanced and established; this by dealing more moderately with some hot spirited Protestants about things indifferent; and the other, by calling in the deprived Bishops unto their prisons (for they had been dispersed into the Countries in the time of the great plague) by giving unto the Bishops more ample authority, to exercise the Ecclesiastical laws against that terrifying bug of the praemunire, (which the Lawyers objected against them) by suppressing books coming from the Low-countries into England, set out by Harding, and the divines that were fled over the Seas, by removing away certain Scottish Priests that lurked in England; by depriving the English fugitives of their ecclesiastical liuings, which they enjoyed until this time; by compelling the judges of the land, who for the most part were Papists, to take the oath of supremacy. But to disturb the marriage with Darly, it was thought best to put them in fear, by mustering soldiers upon the borders toward Scotland, and by putting a greater Garrison into Berwick: that the Countess of Lennox mother to Darly, and Charles her son should be committed unto Prison: the Earl of Lennox, and Darly his son, should be recalled out of Scotland, upon pain to forfeit all their goods, before that any league could be made by them with the Kings of France, or Spain: that the Scots enemies to the marriage, should be maintained, and Catharine Grace, with the Earl of Hertfort, should be received into some favour, of whom as of her competitor in the succession of the kingdom, she seemed somewhat to be afraid. And this was all that they could device to hinder the marriage. Hereupon Nicholas Throgmorton is sent unto the Queen of Scotland; who should advice her to deliberate long on that which was to be done but once, that repentance always followed hasty marriage, and to commend instantly the marriage with Leicester, and that the marriage with her aunt's son was contrary unto the Canon Law: for Queen Elizabeth very much desired, that by her, some of the English Nation might succeed in both the realms: although some men there were, that thought it would be the best for Religion, and both the realms, if she died without issue. She answered, the matter could not be recalled, and that Queen Elizabeth had no cause to be angry, when according to her counsel, she had chosen not a stranger but an English man, and one borne of the royal blood of both the kingdoms, and the noblest man of birth of all Britain. Lidington lying in England, did often propose the marriage of the Queen of Scotland unto Leicester colourably, and also to the D. of Norfolk, as to one more worthy of a Princess' marriage, who at that time put off the same with a modest refusal. The Queen of England, to interpose some impediment unto this hastened marriage, called back Lennox & Darly, as her subjects, according to the times expressed in their licence. The father excused himself most modestly in his letters: the son desired that she would not be against his preferment, & insinuated, that it may be that he may be profitable to his dear country of England: and openly professed himself a lover and honourer of the Queen of Scotland above all others, who to give correspondency to his love, first made him Knight, and afterward Lord A●●●●och, Earl of Rosse, and Duke of Rothsay, and the fift month after his coming into Scotland, took him to her husband, with the consent of the most of the Noble men, and proclaimed him King. Murrey, who applied all his wit to his own private ambition (and under the goodly pretence of Religion) had drawn in the Duke of Chasteauleroy, an honest minded man, unto his side, fretting, and others raising tumults, and arguing these questions: Whether a Papist was to be received to be their King? Whether the Queen of Scotland might choose herself a husband at her own election? Whether the Noblemen of the Land, might not by their authority appoint her a husband? The Queen of England, who knew the mild nature of Darly, and the plain and honest mind of the father, taking compassion of the young man her Cousin, and of the Queen a young woman also, who had to deal with most turbulent persons, who being above this twenty years loosed from the government of Kings, could not now endure any Kings, took it more quietly. Neither had she any fear of them, when she saw the power of the Queen her adversary not increased by that mean match, and had the mother of Darly in her hand: and foresaw, that troubles would arise hereupon in Scotland, which began incontinently: for many Noblemen of Scotland, as Hamilton and Murrey, chafing & fretting at the marriage, this man for that the marriage was made without the consent of the Queen of England, the other upon a spite or privy malice against the family of Lennox, but both of them under the pretext of the conservation of Religion, displayed their banners in manner of war, to disturb the marriage, so that the Queen was of necessity enforced to levy forces, that the mari●●● might be celebrated with security: and then she did so fiercely pursue the rebels, by the help of the King her husband, that she made them fly into England, before the bands of English men, promised to them, could come; but the Queen of England did covertly grant a lurking place unto Murrey, who was wholly addicted unto the English, and secretly maintained him with money by Bedford, until he returned into Scotland, which was the day after the murder of David Rizius. The causes which Queen Elizabeth alleged, why she admitted Murrey, and the Scottish rebels into England, were, for that the Queen of Scotland had received Yaxley, Standen, and Welsh, English fugitives, into Scotland, and received O-Neale, a great man of Ireland, into her protection, had intelligence with the Pope against England, and had not done justice on the thiefs on the borders, and on Pirates. Queen Elizabeth not forgetful of the Scottish affairs, a month or two after the marriage, sent Tamworth, a Gentleman of her privy Chamber, unto the Queen of Scotland, to warn her not to violate the peace, and to expostulate with her, for her hasty marriage with the native subject of England, without her consent, and withal, to request that Lennox and Darly might be sent back into England, according to the league, and that Murrey might be received again into favour. She smelling his errand, admitted him not to her presence, but in articles delivered in writing, promised in the word of a Prince, that neither she nor her husband would attempt any thing to wrong the Queen of England, or her children lawfully begotten, or the quiet of the realm, either by receiving fugitives, or by making league with strangers, or by any other means; yea, most willingly that they would make such league with the Queen and realm of England, which might be profitable and honourable for both the realms, neither that they would innovate any thing in the Religion, laws, and liberties of England, if at any time they should possess the kingdom of England; yet upon this condition, that Queen Elizabeth would fully perform this thing on her part toward her and her husband: viz. by parliament establish the succession of the crown of England in her person, and her lawful issue, and if that failed, in Margaret Countess of Lennox, her husband's mother, and her children lawfully begotten. As for the other things, she answered: That she had acquainted the Queen with her marriage with Darly (as soon as she was fully determined to marry him) and had received no answer from her: That she had satisfied the Queen's demands, forasmuch as she had not married a stranger, but an English man borne, who was the noblest in birth, and most worthiest of her in all Britain that she knew: But it seemed strange, that she might not keep with her Darly, whom she had married, or not keep Lennox in Scotland, who was a native Earl of Scotland. As for Murrey, whom she had tried to be her mortal enemy, she in fair words besought her to leave her subjects unto her own discretion, since that she did not intermeddle in the causes of the subjects of England. With this answer Tamworth returned not respected (as he thought) according to his estate and place (for to say the truth, the malapert fellow had touched the reputation and credit of the Queen of Scotland, with I know not what slander, and had not vouchsafed to give her husband the title of King. Anno 1566. IN June the Queen of Scotland in a happy hour, and to the perpetual felicity of Britain, was delivered of her son James (who is now the Monarch of Britain) which she signified forthwith unto Queen Elizabeth by james Meluin. Who although she was grieved at the heart, that the honour to be a mother was borne away before her by her adversary, yet she sent Henry Killigrew incontinently to congratulate with her for her safe deliverance, and the birth of a son: And to will her not to favour any more Shane O-Neale, than rebelling in Ireland, nor to entertain Christopher Rokesby fled out of England, and to punish certain thiefs upon the borders. Shortly after the estates of the realm in the parliament holden at London, moved the Queen earnestly to marry, and to set down and nominate her successor: but she by no means could be drawn to it. Yet that it might appear to the world, whom she thought most rightful successor, she cast into prison Thornton the Reader ●f the Law, at Lincoln's inn in London, at that time, of whom the Queen of Scotland had complained, that he in his reading had called into question, and made a doubt of the right of her succession. The time being come for the baptising of the Prince of Scotland, the Queen of England being requested to be Godmother, sent the Earl of Bedford with a Font of massy gold for a gift, and commanded expressly, that neither he nor any English men that accompanied him, should vouchsafe to call Darly by the name of King. That ceremony being finished, the Earl of Bedford dealt with the Queen of Scotland about other things contained in his commission: that is to wit, That the domestical contentions between her and her husband might be compounded (for some malicious sworn enemies to them both, had craftily broken asunder that most pleasant society of life and love between them) and the treaty of Edinburgh ratified. This last thing she utterly denied, alleging, that in the treaty was much matter that might impeach and derogate from her own and her children's right unto the crown of England. Yet she promised to send Commissioners into England, who should talk about the confirmation thereof, changing some words, namely, that she should forbear to use the title and arms of England, whilst Queen Elizabeth lived, and her children: As though it were meant in the treaty, that she should forbear to use them for ever. And also should declare unto her, how injuriously she was used by their villainous devices, that abused the simplicity and credulity of her husband, more than was to be suffered. And now she being sickly and weak, in her letters commended her young son unto the fidelity and protection of Queen Elizabeth: in which letters (though she knew, I use the words of the letters, that she is the undoubted rightful heir of England, after Queen Elizabeth; and that many imagine and device sundry things against that right) she promised that she would not urge any more any declaration of her right, but that she will help, assist, and cleave unto her always with all her power, against all persons. Anno 1567. But before those Commissioners came from the Queen of Scotland, and a month or two after the Prince was Christened; the King her husband in the one and twentieth year of his age, in the dead time of the night, by a hateful and abominable villainy (which all good men do detest) was strangled in his bed, and cast into a garden, and the house blown up with gunpowder. A rumour forthwith was diuulged in all Britain, and the fault laid upon Mourton, Murrey, and their confederates. And they insulting upon the weakness of her sex, laid it from themselves upon the Queen. What George Buchanan hath written hereof, as well in his history, as in a Pamphlet called the Detection, is known to all men by those printed books. But since he, carried away with partial affection, and with the gifts of Murrey, wrote in that manner, those books were condemned of falsehood, by the Estates of the realm of Scotland, unto whom more credit is to be given: And he himself lamented and bewailed unto the King (whose schoolmaster he was) reproving himself oftentimes (as I have heard) that he had written so spitefully against the well-deserving Queen: And at his death, wished that he might have lived so long, until he might wipe out with a recantation, or with his blood, the spots and stains he had falsely laid on her. But that (as he said) would be to no purpose, since he should seem to dote for old age. Let it be lawful for me (that the other part may also be heard) in few words to lay open all the matter as much as I can understand without any hate or love, as well out of the writings of other men which were set forth at that time, but suppressed in favour of Murrey, and upon hatred unto the Queen captive in England, as also out of the letters of ambassadors, and of men of good credit. In the year of our Lord one thousand five hundred fifty and eight, at the marriage of Francis the Dolphin, and of MARIE Queen of Scotland, James the Queen's Bastard-brother, commonly called the Prior of Saint Andrew's, disdaining that Religious appellation, sued for a more honourable title: which when she, by the advice of the Guises her uncles, would not grant, he returned into Scotland much offended, and began to make broils under a goodly pretence of the reformation of Religion, and assuring the liberty of Scotland; and effected it so fare, that Religion was changed in an assembly of the Confederates, without the Queen's privity: And the French men were removed out of Scotland by the help of the English men they had brought in: Francis the King of France being deceased, he posted into France, unto his sister, and laying from himself whatsoever had been done in Scotland against her profit or credit, calling God to witness, solemnly promised to do all the kind offices which a sister could expect at the hands of a brother. And conceiving also a hope, that she being bred up from her tender years in the delights of France, would not return into Scotland, dealt with the Guises, that some one of the Scottish nobility might be named Regent of Scotland, and as with his finger, shown himself as the fittest man. But when he was sent back into Scotland, with no other authority, but only with Letters Patents, wherein the Queen gave authority to assemble the nobility, and to advice and confer about the good of the common wealth; he being dejected and lustrate of his hope, returning thorough England, in a rage and fury put into their heads, that if they desired or had a care of the preservation of Religion in Scotland, the tranquillity of England, and security of Queen Elizabeth, they should hinder the return of the Queen of Scotland into Scotland, by one means or other. Yet she arrived safe in Scotland, passing by the English Fleet in a thick mist, and using her brother with all courtesy, commended the government of all the affairs into his hands. Yet these things did not cut off the branches of his ambition, which daily sprang out, both in words and deeds: For neither could he contain himself, but that oftentimes amongst his friends he would lament, that the warlike Scottish Nation, no less than that of the English men, was subjected to the government of a woman, and out of the doctrine of Knox (whom he accounted as a patriarch) he would often discourse that kingdoms were due unto virtue, not unto kindred: That women were to be excluded from the succession of kingdoms; and that their rule was monstrous. He dealt also with the Queen by his friends, that she would substitute some out of the family of the Stewarts, who if she died without issue, should succeed one after another in the kingdom; and not to have any regard whether they were legitimate or illegitimate, hoping that he should be one of them, being a King's son, although illegitimate. But the Queen, when she out of her wisdom weighed, that such a substitution was a thing contrary to the laws of the Land, and would be a wrong unto the right heirs, a most pernicious example, and perilous also for the substitutes themselves, yea and a bar unto her to keep her from marriage again. She answered mildly, that she would take deliberation in the matter, and consult with the Estates of the realm about it. And to show herself courteous and bountiful to her brother, she created him Earl of Marre, and afterward Earl of Murrey (because Marre was in controversy) and advanced him to an honourable marriage: All this she did, being all this while ignorant that he affected the kingdom, (bragging that he was the lawful son of James the fift.) And to make the way thereunto, he through the favourwherein he stood with the Queen, oppressed the most noble family of the gordon's, who had very many vassals, tenants and retainers, whom he feared much, both in respect of himself, and of their religion: And banished from the Court the Duke of Chasteauleroy (who was accounted the next heir to the crown) imprisoned the Earl of Arran his son, banished Bothwell into England, and put all them that he thought might cross him, out of office: And he as a Guardian kept the Queen as his Ward, and at his command, being most careful and diligent to keep her from marriage. And as soon as he understood, that on the one side the Emperor sued to her for his brother, and the King of Spain for his son; he dissuaded her utterly from them both: because (forsooth) the liberty of Scotland would not, nor could not endure a foreign Prince. And whensoever that government descended unto women, that they married no other husbands, but of the Scottish Nation: But afterwards, when all the Scots generally wished to see her married, and he found out that the Countess of Lennox had so providently wrought, that she inclined to marry Darly; he also commended him as a good husband for her, hoping the young man, being of a soft nature, would be ruled by him in all things. Yet when he saw the Queen to love Darly exceedingly, and he himself to grow out of her favour, he repent him of his counsel he had given, and willed Queen Elizabeth to hinder her marriage by one means or other. The marriage being made up, and Darly proclaimed King, when the Queen revoked the donations made to him and others, against the laws in her minority; he with other, put himself in arms against the King; alleging, that the new King was an enemy unto the Religion of the Protestants; and that he was married without the consent of the Queen of England. But he fled into England (as I have already said) never adventuring to fight: And being frustrate of all hope of help from thence, he dealt by letters with Mourton, a profound subtle man, who was as his other self, that since the marriage could not be dissolved, yet that the love between the parties might be broken by some secret devices: and a fit occasion offered itself; for she upon the arising of some private discontent, to keep under the swelling mind of the young man, and to conserve her royal authority whole to herself, had begun to set her husband's name last in the Proclamations and Records, and to omit it utterly in the coin. Mourton being a cunning man to breed discontents, with his flattering words crept into the King's good liking and opinion, and then persuaded him to take upon him the crown of the realm, yea, in despite of the Queen, and to make himself free from the government of women; for that it is the condition of women, said he, to obey, and of men to rule. By this counsel, if it were taken, he hoped not only to draw away the love of the Queen, but of all the nobility and commons also from the King, to estrange the Queen, and with diverse slanders first heartened the King to murder David Rizius a Piedmountoys, lest that politic fellow should prevent their purposes (this man was a musician by profession, and came the last year with Moret the ambassador of Savoy; and by the Queen for his wit and dexterity received into her household and favour, and preferred to write her French letters, and unto her privy council in the absence of the secretary.) Then to estrange her love the more, he persuaded the King to be present at the murder, with Ruthen and the rest, who rushing together with him in to the Queen's dining Parlour, at supper time (she sitting at the table with the Countess of Argile) assaulted the fellow with their naked swords, as he tasted meat taken from the Queen's table, at the cupboard (as the servants of the privy Chamber use to do) before her face, being great with child, trembling with fear, setting a pistol at her breast; so that she was in danger of abortion, and dragged him into the utter Chamber, where they most cruelly killed him, and shut up the Queen into a Parlour: Mourton all this while guarding all the passages. This murder was committed the evening before the day appointed unto Murrey to appear for his trial in the assembly of the Estates for his rebellion, who came in on the next day, when no body expected him, and no man appeared against him in that troublesome time: So that it may seem that the murder of David was hastened of set purpose to procure the security and safety of Murrey. Yet the Queen at the earnest suit of the King, received him courteously, and continued in brotherly love towards him. But the King when he considered the enormity of the offence (and seeing now the Queen to be very angry) repent his rashness, and in humble manner submitted himself unto her clemency, weeping and lamenting, and ask pardon, did ingenuously confess, that he committed that heinous offence by the instigation of Murrey and Mourton: and from thenceforth did so hate Murrey, (for Mourton, Ruthen, and others, were fled into England upon the murder, with the commendatory letters of Murrey unto Bedford) that he devised to kill him. But when out of wrath and rashness, he could not conceal his purpose, nor (such was his respect unto the Queen his wife) durst execute it; he told her how profitable it would be for the commonwealth, and also for the security of the royal family, if Murrey were rid out of the way. She detesting the thing, terrified him even with threats, from such enterprises, putting him in hope of reconciliation. Yet he when he saw, to his heart's grief, the Bastard to be of such power with the Queen, out of his impatience he plotted the same matter with others; which when it came to the ears of Murrey, to prevent him, under colour of duty, he layeth closer snares for the young man, using Mourton (though absent) for his counsellor. They thought it requisite above all things, utterly to avert the Queen's mind from the King; and by flattery to induce Bothwell, lately reconciled unto Murrey, and in great favour with the Queen, into their society, showing him a hope to be divorced from his wife, and to marry with the Queen, as soon as she was widow. And for the performance of these things, and also to defend him against all persons, they bond themselves under their hands and seals, being persuaded, if the matter hit right, that they might by one labour kill the King, utterly discredit the Queen amongst the nobility and Commons, undo Bothwell utterly, and bring the government of all the affairs unto their hands. Bothwell being a lewd minded man, blinded with ambition, and therefore venturous to attempt, quickly laid hold on the hope offered unto him, and villainously committed the murder. But Murrey had secretly gone home a pretty way off, fifteen hours before, that he might no way be suspected; and that he might from thence give aid unto the Conspirators, when any need was, and all the suspicion might light upon the Queen. As soon as he returned unto the Court, both he and the Conspirators commended unto her Bothwell, as most worthy of her love, for the nobility of his family, his valour showed against the English, and his approved fidelity. They put in her head, that she being alone and solitary, was not able to repress the tumults that were raised, prevent secret plots, and uphold the burden and heavy weight of the kingdom. Therefore she might do well to take as a Companion of her bed, counsel, and danger, the man that could, would, and durst oppose himself against all trouble. And they drove and enforced her so fare, that the fearful woman, daunted with two tragical murders, and remembering the fidelity and constancy of Bothwell towards her and her mother, and having no other friend unto whom to resort, but unto her brother's fidelity, gave her consent: Yet upon these conditions, that above all this, provision might be made for the safety of her little son; and then, that Bothwell as well might be cleared from the murder of the King, as also from the bond of his former marriage. What George Earl of Huntley, and the Earl of Argile, men of great nobility in Scotland, did forthwith protest of this matter, I think good to set down in this place, out of the original, with their own hands, sent unto Queen Elizabeth, which I have seen. Forasmuch as Murrey and others, to cloak their rebellion against the Queen (whose authority they usurp) do slander her openly, as privy and consenting unto her husband's death: we do publicly protest and swear these things. In the month of December, in the year of our Lord God one thousand five hundred fifty and six, when the Queen lay at Cragmyller, Murrey and Lidington did acknowledge before us, That Mourton, Lyndsey, and Ruthen killed David Rizio, for no other end, but to procure the safety of Murrey, who was to be attainted at the same time. Therefore lest they should be unthankful, they wished that Mourton and the rest, banished for the death of David, might be brought home again: And this they insinuated could not be done, except the Queen were separated by a divorce from the King, which they promised to effect, if we would grant our consents. And afterwards Murrey promised unto me George Earl of Huntley, the restitution of my ancient patrimony, and perpetual favour of the banished men, if I would favour the divorce. Then they went unto Bothwell, that he should consent thereunto. Lastly, we came unto the Queen, and Lidington in all our names besought her exceedingly to remit the sentence of exile against Mourton, Lyndsey and Ruthen: He exaggerated the faults and crimes of the King with bitter words; and shown, that it was much for the good and benefit of the Queen and the commonwealth, that a divorce were speedily sued out: forasmuch as the King and she could not live together with security in Scotland. She answered, she had rather departed into France, and live privately for a time, until her husband acknowledged his faults: for she would have nothing to be done that should be wrong to her son, or dishonour unto herself. Hereunto Lidington replied, saying: we that are of your council will provide for that. But I command you (said she) not to do any thing which may be a blemish to my honour, or a stain to my conscience. Let things be as they be, until God above do remedy it: That which you think may be good for me, may prove evil. Unto whom Lidington said, Commit the matter unto us, and you shall see nothing done but that which is good, and that which shall be allowed in the Parliament. Hereupon, since that within a few days after, the King was most shamefully murdered; we out of the inward testimony of our conscience, are most assured, that Murrey and Lidington were the authors and persuaders of this murder of the King, whosoever were the actors of the same. Thus much Huntley and Argile. Now the Conspirators applied all their skill that Bothwell might be cleared of killing the King: Therefore without delay, the Parliament is summoned for no other cause, and Proclamations are set out to apprehend the persons suspected for murdering the King. And when Lennox, father to the murdered King, accused and charged Bothwell as the Regicide, and was very importunate that Bothwell might be brought to trial before the Parliament began: This also was granted; and Lennox commanded to come in with his accusation within twenty days. On which day, when he heard nothing from the Queen of England, and could not be present in the city full of his enemies, without danger of his life; Bothwell was brought to the bar, and arraigned, and acquitted by the sentence of the judges; Mourton also upholding and maintaining his cause, and openly taking his part. This business being finished, the Conspirators wrought so, that the most of the nobility gave their consent unto the marriage, under their hands and seals, lest he (frustrated of the promised marriage) should appeach them as contrivers of the murder. But of this marriage of the Queen with Bothwell (who was created Duke of the Orkeneis) the suspicion increased with all men, that the Queen was consenting to the King's death: which the Conspirators increased by letters sent into all places, and in their secret meetings at Dunkelden they conspired forthwith to kill Bothwell, and deprive the Queen: Yet Murrey, that he might be thought clear of this conspiracy, obtained leave of the Queen (but hardly) to travel into France. And that he might put all diffidence out of her head, he commended all his affairs and estate in Scotland, unto the fidelity of the Queen and Bothwell. He was scarce gone out of England, but behold the same men which had cleared and acquitted Bothwell from the murder, and consented unto the marriage under their hands and seals, took up arms against Bothwell, as meaning to apprehend him: And indeed they secretly willed him to save himself by flight, for no other intent, but that he should not be taken, and discover all their plot, and withal, that they might lay hold of. his flight, as an argument or reason to accuse the Queen of killing the King. But she being taken, they used her most contumeliously, and in most unseemly fashion, and putting on her an old cloak, thrust her into prison at Lochlevyn, under the custody of the mother of Murrey, who had been the Concubine of James the fift, who most malapertly insulted over the calamity of the imprisoned Queen, boasting that she herself was the lawful wife of James the fift, and that her son Murrey was his lawful issue. As soon as Queen Elizabeth understood these things, in her mind detesting this barbarous insolency of subjects (whom she called oftentimes Traitors, Rebels, unthankful and cruel fellows) against a Princess, her sister, and neighbour; She sent Nicholas Throgmorton into Scotland, to expostulate with the conspirators for this insolency used against their Queen, and to take some course how to restore her into her former liberty, and for the severe punishment of the murderers of the King; and that the young King might be sent into England, that order might be taken for his security, and not sent into France. And what I shall hereafter declare (during his abode in Scotland) take ye upon the credit of his letters, which is approved. He found the most part in Scotland incensed against the Queen, who in plain terms denied access unto her, both to him, and also to Villeroy and Crocus the French ambassadors. Yet could not the Conspirators agree among themselves what to do with her: Lidington and a few others would have her to be restored upon these conditions: That the murderers of the King should be punished according to Law; The Prince's safety provided for; Bothwell divorced, and Religion established. Others would have her to be banished for ever into France, or into England: So as the King of France or Queen of England, did give their words, that she should resign the kingdom, and transfer all her authority unto her son and certain Noble men. Others were of opinion, that she should be arraigned publicly, and condemned unto perpetual prison, and her son crowned King: Lastly, others would have her deprived both of her life and kingdom, by a public execution. And this Knox and some Ministers of the Word, thundered out of their Pulpits. On the other side, Throgmorton out of the holy Scriptures brought many places to prove, that obedience was to be yielded unto the higher powers, that carry the sword: And wittily argued, that the Queen was not subject to the judgement of any, but only of the celestial judge: That she could not be arraigned or brought to trial before any judge on the earth: And that there is no Magistrate had any authority in Scotland, which is not derived from the authority of the Queen, and revocable at her pleasure. They opposed the peculiar Law of the kingdom, among both the parties, before the Commissioners at York. On the fifth day after the resignation, James the Queen's young son was anointed and crowned King, john Knox making the Sermon: The Hamiltons putting in a protestation, that it should be no prejudice unto the Duke of Chasteauleroy in the right of succession against the family of Lennox. But Queen ELIZABETH forbade Throgmorton to be present thereat, that she might not be thought to allow the unjust abdication of the Queen, by the presence of her ambassador. On the twentieth day after the resignation, Murrey himself returned out of France; and the third day after, he with many of the Conspirators came unto the Queen, against whom he laid many heinous crimes, and persuaded her to turn unto God by true repentance, and to ask mercy of him. She shown herself sorrowful for the sins of her former life, she confessed some things he objected, others she extenuated, others she excused by humane frailty, and the most matters she utterly denied. She required him to take upon him the government of the affairs for her son, and required him earnestly to spare her life, and her reputation. He said, it lay not in his power, but it was to be sought for of the States of the realm; yet if she desired to have her life and honour saved, he prescribed these things for her to keep: That she should not trouble nor disturb the tranquillity of the realm; That she should not steal out of prison, nor move the Queen of England, or the King of France, to vex Scotland with foreign or civil war; That she should not love Bothwell any more, or device to take revenge on the enemies of Bothwell. The Regent being proclaimed, bound himself by his hand and seal, to do nothing concerning peace or war, the person of the King or his marriage, or the liberty of the Queen, without the consent of the Conspirators. He willed Throgmorton by Lidington, not to entreat any more for the Queen; for that he and the rest had rather endure all things, than that she being freed, should keep Bothwell company, bring her son into danger, her country into trouble, and also proscribe them. We know (said he) what you English men can do by war: You may waste our borders, and we may yours; & we know assuredly, that the French men in regard of our ancient league, will not abandon and forsake us. He denied also Ligneroll the French ambassador, to have access unto the Queen, until Bothwell was taken; and every day he used the distressed Queen worse and worse, whereas she had deserved well at his hands, and contrary to his promise he had made unto the King of France. Thus much out of the Letters of Throgmorton. Shortly after, Murrey put to death john Hepborne, Paris a French man, Daglish, and the other servants of Bothwell, who had been present at the King's death: But they (which Murrey little expected) at the gallows protested before God and the Angels, that they understood by Bothwell, that Murrey and Mourton were the authors of killing the King, and cleared the Queen from all suspicion; as Bothwell himself prisoner in Denmark all his life time, and at his death, did with many solemn oaths and religious protestations, affirm, that the Queen was not privy nor consenting to it. And fourteen years after, when Mourton was to suffer death, he confessed, that Bothwell dealt with him to consent unto the murder of the King, which when he utterly denied, except the Queen did command it under her hand; To that Bothwell did answer, that could not be done, but that the deed must be done without her knowledge. This rash, precipitate and overhasty abdication or deprivation of the Queen, and the overthwart stubbornness of the Conspirators towards the ambassadors, both Queen ELIZABETH and the French King took very heinously, as a thing tending to the reproach of royal majesty, and began to favour the Hamiltons, who stood for the Queen. Pasquier also ambassador from the French King, dealt with the Queen of England, that she might be restored by force of arms; but she thought it the better way to forbid the Scots all traffic in France and England, until she was delivered; and so by that means the common people might be disioned from the Noblemen, who (as it seemed) were united in the conspiracy against the Queen. Anno 1568. IN Scotland the captive Queen upon the second day of May, escaped out of prison in Lochlevin, by the means of George Dowglas, whose brother had the custody of her, unto the Castle of Hamilton; where, hearing the testimony of Robert Meluin and others, a sentence declaratory was made by the whole consent of all the Noblemen which were there met, being very many: That the Resignation extorted by fear from the Queen, was void from the beginning; and that the same was extorted, is confirmed by the oath of the Queen there present. Hereupon such a multitude came unto her from all places in a day or two, as she had an army of six thousand valiant men, which yet Murrey easily put to flight, because they were so fierce, and would not be ordered in the fight. The fearful Queen, terrified with this unfortunate success, betook herself unto flight, riding that day threescore miles, and afterwards, by journeys in the night, came unto the house of Maxwell, Lord Herris; and was more willing to commit herself unto the protection of Queen ELIZABETH, than to trust her own subjects. Yet she sent before one john Beton, unto her (with a Diamond, which she had before received of her, as a token between them of benevolence) who should signify unto her, that she would come into England, and ask aid of her, if her subjects pursued her any farther by war: unto whom Queen ELIZABETH promised very largely all love and sisterly kindness. But before the messenger returned, she went into a little bark (her friends much dissuading her) with the Lords, Herris and Fleming, and few others, and landed the seventeenth day of May at Worlington in Cumberland, near unto the mouth of the river Derwent; and the same day wrote Letters in the French tongue, with her own hand, unto Queen ELIZABETH: Of the which the chief heads (since they do comprise a longer historical narration of the things done against her in Scotland, than I have declared) I think good to set down out of the original, which is in this manner. You are not ignorant (my best sister) how many of my subjects, whom I have advanced unto great honour, have conspired to oppress and imprison me, and my husband; and how at your intercession I received the same men into favour, whom I had expelled out of my kingdom by force of arms. But yet these men broke into my Chamber, and cruelly killed my servant, I being great with child, beholding it, and shut me up in prison. When I had again forgiven them, behold, they laid upon me a new crime, which themselves had wrought, and signed with their own hands; and shortly after were enranked in battle against me in the field: but I trusting in mine innocence, to avoid the shedding of blood, put myself into their hands; forthwith they thrust me into prison, sent away all my servants, but one or two maids, a cook, and a physician, enforced me by threats and fear of death, to resign my kingdom, and in the assembly of the Estates called by their own authority, denied to hear me and my Agents, spoiled me of all my goods, and kept me from the speech of all men. Afterwards, by God's help, I escaped out of prison, and accompanied with the flower of the Nobles, who came joyfully unto me, from all parts, I admonished mine enemies of their duty and allegiance; I offered them pardon, and proposed that both parts might be heard in the assembly of the Estates, that the commonwealth might not any longer be torn in sunder by these intestine mischiefs. I sent two messengers about this matter, they cast them both into prison; they proclaimed them that assisted me Traitors, and commanded them forthwith to leave me. I requested that the Lord Boyd might talk with them under a safe conduct, about a composition; but they also denied the same utterly. Yet I hoped they might have been recalled to acknowledge their duty by your intercession. But when I saw I was to undergo either death or imprisonment, I intended to have gone unto Dunbritton; but they met me in arms upon the way, and put my friends unto flight. I got me unto the Lord Herris, with whom I am come into your kingdom, upon a certain hope of your approved benevolence, that you will help me friendly, and by your example excite others to do the same. Therefore I earnestly request you, that I may be brought unto you speedily, for I am now in great distress, which I will tell you more at large, when it shall please you to have compassion on me. God grant you long and happy life, unto me patience and comfort, which I hope and pray I may obtain of him by your means. Queen ELIZABETH in her Letters by Francis Knowles, and others, comforted her, and promised to protect her according to the equity of her cause, but denied her to come to her presence, for that by report she was charged with many crimes, and commanded that she should be conveied unto Carlisle, as unto a safer place (if her enemies attempted any thing against her) by louder Lieutenant of the place, and the power of the Gentlemen of the country. She having received this answer, and the access denied, both by her Letters, and also by Maxwell Lord Herris, she earnestly besought her, That she might as well show the injuries received by her, as also clear herself of the crimes objected against her in her presence: That it was most just that Queen ELIZABETH her nearest kinswoman of blood should hear her in her presence, being banished; and also restore her unto her kingdom, against those whom being banished for their villainies committed, she had restored unto their estates, at the intercession of Queen ELIZABETH, and that to her own destruction, except it were speedily averted. Therefore she humbly requested, that either she might be admitted to her speech, and helped, or that she might speedily be permitted with her leave and favour to departed out of England, to crave help from some other place, and not to be detained any longer like a prisoner in the Castle of Carlisle; forasmuch as she came voluntarily into England, trusting on her love, oftentimes promised by Letters, Messengers, and tokens. Through these letters, and the words of Herris, Queen ELIZABETH seemed (for who can reach into the secret cogitations of Princes? and wise people conceal to themselves their own purposes) from her heart to have compassion of this Princess her kinswoman, being in very great distress; who was taken by her subjects by force, thrust into prison, brought into danger of her life, condemned, and yet never heard speak in her own defence (which is never denied to a private man) and had fled into England unto her upon an assured hope of help and relief. Moreover, she was much moved, that the distressed Queen had voluntarily offered, to have her cause argued and disputed of before her, and had taken upon her to prove her adversary's guilty of all the crimes whereof they had accused her, who was innocent. Whether the pity of Queen ELIZABETH was unfeigned or not, is not known: But certain it is, the councillors 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 favour the right she pretended unto the crown of England, who would kindle her ambition, and leave nothing unattempted to purchase the kingdom for her. That foreign ambassadors would help and assist her purposes; and that then the Scots would not fail her, when they saw such a fair prey. Moreover, the fidelity of keepers was uncertain, and if she should die in England by sickness, it would give occasion of slander, and the Queen should be vexed and turmoiled every day with new molestations. If she should be sent into France, they feared, lest her Cosens the Guises would again pursue the right and claim she made unto England, upon a conceit and opinion that she could do much in England with some for religion's sake, with others by the probability of the right, whereof I speak; and with many upon a mad desire of innovation. Besides that, the friendship between Scotland and England, which is very profitable, might be broken, and the ancient league between France and Scotland renewed; which might be more dangerous than in former times, when Burgundy was tied unto England in a stricter league than at this present; England having now no assured friends but the Scots. If she should be sent back into Scotland, they feared lest the English faction should be put out of authority, the French faction raised to the government of affairs, the young Prince expoled unto danger, the Religion in Scotland changed, the French and other foreigners brought in, Ireland more vexed and annoyed by the Irish Scots, and she herself brought into danger of her life by her adversaries at home. Hereupon most of them thought best to detain her as a lawful prize, and not to be let go, until she had satisfied for the challenging the title of England, and answered for the death of DARLY her husband, who was a native subject of England; for the mother of DARLY the Countess of Lennox, long since, blubbered with tears, in her own name, and her husbands also, had made a grievous complaint against her, and had besought Queen ELIZABETH that she might be arraigned for the death of her sonnets: but she comforting her with courteous words, willed her not to lay such a crime upon so great a Princess her nearest Cousin, which could not be proved by any certain evidence: That the times were malicious, and unjust spite blind, which doth lay crimes upon innocent persons, but that justice which is the punisher of offenders was open eyed, and sitteth by God. On the other side, the Lord Herris humbly besought the Queen, not to believe rashly any thing against the truth, against the Queen unheard, and that in Scotland Murrey should not precipitate the parliament, to the prejudice of the expulsed Queen, and to the destruction of good subjects. Which though she urged exceedingly, yet Murrey in the King's name, held the parliament, attainted many that stood for the Queen, spoiled and destroyed their houses and possessions. Hereupon the Queen of England being moved with indignation, signified by Midlemore unto the Regent in bitter words; That she could not endure, that by a most pernicious example unto Kings, the sacred authority of royal majesty should be contemned by subjects, and trodden under foot at the pleasure of factious people. And howsoever they had forgotten the duty and allegiance of subjects toward their Princess, yet she could not forget any duty or office of good will and piety towards her sister and neighbour Queen. Therefore it was best for him then to come himself, or else to give commission unto fit and apt men for this business, who should make answer unto the complaints of the Queen of Scotland, against him and his complices; and also yield just reasons for their deprivation of her; if he did not, that she would set her at liberty forthwith, and restore her to her kingdom, with all the power she could make. And withal, willed him not to sell away the Queen's apparel and precious ornaments, though the Estates had permitted the same. Murrey did as she willed him, since he had depended upon no other place, but only upon England, for this course of his fickle government, and the Noblemen of the realm refused to be sent on that message. To York therefore (the place appointed for the meeting) came he himself and seven of his dearest and most familiar friends, as Commissioners for the King infant, namely, James Earl of Mourton, Adam Bishop of Orkeney, Robert Commendator of Dunfermellin, Patrick Lord Lindsey, James Mangill, Henry Balnaw: and Lidington (whom Murrey with fair promises enticed to come with him, fearing to leave him at home) and George Buchanan, one that would swear it if Murrey spoke it, accompanied them. The same very day came thither Thomas Howard Duke of Norfolk, Thomas Ratcliff, Earl of Sussex, a little before made precedent of the North, and Sir Ralph Sadleir Knight, one of the privy council, appointed Commissioners, to hear the cause of the deprivation, for the Queen of Scotland, (who took it most unkindly that Queen ELIZABETH would not hear her to speak, and yet commanded her subjects to be heard against her, before Commissioners; forasmuch as she being an absolute Prince, could not be bound to answer but at pleasure, unto her subjects accusing her.) There appeared john Leslie Bishop of Rosse, William Lord Levingston, Robert Lord Boyde, Gawen Commendator of Kilwiming, John Gordon, and james Cocburne, for her. When they were met on the seventh day of October, and shown each one to the other their Letters Patents of their Commission; Lidington standing up, and turning to the Scots, with a wonderful bold speech admonished them: Forasmuch as it should seem by the Commission granted to the English men, that the Queen of England had no other purpose, but that they should defame, disgrace and discredit the reputation and good name of their Queen mother to their King; and that she as an umpire and judge should give sentence; that they should consider with themselves discreetly, what hate and danger they might draw upon themselves by accusing her of crimes, and bringing her in danger and loss of reputation in this iuridicall and public form, before English men, the professed enemies of the Scottish Nation, not only with the Scots that loved the Queen, bu● also with other Christian Princes, and her Cousins in France: and what reason they could yield for this insolent accusation (not without the wrong of the Scottish Kingdom) unto the King, when he being riper in years, shall think this action a reproach and dishonour to himself, his mother, and his country also. Therefore he thought it most fit to leave off the odicus accusation of so great a Princess, except the Queen of England shall make a mutual league offensive and defensive against all persons that shall trouble them for this matter. And thus the secretary of Scotland advised them in the way of friendship. They looking one on another, said not one word. The Commissioners of the Queen of Scotland (for the first place of honour was given unto them) before they took the oath, protested although the Queen of Scotland was content that the causes between her and her rebellious subjects should be argued in the presence of the English men, yet that she did not therefore acknowledge herself to be subject to any, or under the rule of any, being as she is, a free Prince, and vassal and holding of none. The English men protested likewise, that they by no means admitted that protestation, to the wrong of that right which the Kings of England of long time have challenged and claimed as the superior Lords of the kingdom of Scotland. On the next day, the Commissioners of the Queen of Scotland by writing declare, How James Earl of Mourton, John Earl of Marre, Alexander Earl of Glencarne, Hume, Lindsey, Ruthen, Sempill, etc. had levied an army, in the Queen's name, against the Queen, taken her, used her vilely, and thrust her into prison in Lochlevin, had forcibly broken into her minting house, taken away the minting irons, and prints, all the gold and silver coined and uncoined, and had crowned her son (being an infant) King; whose authority James Earl of Murrey, under the name of Regent, had usurped, and had taken into his hands all the muniments, riches and revenues of the kingdom. And then they show, how she as soon as she was escaped out of prison, after eleven months, bade publicly declared, and taken her oath, that whatsoever she had done in prison, had been extorted from her (unwilling thereto) by force, threats, and fear of death; but yet for the conservation of the public tranquillity, that she gave authority to the Earls of Argile, Eglenton, Cassile and Rothsay, to make a composition with her adversaries, who yet set upon her with their men of war, as she intended to travel to Dunbritton by unknown ways, killed very many of her faithful subjects, lead others away prisoners, and banished others for no other cause, but for that they had done faithful service unto their lawful Princess. That she enforced by these their vile and lewd injuries, retired and withdrew herself into England, to require help, which Queen ELIZABETH had oftentimes promised her, that she might be restored into her country and former estate. After a few days, Murrey the Regent and the Commissioners for the King Infant (so they called themselves) make answer: That HENRY DARLY the King's father, being murdered) James Hepborne, Earl of Bothwell (Who was accounted to be the murderer) obtained such favour of the Queen, that he took her being not unwilling, in the show of violence, and carried her to Dunbar, and took her to his wife (having put away his former wife:) That the Noblemen moved thereat, thought it their duty to punish Bothwell the contriver of the murder (forasmuch as that murder was in every place laid upon many Noblemen Conspirators) to restore the Queen unto her liberty, to ●nloose her from her unlawful marriage, and to make provision for the young King's safety, and the tranquillity of the realm. And when the matter was now ready almost to come unto a bloody fight; That the Queen sent Bothwell away, thundered out threats against the Noblemen, breathed revenge. So that it was of necessity to keep her in their custody, until punishment might be taken of Bothwell, if he could be found. And that she, wearied with the trouble of government, voluntarily resigned her kingdom, and transferred the same unto her son, appointing Murrey to be Regent. Upon this her son was with the due rites anointed and crowned King; and that all these things were approved and confirmed by the Estates in the parliament. And that the Scottish Commonwealth by the just administration of justice reflourished, until certain persons envying the public quietness, subtly got the Queen out of prison, and violating their fidelity toward the King, took arms, of whom, though the King (by the favour of God) got the victory, yet they bear still the mind to work and threaten all the hostility they may. And therefore it is very necessary that the King's authority may be conserved and established against such turbulent subjects. To these things the Commissioners of the Queen answer in their Replication (having first repeated their former protestation,) and say; Whereas Murrey and the Conspirators do say, that they took arms against the Queen, because Bothwell, whom they charge with killing the King, was in great favour with the Queen, they cannot with that gloze clear themselves from the mark of traitorous subjects; since it was not certain to the Queen, that he killed the King. Yea contrariwise, that he was acquitted, by the judgement of his peers, of the murder; and that verdict was confirmed by the authority of parliament, with the consent also of them who now accuse him; and at that time persuaded the Queen to marry him, as a man more worthy to bear rule, than any other; and gave unto him their word under their hands. Neither did they disapprove the marriage, so much as in word, until they had by fair words enticed the captain of the Castle of Edinburgh, and the provost of the town unto their side: For then late in the night, assaulted they the Castle of Borthwicke (where the Queen lay) and when she, by the darkness of the night, escaped, forthwith they levied an army under the pretence to defend the Queen, and met her going towards Edinburgh, with Banners displayed, ready to fight; and by Grange, whom they sent before, they willed her to send away Bothwell from her company, until he should be brought to trial: which she to avoid the effusion of blood, willingly did. But Grange secretly willed Bothwell to departed away, and gave his word that none should pursue him; so that he whom they might easily have taken then, departed with their good leave. But now having taken the Queen, they passed not upon him, that they might advance their ambitious purposes and designs. And whereas they charge her to have used them with rough and rigorous words; it is no wonder, since they being her subjects, having sworn their allegiance unto her, had used her more rudely and vilely than becometh any to use the majesty of a Prince. And when she most willingly referred the cause unto all the Estates of the realm, and signified so much by Lidington the secretary, they would not so much as hear the motion, but by night conveied her secretly unto Lochlevyn, and put her in prison. In that they say she voluntarily made a resignation of the kingdom, for that she was wearied with molestations in the government, is altogether untrue; forasmuch as she was not outworn or decayed by age, nor weak by sickness, hut both in mind and body able to discharge the most weighty matters of Estate. But this is most certain, that the Earl of Athold, Tullibardin and Lidington (who were also of their counsel) did will her to subscribe unto the Letters Patents of the resignation, that she might avoid death, assuredly intended, and that this would be no wrong nor bar to the prisoner, or her heirs; forasmuch as prison is a just fear, and a promise made by a prisoner (by the opinion of the Lawyers) is of no force, and utterly void. And that Nicholas Throgmorton did persuade her to the same, by a schedule written with his own hand, whom she also requested to signify unto the Queen of England, that she had subscribed by coaction, and against her will. moreover, that Lindsey when he brought the Letters Patents of the session to be subscribed, threatened her with death, and drove her by force to subscribe unto it, which she never read, the tears running down from her eyes. And that the Lord of the Castle of Lochlevyn refused to subsigne it as a witness, because he saw and knew for certain, that she subscribed against her will. Also that resignation and renunciation is most unjust, in which nothing is assigned unto her, whereon she may live, nor liberty granted, nor security of life promised. So that to men of indifferency such like unjust resignation cannot seem to prejudice her royal majesty; which as soon as she was free at liberty, openly declared, she did it by compulsion, making a declaratory thereof before many Noblemen of the realm. Neither ought those things which they brag they did by the authority of parliament, be any prejudice unto the Queen; for where in the parliaments of Scotland about an hundred Earls, Bishops, and Barons have their voices, in this tumultuary parliament, there were present no more but four Earls, one Bishop only, 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 Queen, or her successors, because she was a captive. Neither were the ambassadors of England nor France admitted to know of her, whether she resigned her kingdom voluntarily, although they made earnest suit sundry times. And that it is so untrue, that the usurping Regent hath justly administered the commonwealth, it is most apparent, that impiety did never reign more, and with less controlment, in throwing down Churches, ruinating worshipful families, and afflicting the miserable commonalty. Therefore they request earnestly, that the Queen of England would speedily help the Queen her Cousin, most unjustly and vilely oppressed, with her favour, advice, help and assistance. Thus much out of the original copies of the Commissioners, written with their own hands, which I have seen. When the English Commissioners had heard these things, they required that Murrey should produce and prove more sound causes of this great severity used against an absolute Queen: Forasmuch as whatsoever had been hitherto showed, was not strengthened with witness, but with letters of small credit, and Lidington had insinuated that he had oftentimes counterfeited the Queen's hand. He refused to accuse his sister any further before strangers, except the Queen of England did repromise to undertake the protection of the Infant King, and utterly to relinquish the Queen of Scotland. When they by the authority of their Commission could not promise it, one or two of either part are sent for unto London; unto whom Queen ELIZABETH declared: That she could not yet clear the subjects from fault against their Princess; yet that she would entreat her for them, and hear if they had any thing else to say for their excuse. Murrey who followed them, in plain terms refused to accuse his sister, but upon the condition he had spoken of at York. Then were the Commissioners called back, and put out of Commission, the Duke being glad at his heart, who had always favoured the Queen of Scotland's right in the matter of succession, and thought that all this doing was nothing, but to brand her with the mark of eternal infamy, and thereupon to exclude her as an unworthy person with her little son, of all her right of succession in England. And he thought he had thereby escaped two perils; for he feared, if he had pronounced against her, he should do against his conscience, and undo her for ever; and if he spoke for her, lest he should incur the implacable indignation of the Queen, and the hate of all them that loved her not for religion's sake. But whereas at that time the affairs of Scotland were much troubled by the friends of the expulsed Queen, and the presence of Murrey was needful there; he began his accusation before the Queen, Bacon Keeper of the great seal, the Duke of Norfolk, the Earls of Arundel, Sussex and Leicester, Clinton, Lord admiral, William Cecil, and Ralph Sadleir Commissioners appointed by new Letters Patents; and produced Articles standing upon conjectures, the testimonies of some men, and the decrees made in the parliament, but especially certain amatory Epistles and Verses written (as he said) with the Queen's hand, to prove her privy to the death of her husband, and Buchanans' book (called the Detection) he gave them to read, which was of small credit with the greater part of the Commissioners, because he was one of that side, and won by money to write. But as for the Epistles and Verses (which wanted names, subscriptions, and notation of the time; since that, there be every where many forgers which can so cunningly imitate and counterfeit other men's hands, that hardly the true can be known from the false) Queen ELIZABETH gave small credit, though there was womanly privy hatred (which carrieth away that sex fare from the right) between them, and she was well content that some blot of reproach by this accusation was left, and remained on the Queen of Scotland. But when her Commissioners heard that she was contumeliously accused by Murrey, they were most ready to answer; but she (being secretly instructed by many English Lawyers, that it was lawful so to do; forasmuch as the former authority and Commission given to the Duke and others was abrogated) had already taken away their Commission: and she in plain terms, refused the new English Commissioners; of whom one or two she thought to wish her no good, but rather ill; except the French and Spanish ambassadors might be added unto them, and she herself might be publicly admitted to defend her innocence before the Queen, and Murrey detained and brought to trial, whom she affirmed might be proved to be the contriver of the murder of DARLY. Which things, when Norfolk, Arundel; Sussex, Leicester, and Clinton, thought not to be unjust; Queen Elizabeth somewhat angry, said openly, that the Scottish woman should never want an advocate, as long as Norfolk lived; and thought it enough to impart the crimes objected by Murrey, unto every one of the privy council, and also unto the Earls of Northumberland, Westmoreland, Shrewsburie, Worcester, Huntingdon and Warwick, called together with an oath of secrecy, lest they should prejudice either party. And when Murrey was called home, and Boyde (as it was commonly reported) plotted to steal away the Queen of Scotland out of prison, the matter was put off unto another time; Queen ELIZABETH from her heart hating the insolency of the Scots, in depriving of their Queen. Murrey a little before his departure, had craftily proposed unto Norfolk, the marriage with the Queen of Scotland, and also secretly by Meluin to the Queen a hope to be restored into her kingdom (as we shall declare anon) and at the same time to draw the love of Queen ELIZABETH from the Queen of Scotland, he had spread rumours that she had transposed her right unto England unto the Duke of Anjeou, and that the transcription was confirmed at Rome; and shown also letters (whether true or forged I will not say) which the Queen of Scotland had written unto her friends, in which she both charged Queen ELIZABETH as though she had not used her according to her promise, and bragged of hope of aid from some other persons. This put Queen ELIZABETH in great fear, yet could not she conjecture from whence this new hope should arise, the civil war increasing so in France, that the Bishop of Rhedon was sent unto her by the King, to request her not to intermeddle with the affairs in France, and the Duke of Alba who was come the last year into the Netherlands to profligate the Protestants Religion, had very troublesome business come upon him. But, as it came to light afterward, Robert Ridolphus a Florentine, who had lived long at London, as a Merchant Factor, was suborned by Pope Pius Quintus (who durst not send a Nuntio openly) to stir secretly the Papists in England against Queen ELIZABETH, which he did both diligently and secretly. A small suspicion was also grown out of the secret conferences at York, between Lidington, the Bishop of Rosse, and Norfolk, whom they besought to join his advice and care to help the most distressed Queen, offering unto him also her in marriage, which he, as a thing full of danger, rejected, with a modest answer: yet he promised not to abandon the distressed Queen, in as much as was lawful for an honourable man to do, saving his allegiance to his Queen and country. Ligon the servant of Norfolk, a great Papist, much increased the suspicion, by his often going to Bolton (the Lord Scroope's Castle) where the Queen of Scotland was kept by Francis Knolls, under the pretence of visiting Scroope's wife, who was sister unto Norfolk. Although no certainty was of this, yet for more surety, the Queen of Scotland was conveied from Bolton, where all the bordering neighbours were Papists, farther into the realm, unto Tutburie, and delivered unto the custody of George Earl of Shrewsburie. Anno 1569. NOw Murrey, who had made himself a secure way to return into Scotland, by the hope made to the Queen of Scotland of her restitution, and to Norfolk, and to others in England (for she had repressed the Scots that lay in wait to kill him, and charged them not to impeach his return) As soon as he came unto Edinburgh, he called the Noblemen friends to the Queen, under the colour to consult with them about her restitution. And when Hamilton Duke of Chasteauleroy, appointed Lieutenant by the Queen, and Herris persuaded by the letters of the Queen, too much credulous, came thither first, Murrey fearing some traps, circumvented them; and staying for no more, put them in prison, and forthwith annoyed and vexed the friends of the Queen with fire and sword. Hereupon were rumours spread in all places of England against Murrey, namely, that he had made a pact with Queen ELIZABETH that the young King of Scotland should be delivered unto Queen ELIZABETH, to be brought up in England: That the Castles of Edinburgh and Sterling should be furnished with Garrisons of English men: That Dunbritton should be won for the benefit of the English: That Murrey should be proclaimed successor unto the realm of Scotland, if the King died without issue, and should hold the kingdom of Queen ELIZABETH, by fealty and homage. These reports increased, and with a certain probability did so possess men's minds thorough all Brittany, that Queen ELIZABETH thought good, for the conservation of her own credit, and for the good of Murrey, to wipe away these blots. Therefore in a writing printed, she declared in the word of a Prince, that these reports were most untrue, and devised by them who envied the tranquillity of both the kingdoms; and that there had been no pact either by word or writing between her or her Agents and Murrey, since he came last into England, that she knew of; but that the Earl of Lennox Grandfather of the young King had requested, that the King if he could not be safe in Scotland from the plots of wicked men, might be sent into England. Moreover, she affirmed, that whatsoever is said of the paction between Murrey and the Earl of Hertford, namely, that they would give mutual help the one to the other, to get the crowns of both the kingdoms, to be utterly false and untrue. Lastly, that she was not the cause why the transaction between the Queen of Scotland and her little son was not concluded; and that she will labour all that she may, that it may be effected. And indeed she did her best endeavour, though she was tossed on the one side with fear out of the inveterate emulation, which doth never die between women Princesses; and on the other side, with compassion remembering oftentimes the frailty of mankind. The Queen of Scotland kindled more this compassion and minished the fear with her often and loving letters; in which she solemnly promised, both for the courtesy which she had found at her hands, and also for the near blood of kindred which was between them; that she would attempt nothing against her, and that she would not be beholding to any other Prince for her restitution, but only unto her. Insomuch that Queen ELIZABETH dealt earnestly with Murrey, by Wood his secretary, and with other Scots about the restoring of her unto her former dignity and estate, and if that could not be granted, then that she might be joined with her son; and if that could not be granted neither, yet that she might live a private life at home among her friends, freely, securely, and honourably. But she could not stir or move Murrey (who had all the government in his hand) to yield a jot. About the same time, a still rumour went up and down amongst men of the better sort, that the Duke of Norfolk would marry the Queen of Scotland, which was a thing well taken of many, but in sundry manners, according as men wished. For the Papists hereby hoped to have some good for their religion; and others hoped some profit would arise thereby unto the commonwealth. But many men, who saw the Queen was not minded to marry, and that foreign Princes, enemies unto England, did cast their eyes upon the Queen of Scotland, as the most certain heir of England, thought it would be a better way to establish quietness, and to contain the Queen of Scotland within bounds; that she were married to the Duke of Norfolk, the greatest and most honourable man of England, and a man in the love of the people, and bred up in the Religion of the Protestants, rather than to a foreign Prince, who might bring both the kingdoms into danger by her means, and also come so to inherit both the kingdoms, which they hearty 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 he being the true heir of England, being brought up amongst the English, might be better loved of the English men. And thus all the scruples about the succession might be taken away, Queen ELIZABETH should have no cause to fear the Duke, and the Queen of Scotland; when she had the King in her hands. Moreover, that the Duke should attempt nothing against him, but love him more dear; They determined to espouse Margaret the Duke's only and little daughter unto him, to be married together when they came to riper years. Amongst these were the Earls of Arundel, Northumberland, Westmoreland, Sussex, Pembroke, and Southampton,, and very many Barons, yea, and Leicester himself, whether in policy, and to work the Duke's destruction, it is uncertain: yet all these thought it good to acquaint the Queen with the matter, and to leave the decision thereof to her pleasure, and that she should prescribe the conditions for the full security and safety of her own person, Religion and the realm. But now take the matter briefly if you please, from the very beginning out of the written confession of the Duke, which I have seen, and the memorial of the Bishop of Rosse, who was the greatest dealer in this business. When the Commissioners met at York the last year, Lidington and the Bishop of Rosse to win his favour, talked with the Duke of a marriage to be made bebetweene him and the Queen of Scotland: and so did Murrey himself with the Duke at Hampton Court, who in private talk with the Duke, and also with many others, feigned that he wished nothing more, than that matters in Scotland being set in good order, the Queen of Scotland his dearest sister, might be restored unto her former dignity and estate, so that only she would sincerely and unfeignedly receive into her former favour and grace her subjects, and that all the remembrances of all offences might be quite forgotten. Yet he feared, if she married a husband out of her own choice, from France, Spain, or Austria, that she would revenge the injuries she had received, change the Religion received in Scotland, and procure great danger unto Engl●●d. To prevent these things, he promised to bestow all his labour, that where she who had first married a boy, than a rash and heady young man, and lastly too a madbrain (those were his very words) might now be married to the Duke, a man of discretion; which thing might turn unto the tranquillity of both the realms, the security of both the Princes, and especially to the establishing of Religion, since he (such was his respect unto the Queen of England) might more prosperously contain Scotland in the amity of the English, and might with the more ease draw the Queen of Scotland unto the true Religion which he professed. With these same things Murrey also secretly acquainted the Queen 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 marriage, before that she did clear herself of the crimes objected against her; yet Rosse as diligently as he could, ceased not to draw him to it, being unwilling. A few days after, Nicholas Throgmorton met the Duke in the Court at Westminister, unto whom he profesled and offered his service very kindly, and signified that Leicester would talk with the Duke, about the marriage between him and the Queen of Scotland, which Throgmorton said, seemed strange to him, since Leicester himself sued for the same marriage not long since. But he willed the Duke in friendship, if it were so, that he should give the honour of that marriage unto Leicester, who had been before time a suitor therein. But if he stood stiffly in it, to deny and refuse it, because that the Scots did charge her with very many heinous crimes. But yet, said Throgmorton, I wish from my heart, that she were married unto you, as well for the good of Religion, as also that she may not depend of any other but on our Queen. Yet this I forewarn you, if you do any thing in this matter, let Leicester guide you by advice; for you of yourself shall hardly get the Queen's consent. A day or two after, Leicester moved the matter to the Duke, who answered just even as Throgmorton sorewarned him; and when he came to speak of the crimes, Leicester extenuated the same, and called Richard Candish witness, whose service (though suspected) he commended unto the Duke. Then Leicester told Pembroke of the matter, and the Duke told Arundel; and they together with Throgmorton in their letters commended unto the Queen of Scotland, the Duke as a fit husband (which Murrey had done also before:) The Duke also wrote and signified his love, and offered his service in very loving words. From that time he imparted unto them all the letters he wrote unto her, or received from her; and they talked oftentimes with Rosse about the manner of concluding it. And by Richard Candish they propounded in the year one thousand five hundred threescore and eight, unto the Queen of Scotland these Articles written with Leicester's hand: viz. That she attempt nothing to the hurt of the Queen of 1 England and her children in the succession of the kingdom of England. She should make a league defensive and offensive between 2 the two realms. She should establish the Religion of the Protestants in 3 Scotland. She should receive into her favour the Scots which 4 were now her adversaries. She should revoke the assignation of the kingdom of 5 England made unto the Duke of Anjeou. She should marry some English Nobleman, namely, the 6 Noble Prince Thomas Duke of Norfolk. If she gave her consent unto these Articles, they promised to procure the Queen of England's assent, and that she should be shortly restored unto her realm, and also be confirmed in the succession of England. She readily admitted them all, but only that she could say nothing unto the league, before the French King was certified thereof. She protested that there was no assignation made unto the Duke of Anjeou; yet she would procure him to make a release and renuntiation (if they stood upon it.) And willed them above all things, to get the consent of the Queen of England, lest some hurt did come unto her and the Duke for want thereof, which she had experimented in the marriage with DARLY without her consent. Yet they thought best to try first the minds of more Noblemen; of whom most gave their consent, with this clause, So that the Queen was not against it. Neither did the Kings of France and Spain dislike it, only they feared Murrey, lest he that had first broached the matter, and promised to further it all that he could, should first hinder it. Yet they agreed on this, that Lidington who was then expected, should be the first to try the mind of Queen ELIZABETH. In the mean time the Duke imparted to the Lord Lumley whatsoever had been done in this business, and with much ado obtained of Leicester to ask the advice of some other friends. Yet a while after, he opened the matter by the consent of Pembroke unto Cecil also. About which time, Leonard Dacres devised and compassed to steal secretly away the Queen of Scotland out of prison at Whinfield, where she was kept by the Earl of Shrewsburie Northumberland being privy unto this device, signified it unto the Duke, who forbade them to do it; for he feared they would have delivered her to be married unto the King of Spain, and hoped to obtain the consent of Queen ELIZABETH, ●re it was long. But the rumour of this marriage came more plainly to the Queen's ear, by the Ladies and women of the Court, who smell out cunningly and quickly these love matters. Which when the Duke understood to be true, he dealt very earnestly with Leicester, both by Throgmorton and by Pembroke, to open the matter speedily unto the Queen: he made delays, and lingered, as it were, to stay for a fit time to speak. But Cecil willed the Duke (who was now full of care) to open all the matter to the Queen himself, whereby all scruple might be speedily taken away from the Queen and from himself also. Leicester was against it, and promised to open the matter to the Queen in the progress. But in the time that he put it off with smooth words, from one day unto another, the Queen being at Farneham, set the Duke at her table, and bitingly willed him to take ●eed on what Pillow he laid his head. Then at Titchfield Leicester was somewhat sick, or else feigned so to be: and unto the Queen that came to see him, and cheered him comfortably, and perceiving his spirit and blood to be drawn inward for fear, with sighs, and ask pardon of his fault, he opened the whole matter from the beginning. At which time the Queen called the Duke unto her in a gallery, and chid him very much, that without her privity he had sued unto ●he Queen of Scotland in the way of marriage; and commanded him upon his allegiance, to cease from further meddling therein. He promised so to do willingly and gladly, and doubted not to say (as though he cared not a whit for her) that his revenues in England, were little less than those of the kingdom of Scotland, at this time lamentably impoverished by the wars; and also when he was in his Tennis-court at Norwich, he seemed to himself to be equal, after a sort, unto many Kings. But from that time, he began to be more dejected in mind, and when he saw the Queen to look and speak to him more sternly, and Leicester in a manner estranged, and most of the Noblemen to steal away out of his company, scarce saluting or speaking to him, hasted unto London without taking any leave, and went in to Pembroke, who bade him be of good cheer, and comforted him very much. And on that same very day Queen ELIZABETH rejected with show of displeasure the Scottish ambassador, entreating her very much to deliver the Queen captive, and bade that she should behave herself quietly, lest shortly she saw them on whom she chief relied to hop headless. And now when the rumour of the marriage was hotter every day than other, and the French ambassador exceedingly urged her delivery (more by the persuasion of some English men, than by the commandment of the French King, as it was after known:) new suspicions from every place were laid hold on: and Cecil who applied all his care for the good of the republic and Religion, was very diligent to find the depth of the matter; and therefore wrote unto Sussex Lord precedent of the North, who was a familiar friend, and near allied in blood unto the Duke, to certify the Queen what he knew of the Duke's marriage. But his answer is unknown unto me. And where it had been observed, that the Duke had many secret conferences with Murrey Regent of Scotland at Hampton Court; George Cary son to the Lord Hunsdon was sent secretly unto Murrey, to learn of him if the Duke had imparted unto him any thing about this marriage. The Duke in the mean while, terrified with a false rumour spread, that there was a commotion raised in the North, and being certified by Leicester, that he should be put in prison, went out of the way into Norfolk, whiles his friends in the Court (who had promised so much) might avert & turn aside the storm that hung over his head, & he himself might mitigate the Queen's displeasure by his humble letters. But there were men set about him to mark and note all his actions. When he found no comfort among his friends, and Heydon, Cornwallis, and other worshipful Gentlemen of those parts, persuaded him, if he were guilty of any offence toward the Queen, to fly unto her mercy; he wavered, and was tormented with diversity of cares. In this while was the Court in quandary, suspicious and fearful that he would break out into rebellion; and they say, it was determined to kill the Queen of Scotland presently if he did so. But he, out of his inbred good nature, and out of his conscience, that he had not offended against any Law made treason (for that act of marrying the King's sisters, or brothers, or aunts children, without the King's knowledge, made treason by Henry the eighth, was repealed by King Edward the sixth) and also for fear lest the Queen of Scotland out of suspicion should be used more hardly and extremely, he sent letters unto his friends in the Court, and told them, that he stepped aside unto his house, that in time, and by his absence, he might procure a remedy against malicious rumours, which are at all times entertained with open ears in the Court, and asked pardon most humbly for his offence, and forthwith took his journey toward the Court. As he returned, at Saint Alban, Owen a gentleman belonging to the Earl of Arundel, sent secretly by Throgmorton and Lumley, who were committed, willed him to take all the fault upon himself, and not to lay it upon Leicester and others, lest he should make his friends his enemies. There Edward Fitz-Gerard brother unto the Earl of Kildare (Lieutenant of the Pensioners) met and received him, and conveyed him unto Burnham three miles from Windsor (where the Queen then lay.) Four days after, the Abbot of Dunfermelling delivered the letters of Murrey, Regent of Scotland, unto the Queen; in which he shown her, that the Duke dealt with him secretly at Hampton Court, to favour his marriage with the Queen of Scotland; and that if he would not, he threatened him exceedingly, and that he promised to favour it, that he might prevent and avoid the await & ambuscado laid by one Norton to kill him; from whom and others, the Duke gave his word he should return without danger. And that shortly after, the Duke requested him by his letters written in cyphers, to give his consent unto the marriage. Moreover, that the Duke did signify unto him by Boyd, that he would never forsake and abandon the Queen of Scotland; and further, that the agents of the same Queen had almost persuaded the R●gent that Queen ELIZABETH had consented to the marriage; and also that she had offered to her the hope of the kingdom of England. And Queen ELIZABETH also found out, that she had signified unto certain Noblemen of England, to win them unto her side; that she went about that business, which would be very necessary for the most certain security of the Queen of England, and the like safety for both the kingdoms. The Duke, who had secret and wary commerce of letters (which were sent privily in Ale-bottles) with the Bishop of Rosse, Leicester and Throgmorton was about this time examined about this marriage with the Queen of Scotland, and his secret conferences with the Bishop of Rosse, and confessed most things, was sent to the Tower of London, under the keeping of Sir Henry Nevil Knight, being bitterly reproved that he had departed from the Court without leave obtained, and charged as though he had intended to rebel. Two days after, the Bishop of Rosse was examined in like manner, and Robert Ridolph, the Gentleman of Florence, whom the Bishop of Rosse & others used familiarly, is delivered unto the custody of Francis Walsingham. The Earl of P●mbrooke is commanded to keep his house, and is privately examined; yet in regard of his nobility and old age, he had the favour, that his examination was not set down in writing. Which thing he required, because he could not write. Some Noblemen were forbidden the Court, as privy to these matters, who humbly confessed that they with the Duke agreed to the marriage, which Murrey had first propounded; yet so that the Duke, the Queen of Scotland and they, willed that the matter should be referred unto the Queen before the marriage was to be solemnised, and desired pardon for their offence. In like manner the Earls of Northumberland and Westmoreland, who were of this counsel, submitted themselves unto Sussex Lord precedent of the North, and besought him to make intercession unto the Queen for their pardon. Also sundry Pamphlets came out against this marriage, and against the Queen of Scotland, and the right by which she claimed to become heir unto England; wherein they shown their wits with such malapert sauciness, that the Queen thought once to have forbidden them by severe edict, and permitted the Bishop of Rosse (winking thereat) to make answer; who forthwith set forth a book under the name of Morgan Philips, against them, wherein he defended the honour of his Queen, her right to succeed, and the government 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 Anthony Browne chief justice in the common Place, and carrel an excellent good common Lawyer. Shortly after, befell the rebellion in the North, raised by the Earls of Northumberland and Westmoreland, with many other Gentlemen. Who when they understood for certain, that the Queen of Scotland (whom to set at liberty, they had principally taken arms) was carried away from Tutburie unto Coventrie, under the keeping of the Earls of Shrewsburie and Huntingdon; and also moved with the great preparation of the Queen, 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 Queen of Scotland might be delivered into his hands, and for that cause he both offered hostages, and also to restore unto them the Earls of Northumberland and Westmoreland; and brought to pass, that the Bishop of Rosse, as the kindler of the rebellion, was committed unto the custody of the Bishop of London. Then to purchase the good will of Queen ELIZABETH, in the month of Januarie he came with an army into the borders of Scotland towards England, to hunt out the English rebels, of whom he took a few, and those of small account; but at last he found the Earl of Northumberland lurking about Hartlawe, amongst the thiefs on the borders, discovered by his host (one of the Grayhams, who betrayed him) and sent him unto Lochlevin to be kept; and in this journey he annoyed and spoiled the borders exceedingly. But in the same month, after he had taken great pains, and thought himself in great security, he was shot from out of a privy place, thorough the body a little beneath the navel, with a Bullet, as he road thorough the streets of Lithquo, by one Hamilton, who escaped by and by into France, and lived certain years after, oftentimes protesting, that he did it to revenge himself of a private grudge against him, he not being able to endure patiently the injuries he offered unto him. For Murrey had banished the fellow, for that he had stood for the Queen, and imprisoned him, threatening now and then to hang him, until he resigned and gave away unto a servant o● Murrey, a littleground which came to him by his wife; whereupon his wife fell mad, and in a furious rage he broke prison, and committed the murder. Neither could the man after be persuaded in France (when he seemed to be a man fit for a desperate action) to attempt the same against the admiral Coligni; oftentimes saying, that he was the revenger of his own just grief, for which he was sorry; but he would not be the revenger of another man's, neither for gold nor request. Hereupon was there much talk of the Regent that was slain, thorough all Britain: The most wondering at vain matters, namely, the dream of his mother, of the Lion and the Dragon fight in her womb, after that King James the fifth had had his pleasure on her. Among the wiser sort, according to their partial affections, commended he was by some, for destroying the Roman Religion in Scotland, the conservation of the King a child, the equal administration of justice, and his munificence and liberality toward learned men, and B●chanan above the rest. On the other side, he was reproved by others, as though he took religion for a cloak, and enriched himself and his friends with the spoils of the Church, and how he was not only injurious, but also ungrateful unto his sister the Queen, that deserved well at his hands, and insulted over her womanly weakness. And these men out of their suspicions, and the lewd disposition of many bastards, did guess and conjecture, as though he would not have spared the son, having already deprived the mother of her crown. The Queen of Scotland herself was very sorry, that he was taken away by that sudden and violent death, before (as she said) he had purged his sins against God, his country and Princess, by hearty penitency. But all the English men that favoured the Duke of Norfolk, accused him (as fare as they durst) for a crafty and false deceiver. The Noblemen of Scotland who stood for the King (not admitting the Hamiltons and the rest, who had stood for the deprived Queen) being to meet for the ●lection of a new Regent, required the advice of Queen ELIZABETH. She answered, she would not meddle in the creation of a Regent, lest she should seem to prejudice the Queen of Scotland, whose cause was not yet decided and judged. But they chose Matthew Earl of Lenox, the King's Grandfather Regent, Queen ELIZABETH being not discontent with it, for she knew that he would be very loving unto his young Nephew out of natural affection, and kind unto the English men, in regard of the benefits he had received at their hands. And she did not doubt but he would be at her beck, since she had his wife in her hands. Whiles Queen ELIZABETH shown favour thus unto the King's side in Scotland; the King of Spain did not abandon the Queen captive; but by the means of Hamilton Rector of the Church of Dunbar, he sent secretly out of the Low-countries, great store of Armour and gunpowder, and seven great pieces of Ordnance, and some money unto Huntley the governor of the North part of Scotland for the Queen. In this while, he, the Duke of Chasteauleroy, and the Earl of Argile, Lieutenants of the Queen, by a common consent, and with the consent also of the Queen, sent George Lord Seton ambassador unto the Duke of Alba, who declared his message unto him in these words: That he was sent out of a kingdom deprived of public peace, and of a worthy Princess, through the treachery of disloyal subjects, and that the substance of his Embassage consisted on these points: That aid may be given unto them, whereby the Queen may be redeemed out of miserable captivity in a foreign land, and the realm delivered from the oppression of strangers: That the Scottish rebels might be forbidden to traffic in the dominions of the King of Spain: And that the 10000 Crowns assigned by him to the Queen of Scotland might be paid. The Duke of Alba answered; That he would be ready and willing to further this her cause, upon all occasions, unto the King of Spain, but that he could not prohibit the traffic of the Scottish rebels (because it was contrary to the liberty of the Low-Countries) and promised that he would disburse the money very shortly for her use. In the mean time the Lord Seton, the more to purchase the favour of the King of Spain and the Duke of Alba, went in disguised apparel unto the States, and drew many of the Scots that served them, unto a revolt, by fair words, good cheer, and such like enticements. And when he was at the point to be put to the torture, he hardly, and with great danger of his life, escaped unto the Duke of Alba, who promised to pay ten thousand soldiers for half a year, but in vain, because he could not send over the soldiers into Scotland, the wars were so hot in the Low-Countries. In the mean time, the Bishop of Rosse who had followed the business of the Queen with good discretion, and was committed unto the custody of the Bishop of London (because he had secretly kindled the rebellion in the North) being now delivered, brought to pass, that the French King, by his ambassador, to wit, Montluc, dealt very earnestly with Queen Elizabeth about the deliverance of the Queen of Scotland, who complained very much, that she was kept straighter in prison, and that also under the Earl of Huntingdon, her professed enemy and competitor (since he as openly made claim unto the right of the kingdom of England, as she did.) The same also was urged exceedingly by the King of Spain's ambassador, in his King's name. The Queen made answer (after she had rehearsed the crafty purposes and devices of sundry men for the delivery of the Queen of Scotland, who as she closely insinuated, was privy to the late rebellion) that it would be great inconsideration, and dangerous folly to let her go at liberty, who doth aspire so openly by such evil courses, unto the kingdom of England: That of necessity she was enforced to keep her straighter in prison, to send away many of her servants from her, whom she had drawn thither in great number, and to join the Earl of Huntingdon (in whom she did acknowledge no right unto the kingdom, but some kindred with her) unto the Earl of Shrewsburie, whom she had appointed to be her keeper, who long since began to suspect and distrust the fidelity of some of his servants, and had perceived many of them daily won to favour the Queen of Scotland, yet that the Earl of Huntingdon had been removed from her a good while since. moreover, she promised that she would omit nothing she can do, to make an end and a composition between the Queen and the Scots; and protested that she will not revenge the wrongs she hath received at her hands. But yet she hoped that the Kings of Spain and France, and the Queen of Scotland also, will give her leave to make provision for the tranquillity both of herself and her subjects; which nature, reason and her honour do claim at her hands. If any of them shall device any better and more evident means to avoid peril and danger, that she would with a good will hear and embrace the same. After these things, the privy council of England sat oftentimes, and consulted whether it was best that she were sent back unto her own subjects, or kept still in England, and what courses were best to be taken for the best preservation of the kingdom, the Queen and Religion. About which time Pope Pius Quintus, had caused his Bull or Sentence declaratory against Queen ELIZABETH (the pretenced Queen of England) and the heretics advering unto her (I use the very words thereof) wherein also all her subjects were declared to be absolved from their oath of fidelity, and all other duty, etc. And they that afterward obeyed her, were ex communicated, which was dated the five and twentieth day of February, in the year of our Lord, one thousand five hundred threescore and nine) to be fixed on the gates of the Palace of the Bishop of London, in the night. Hereupon suspicions increased, that some dangerous matter was in working. And forthwith another rebellion was about to break out in Norfolk, which was quenched in the beginning; some Gentlemen of Norfolk desiring to deliver the Duke (who was exceedingly loved of all men) had devised at Harleston fair, by sounding of a Trumpet, to gather a multitude, under the pretence to expulse strangers out of the land. john Felton, who had fixed the Pope's Bull on the Bishop of London's gate in the night, being apprehended (for he would not fly when he might) being arraigned, with a stout courage confessed the deed, which yet he would not acknowledge to be any offence, was executed near unto the place where he had fixed the same. The same day Felton was arraigned, the Duke of Norfolk confessing his offence, and showing great penitence, and having by his writing given his word not to deal any more about the marriage with the Queen of Scotland without the privity of Queen ELIZABETH, was brought back from the Tower of London, to the great joy of the people, remaining at his own house, under the keeping of Sir Henry Nevil. And indeed he could not be arraigned of treason by the Statute of 25. of Edward the third, as Cecil said, who desirous of the Duke's good, was earnest to have him marry another woman, whereby he might be less feared, and the public tranquillity conserved. Yet some there were that thought he was let out of purpose, that he might be thrust into some greater danger. And indeed more things came every 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 suspicions and conspiracies; for there conspired to deliver the Queen of Scotland out of prison Thomas and Edward Stanley, the younger sons of the Earl of Derby, by the daughter of Thomas Duke of Norfolk, Thomas Gerard, Rolston, Hall, and others in Derbyshire: But Rolstons son, who was one of the Pensioners, opened the conspiracy, and they were all cast into prison, but Hall, who escaped into the I'll of Man, and from thence unto Dunbritton, where being taken at the winning of the Castle, he was conveied unto London, and there executed as a Traitor. And the Bishop of Rosse himself lately delivered out of prison, was again delivered unto the custody of the Bishop of London, for that he had secret conference with the Earl of Southampton, a man wholly addicted to the Roman religion. Queen ELIZABETH (her mind being in great doubt of trouble, upon the publication of the Bull, and the insurrection intended in Norfolk) sent Cecil and Mildmay unto the Queen of Scotland, who then lay at Chattesworth in Derbyshire, to consult and device with her by what means the division in Scotland might in the best manner be compounded, she restored unto her former estate, and provision made for the security of Queen ELIZABETH, and the safety of her little son. She did nothing but deplore her most distressed estate, complain of the crafty policies of Murrey, excuse Norfolk, and put all her hope in the benignity of Queen ELIZABETH. They for the making and establishing of a sincere league of amity between the realms, propounded these Articles. 1 The treaty of Edinburgh should be confirmed: she should renounce her title and right to England during the life of Queen ELIZABETH. 2 She should not renew nor keep any league with any Prince against England. 3 She should not admit or receive any foreign soldiers into Scotland. 4 She should have no practice nor intelligence with any Irish or English men, without the Queen's knowledge. 5 She should restore the English fugitives and rebels. 6 She should make amends or recompense for the hurt done unto the English borderers. 7 She should inquire, according to the Law, for the murders both of Darly and Murrey. 8 She should deliver her son pledge into England. 9 She should not marry with any English man without the knowledge of the Queen of England, nor with any other against the wills of the States of Scotland. 10 The Scots should not pass over into Ireland without leave obtained out of England. 11 For the confirmation and assurance whereof, the Queen and the Commissioners to be appointed, should set to their hands and seals. 12 Six hostages, whom the Queen of England should name, should be sent into England. 13 If the Queen of Scotland attempted any thing against the Queen of England, by herself, 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 years. 15 Some fortress also in Galloway or Cantire should be delivered unto the English men, lest the Irish-Scots should infest Ireland from thence. 16 Lastly, the Estates of Scotland should confirm all and singular these things by the authority of parliament. To these propositions she out of her discretion did answer warily enough, upon the sudden; but she referred them for a fuller answer unto the Commissioners (sent by her Lieutenants in Scotland) who were the Bishop of Rosse, her Embasladour in England, Alexander Gordon Bishop of Galloway, uncle unto the Earl of Huntley, and William Lord Levingston, who afterward admitted some of these Articles, and rejected others. They answered, That the treaty of Edinburgh should be confirmed, the title renounced during the life of Queen ELIZABETH: That they must consider of the ancient league with France, which if they did not keep, the Queen should lose her dowry; the Scottish Nation, of the which one hundred men at arms on horseback, and one hundred four and twenty Archers are maintained in the Guard, Merchants, Students, many that possess land by inheritance, and that have spiritual liuings, should be put out, and lose their pensions, immunities and privileges which they enjoy, being very great, and Scotland should be deprived of the amity and aid of a most mighty Nation. Which things, except the English men did liberally and bountifully recompense, they cannot renounce and forsake the French league by any means: That they will not admit any foreign soldiers, except in case of such a rebellion that cannot be suppressed by soldiers of their own country: That the Queen of Scotland shall have no intelligence with the subjects of England, so that the Queen of England in like manner shall have none with the subjects of Scotland, to the hurt of Scotland: If there be any English rebels or fugitives, 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 laws of Scotland: That they cannot deliver the King for hostage, who is in the hands of them, that use the King's name as a colour for their rebellion against the queen: That it is strange, and a thing not heard of at any time, that a free Princess should be prescribed in her marriage by a foreign Prince, and her own subjects: That the Scots shall not be sent over into Ireland, if reciprocally the Irish men be tied with the same condition, not to pass over into Scotland. For the more firm assurance of these things, they consented to give hostages whomsoever the Queen of England would name, except the Duke of Chasteauleroy, the Earl of Huntley, Argile and Athol. Moreover, they consented, that the Queen of Scotland should be excluded from all her right of succession in England, if she attempted any thing against the right of the Queen of England; so that the Queen of England might again b●e tied in some equal penalty also, if she attempted any thing against the Queen of Scotland. Concerning the Castles of Hume and Fast Castle, they requested that they may be restored unto the Lord Hume, the true Lord and proprietary of them, and that the English men would detain them no longer from him: And that to deliver Fortresses in Galloway or Cantire unto foreigners, was no other thing, than to give a new occasion of war. When they could not agree upon these Articles, and the Commissioners came not from the Regent of Scotland, and in the mean time it was reported and bruited, that aid was earnestly requested by her friends of the Pope, the King of France, and the Duke of Alba, for the deliverance and freeing of the Queen of Scotland, and the English rebels, as Westmoreland, the Countess of Northumberland, and the rest, were conveied secretly out of Scotland, nothing came of this treaty: but yet The Bishop of Rosse sent the Articles of this treaty unto the Pope, and the Kings of France and Spain, and insinuated unto them, that the Queen of Scotland must of necessity yield unto them, unless they holp her both with advice and other aid very shortly, which he did most importunately request at their hands, but in vain: for all they were earnestly busied with other matters. Anno 1571. A Little before this time, Ridolphus the Florentine, before named (who had used much merchandise and traffic at London fifteen years) sent very secretly the Letters of the Pope unto the Queen of Scotland; in the which he promised his care and study to the utmost of his goods and labour, to advance the Catholic Religion and her; and required her to show favour, and give credit unto Ridolphus in all things; and also that he may understand by him, who now determined to return into Italy, by what means he may do any good, and give any relief unto the Catholic Religion, and remedy unto the common mischiefs in England and Scotland. Ridolphus also in his own private letters requested the Queen to impart these things unto the Duke of Norfolk, and her friends, and that she would commend him unto them. But she delayed her answer (though the Kings of France and Spain, and the Duke of Alba, wrote to the same effect) until she saw unto what end the treaty already begun, would come. For there was come, as from the King of Scotland, to talk of the Scottish affairs, the Earl of Mourton, Petcarne Abbot of Dunfermelling, and james Mac-Gill, who unto Queen ELIZABETH (commanding them to lay down evidently the causes of their depriving the Queen of Scotland, and to prove them to be just) shown a tedious and long instruction or memorial, wherein with a most insolent liberty and bitterness of speech, they endeavoured to prove the people of Scotland to be superior and above their Kings, by the ancient privileges of the kingdom of Scotland, by old forgotten and also late examples, collected from all places; yea, and by the authority of Calvin they also endeavoured to prove, that the popular Magistrates are appointed and made to moderate and keep in order the excess and unruliness of Kings; and that it is lawful for them to put the Kings that be evil and wicke● into prison, and also to deprive them of their kingdoms. But they spoke much of their lenity used toward their deprived Queen, because they suffered her to set her son in her place, and to appoint governors unto him. That it proceeded out of the mercy of the people, and not for her innocence, that they suffered her to live: and many other things which turbulent wits do malapertly device and invent against the royal majesty of Kings. This memorial Queen ELIZABETH read, but not without indignation; and as a libel written in the slander and reproach of Kings, condemned it, though she said nothing: but unto the Commissioners she answered, that as yet she did not see a just cause of their abusing and vexing the Queen in that manner; and therefore her will was, that they should take some speedy course for the quenching the division and discord in Scotland. Hereupon, at the house of Bacon Keeper of the great seal, it was proposed unto the Bishop of Rosse, the Bishop of Galloway, and the Lord Levingston, Commissioners for the Queen of Scotland; That for to give security unto the kingdom and Queen of England, and unto the Noblemen that took the King's part, the Duke of Chasteauleroy, the Earls of Huntley and Argile, the Lords Hume and Herris, and another Lord should be given for hostages; and the Castles of Dunbritton and Hume delivered unto the hands of the English men for three years: They answered, it was not to be doubted, but the Queen of Scotland, who of her free will committed herself to the protection of the Queen of England, would also most willingly give her satisfaction in all things which might conveniently be done; but to deliver such great men, and such Fortresses, was no other thing, but to spoil and deprive the distressed Queen of the succour and strength of all her most faithful friends, and of most strong places. But they offered two Earls, of whom one should be one of the three named, and two Lords, to be hostages for two years; but that the Holds and Castles by the league could not be delivered unto the English men, except others in like manner were delivered unto the French men. But (said Bacon) all the realm of Scotland, the Prince, the noblemans and Castles, are not all sufficient to give security unto the Queen, and the most flourishing realm of England; and therefore the Queen of Scotland was not to be let go upon any security the Scots could propose. Hereupon they immediately gathered, and said openly, that now at length they plainly understood, that the English were resolved fully to keep the Queen prisoner for ever in England; and withal, to break off the treaty, since they exacted so earnestly such security, as Scotland could not by any means perform; yet the other councillors of England protested, that they earnestly desired the deliverance of the Queen of Scotland, so that sufficient security were given. And to that purpose, they also talked with Mourton and his associates hereof, and of delivering the King into England, who in plain terms answered, that they had no commission to treat or deal either to receive home the Queen into Scotland, or to deliver the King into England. But the Commissioners of the Queen of Scotland rejected this speech as a frivolous excuse: For certainly they that had authority to deprive the Queen, had also authority enough to restore and set her at liberty: neither needed they to look for any authority from the rest of the Conspirators, since that their wicked fact had made them equals (facinus quos inquinat, aequat.) As for the Prince he could not, being but five years old, give them authority; and as for the Regent, he had committed all the matter to Queen ELIZABETH, and to her pleasure. Therefore they besought the Commissioners of England, that these men might be compelled to consult thereof, or else the matter ended, and compounded upon equal conditions, without these men. But Queen ELIZABETH, when she saw nothing could be done to give herself, the King, and the realm security, except both the factions agreed together; she thought it fitting that the Estates of Scotland which were shortly to assemble, did elect and choose out men who should endeavour to make a composition. Hereupon Rosse and his associates openly complained, that many of the Queen of England's councillors did abuse the prudence of the Queen of England, and the patience of the Queen of Scotland, and to have deluded foreign Princes with their subtle policies, and brought the Scots in a vain hope, to their great hurt. And indeed the Queen of Scotland stomacking and complaining of the same, and weary of these delays, called away the Bishop of Galloway and Levingston, and commanded Rosse (whom the Queen of England had commanded to departed from London) to stay at London, by the right of an ambassador (which made a suspicion to grow) and appointed her friends in Scotland to take arms, and not trust any longer unto the truces which had been hurtful unto them. For in the time wh●n these things were done in England, they had sustained great losses, many had been put to execution, more slain, and Dunbritton the strongest Fort in Scotland taken, and james Hamilton Archbishop of Saint Andrew's, brother to the Duke of Chasteauleroy, as privy to the murder of the King, not so much as arraigned or tried, was hanged, by the accusation of a Priest, who affirmed, that he had heard it in confession by one of the Regicides. When now the captive Queen had no hope left, and was in great grief, and all her servants but ten, and a Priest to say mass, were sent away, and all her hope to obtain her liberty was gone, she could not refrain, but did open that which she had long concealed in her mind. She therefore sent secretly unto the Duke of Norfolk, a long commentary of her purposes, which she had written before time, and certain love-letters in a private Character known to them two, and other letters to be carried to the Pope, and the King of Spain, by Ridolphus, whom she commended as one very careful of her good: and her very friend Higford the Duke's secretary, who wrote out this commentary and letters, in an usual hand and letter, was commanded to burn it, but he hide it under the Matt in the Duke's chamber, and that of purpose, as it seemed. This Ridolph, once to the Duke himself, and more times by Barker, reasoned thus: That he had observed, that there were many Noblemen and Commons in England, that desired an innovation; and those were of three sorts: Some that had been in credit in the time of Queen Mary's reign, & now were not accounted of: Others, that were addicted to the Popish Religion, and grudged inwardly that they might not use it freely: And others that were not content with their estate, and hoped for better. These were ready, but wanted some Nobleman to be their captain or Leader, and foreign aid. There could not be a fit man for captain, and more noble than the Duke, who had the love of the realm: And he had great reason to revenge the wrongs done unto him, by his long detention in prison; and now to his reproach, not called unto the parliament, in which he had a place and voice, as the chiefest Nobleman, and Earl Martial of England. And to persuade him the more effectually, he shown him a roll of the Noblemen, who had vowed to spend their lives and goods for him, if he would attempt it. As for foreign aid, he assured him that the Pope (so that the Romish Religion might be advanced) would defray all the charges of the war, who had already laid in bank a great sum of money the last year when the Bull was published; of the which money Ridolph himself had distributed a great part among the English fugitives. He promised that the King of Spain, irritated by the injuries of the English men, would send to help them four thousand horse, and six thousand foot, which might be sent over and landed at Harwich, a Port in Essex (whereabouts the Duke had many tenants and Gentlemen holding of him) most fitly and without suspicion, in the beginning of Summer, when the Duke of Medina Caeli was to come with a good navy into the Low-Countries. Lastly, he concluded, that such a moderation might be used, that all suspicion of treason in the Duke might be taken away, and provision made for the safety of the Queen of England, if only she would embrace or tolerate the Romish Religion, and consent to the marriage of the Queen of Scotland with the Duke. The Duke gave ear to these things as likely, but yet refused to subscribe unto the letters of credit (as they call them) which Ridolph, being ready to departed, showed unto him. Neither would he hear the advice of Rosse, which he had long studied, and put into his head by Barker; namely, that the Duke with a selected company of Noblemen, to take the Queen suddenly, and to disturb the parliament, and by this means the marriage with the Queen of Scotland might be finished, and the Romish Religion set in better state in England, without any great stir, and without any foreign aid: Which might easily be done, having so many Noblemen ready and prompt to enter into this action, as could not be assembled again in one place without suspicion. And just cause there was, for that the Duke was kept long in prison against the laws of the realm, and not admitted into the parliament; and also for that more rigorous laws were devised against the Papists. And to do this he brought in the example of Castrutio in Italy, and others, who by sudden actions had prosperously effected great matters; and how five Noblemen in Scotland, very lately, had disturbed the parliament wherein Murrey was to be attainted, and gotten the Queen into their hands. This advice the Duke (who was out of his inbred good nature fare from any villainy) detested and disliked, as pernicious and dangerous. But about the same time, Henry Percy offered his service unto Rosse, for to deliver the Queen of Scotland out of prison; so that Grange and car of Ferniherst would receive her at the borders of Scotland, and his brother the Earl of Northumberland might be delivered out of Scotland. But when his credit was suspected, because of his private familiarity with Burghley, and also he delayed the matter very long, that plot came to nothing: (For the which, upon his submission he was notwithstanding fined in the Star-chamber at five thousand marks, which nevertheless the Queen pardoned.) As also the plot of powel of Sandford, one of the Pensioners, and of Owen, a Gentleman belonging to the Earl of Arundel, who intended to adventure upon the same action, but that Rosse did inhibit and hinder them, as not able to perform so great an attempt, since they were not men of that ability and means. Yet did many English men hasten the marriage between the Queen of Scotland and the Duke of Norfolk as much as they could; for they had by their persuasions brought him to think of the marriage with her again, contrary to the promise he had made, which was first found out by these means. Ridolph the Florentine (whom we have spoken of) being sent over Sea into foreign Countries, to deal in the Queen of Scotland's business, had acquainted Charles bailiff a Fleming, servant to the Queen of Scotland, with all his speeches with the Duke of Alva, and had delivered unto him letters in cyphers unto her, the Spanish ambassador, Norfolk, Rosse, and the Lord Lumley, all put in one Packet, which bailiff brought over with him, though Rosse had bidden him to leave them with the captain of Calais to be sent over. But as soon as he arrived in Dover haven, he 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 Duke's counsel) that that Packet was delivered unto him, and another with other old letters wrapped up, was delivered unto the privy councillors: And this was also signified unto bailiff. Yet he being upon the rack, 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 secretary, and laid aside his cyphers and privy Characters, with other things which might bring trouble, at his friends houses; so that when Sussex, Burgh●ey, Mildmay and Sadleir, searched his house most narrowly, they found nothing, nor could wring nothing out of him with interrogations; who stood upon it still, that an ambassador was not to be compelled to yield reasons and make answers to any but his own Prince. Yet on the next day Rosse was delivered to the Bishop of Ely to keep, and shortly after he was sent into the I'll of Ely. Also Sir Thomas Stanley, Sir Thomas Gerard Knights, and Rolston (of whom I have spoken) were sent to the Tower of London. And Henry Howard (who had sued to the Archbishop of York) upon suspicion, was committed to the keeping of the Archbishop of Canterbury. About the same time, the Queen of Scotland had sent a certain sum of money unto the French ambassador, for her friends in Scotland; he delivered it unto Barker and Higford, who acquainting the Duke with the matter, delivered it to one Browne a Citizen of Shrewsburie, a retainer of the Dukes, to be carried by Banister and Lander into Scotland, unto the Lord Herris. Browne being suspicious, when he perceived by the weight, that they had delivered the money in gold, and not in silver; he delivered it and the letters to the privy councillors. Herein the wiser sort did observe, that this was the first time that the Duke did commit treason, in that he had given aid unto Herris and the Scots, proclaimed enemies, who had depopulated the English borders. Hereupon Higford was cast into p●ison, who forthwith did voluntarily confess all the matter concerning the money; and withal he told them in what places he had hidden the letters, cyphers and the commentary of the Queen of Scotland (I mentioned) under the Matt, and in the tiles. The Queen of Scotland discoursed in this commentary these things at large. The French King allowed the conference appointed with the Scots, and that they proposed the marriage of Anjeou with Queen ELIZABETH, for no other purpose, but that they might with the better colour deny their aid promised to restore her: That they secretly sought to hinder her marriage with Don John d'Austria, and that they favoured exceedingly the marriage with Norfolk (upon malice to the Spaniard:) That the Duke of Alba did disallow the purpose of sending back the Queen of Scotland into Scotland, so much that he thought thereby would be wrought not only the utter destruction of the Queen, but also of the Romish Religion in all Britain; because that the Queen returned into Scotland should be in danger of siege, or else of necessity put to the adventure of a battle with the Rebels, who may easily get her into their hands, by the help of the English men, before foreign aid could come to help her. Therefore since she cannot be in safety in Scotland, and no hope of help was likely to be out of France, turmoiled with civil wars, the most convenient course seemed for her, to resort for succour unto the King of Spain, who had offered to marry her unto Don John d'Austria, which yet she would refuse, upon condition that the Romish Religion might be restored in Britain, by Norfolk. And also that her son might speedily be conveyed out of Scotland, and sent into Spain; for so he might be kept in safety, instructed in his tender years in the Romish Religion, and withal, all pretext taken from the Scots, who use his authority and name to countenance their rebellion. For the working of these things, and the procuring of foreign aid, Ridolph was with speed to be sent away, and admonished secretly to keep these things from the French King by all means. When the privy councillors had received this commentary, the letters I spoke of, and others sent from the Pope, and Barker being taken, had confessed all these things; Sir Ralph Sadleir was commanded to watch the Duke's house (at the Charter-house in London) with a band of soldiers. The next day the Duke himself being examined (not knowing what his servants had confessed, and thinking that the commentary had been burned and the letters also) denied all things stoutly: a day or two after, namely, on the seventh day of September, he was conveyed to the Tower of London again, by Sir Ralph Sadleir, Sir Thomas Smith, Sir Henry Nevil, and Doctor Wilson. And then Banister, who was the Duke's Lawyer, and the Earls of Arundel and Southampton, the Lords Lumley, and Cobham, and Thomas his brother, Henry Percy, Lowder, powel, Good-yeere, and others were put in prison, who every one in hope of pardon, told all they knew. As soon as the Commissioners shown to him the confessions of these men, the letters of the Queen of Scotland, and of Rosse, with the commentary, he was astonished; but beholding the commentary with the letters which he thought had been burned, he broke out into these words: I am betrayed and undone by my servants, because I knew not how to distrust, which is the sinew of wisdom. But he besought the Commissioners very humbly to speak unto the Queen in his behalf, promising that he would hide nothing that he knew; and solemnly protesting that he approved nothing which might have been wrong unto the Queen, or detriment unto the realm; yea, that he utterly condemned the purposes and plots to surprise the Queen and the Tower of London, and to set free the Queen of Scotland; and that he never had a thought to bring in any foreign forces, but only to suppress the Scots that rebelled against the Queen. The same day, being examined of fifty Articles, more or less, he concealed nothing. Then all the course of the business was laid down and declared in the Star-chamber, a great assembly of Noblemen, the mayor 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 every one of them, and by the Duke himself also, as the contriver of the business, a serious consultation was had, what was to be done with him, that was an ambassador. For he whiles he thought it lawful for him (as such kind of men use to do) to advance the affairs of his Prince by any manner of means, and not to be brought in question of law upon the inviolable privilege of ambassadors in a strange Court, had done many things long since turbulently, in kindling a commotion, and having nightly conferences with the Earl of Southampton and others, and now again with the English fugitives in the Low-Countries, the Duke of Alba, the King of Spain, and the Pope, about the invasion of England: Therefore the cause was put to David Lewis, Valentine Dale, William Aubrey, and Henry Jones Doctors of the civil Law. 1 First, whether an ambassador that raiseth or procureth rebellion against a Prince unto whom he is ambassador, may enjoy the privileges of an ambassador, and not be subject to punishment as an enemy? They answered; Such an ambassador by the law of Nations, and civil Law of the Romans, hath lost all the privileges of an ambassador, and was subject to punishment. 2 Secondly, whether an Agent of a Prince, who is deprived by public authority, and in whose place another is crowned, may enjoy the privilege of an ambassador? They answered; If such a Prince be lawfully deprived, his Agent cannot challenge the privilege of an ambassador, since none but they which have the rights of an absolute Prince can appoint ambassadors. 3 Thirdly, whether a Prince who shall come into the kingdom of another Prince, and be kept in prison, may have his Agent; and whether he be to be accounted an ambassador? They answered; If such a Prince who shall come into the kingdom of another Prince, and be kept in prison, hath not lost his principality, he may have an Agent; but whether that Procurator may be reputed an ambassador, that dependeth on the authority of his Commission or delegation. 4 Fourthly, whether if any such Prince do denounce & tell to such an Agent and Prince being in prison, That this Procurator shall be accounted no longer for an ambassador; whether this Procurator by the Law may challenge the privileges of an ambassador? They answered, The Prince may forbid the ambassador, that he do not come into the realm, and command him to departed out of the realm, if he do not contain himself within the bounds prescribed unto an ambassador; yet in the mean time he may use and enjoy the privileges of an ambassador, according to the authority given him by his Commission. After these answers of the learned Lawyers, Rosse being brought back out of the Isle of Ely, was sharply rebuked and told by the councillors, that he was no more to be acknowledged for an ambassador, but as a plotter of treasons to be severely punished. He answered, That he is the ambassador of an absolute Queen unjustly deprived; That he had dealt diligently according to his place and duty, for the liberty of his Prince, and the good of both the kingdoms; That he came into England with a sufficient authority (which he shown) with the most ample authority of an ambassador; and that the sacred rights and privileges of ambassadors are not to be violated by any means. Burghley told him in discreet words, that neither the privileges of Embassage, nor letters of public credit did protect ambassadors who offend against the public majesty of the Prince, but that they are subject to punishment; otherwise it might be lawful for wicked minded ambassadors to attempt any thing against the lives of Princes. He on the other side stood still in it, that the rights and privileges of ambassadors were never violated by the course of Law, but (that I may use his own words) by the way of fact: and bitingly willed them not to use him with more rigour, than was used to the English ambassador 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 only were commanded to departed within a time appointed. When they urged him with the testimonies of English men, he with fair words requested them not to do so, since it was a long received custom, which was grown to a Law (as he said) That the testimony of a Scot against an English man, and of an English man against a Scot was not to be received. After much altercation, whether this was to be allowed, but only between the Borderers of both the kingdoms, and that also in matters of the borders; and than whether the English ambassadors had raised and fostered rebellions; Rosse was committed to the Tower of London, where he was kept very close, and answered in brief to all the interrogatories, with that caution and wariness, that his answers could hurt no body. He excused the Queen of Scotland, that she being a prisoner, and in her best time and age, could not but seek all the means she could of liberty, since Queen ELIZABETH excluded her from all access unto her, put her out of all hope of her liberty, and openly maintained her adversaries. He excused the Duke, that he had dealt nothing in the marriage with the Queen of Scotland, but with the consent of most of the Queen's council; neither that he could leave her (though he had promised so to do under his hand) for that there had passed a mutual repromission of future marriage between them before that time. Lastly, he excused himself, that he being an ambassador, could not without a great offence departed from his duty, and abandon his foveraigne Princess in her affliction and adversity; and that he propounded the taking of Queen ELIZABETH for no other cause, but to try the Duke's mind, whether he stood constant and resolute. But the crimes of the other he wittily extenuated, and by no means he could be induced to tell the names of the Noblemen that promised to help the Duke to surprise the Queen; But he confessed that he by the commandment of the Queen of Scotland, did ask advice of the Duke, Arundel, Lumley, and Throgmorton, by their servants that came to and fro, and the Viscount Montague by Lumley, about the delivery of the Castles in Scotland, the hostages, the delivery of the King of Scotland unto the English men, and the restoring of the English Rebels. Thus much of these matters this year, out of the Duke's confessions, and the commentary of Rosse himself, written with his own hand, sent to the Queen of Scotland. Matthew Earl of Lennox, Regent of Scotland, Grandfather to the King, had summoned an assembly of the Estates at Sterling, in the King's name, where living securely, he was taken on the sudden by the Noblemen of the contrary faction; who held a parliament at Edinburgh at the same time in the Queen's name. He had yielded himself to David Spense of Wormeston, who labouring diligently to save his life, was slain, together with the Regent (who had governed the realm for the King his Grandchild but fourteen months) by Bell and Caulder. In his place was substituted by the voices of the King's faction, john Areskin Earl of Marre, who died after he had been Regent but thirteen months. These dangerous times produced in the parliament holden in England this Law: It was made treason, if any attempted any harm or hurt, made war, or moved any other to raise war against the Queen: If any affirmed that she possessed not the crown rightfully, but that others had more right to the crown, or did say that she was an heretic, schismatic or infidel; did usurp the right of the kingdom during her life, or shall say, that any other hath right to the crown, or that the laws and Statutes cannot define and bind the right of the crown, and the succession of the same. If any in the Queen's life, by written or printed book expressly affirm, that any is or aught to be heir or successor of the Queen, besides the natural issue of her own body; or shall print or sell any books or schedules to that effect; he and his fautors for the first time shall be imprisoned a whole year, and lose half his goods; and for the second offence, incur praemunire, that is, to lose all his goods, and lie in prison for ever. This seemed somewhat severe unto many who were of opinion, that the tranquillity of the realm would be established by the designation of a certain heir. But it is wonderful what jests somelewd construers of words, made of that clause, Besides the natural issue of her body; since the Lawyers call them natural that are borne out of matrimony, but the legitimate they call out of the form of words used 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 he might at one time or other, thrust upon them, against their wills, some Bastard son of his, as the natural issue of the Queen. An Act was made also at this parliament, that it should be 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 relieved the reconcilers, or brought in any Agnus Dei, Grana, Crucifixes, or other things consecrated by the Pope, into England, should incur the penalty of praemunire. And that it should be misprision of treason in them, that did not discover their reconcilers. It was moved in the same parliament, that if the Queen of Scotland did offend again against the laws of England, that they might proceed against her, according to the Law, as against the wife of a peer of the kingdom of England: but the Queen would not suffer it to pass. Anno 1572. ON the sixteenth day of Januarie, Thomas Howard Duke of Norfolk was arraigned at Westminster Hall, before George Talbot Earl of Shrewsburie, appointed for that day Lord high Steward of England; and on both sides of him sat the peers, namely, Reynold Grey Earl of Kent, Thomas Ratclif Earl of Sussex, Henry Hastings Earl of Huntingdon, Francis Russell Earl of Bedford, Henry Herbert Earl of Pembroke, Edward Seymer Earl of Hertford, Ambrose Dudley Earl of Warwick, Robert Dudley Earl of Leicester, Walter Devereux Viscount Hereford, Edward Clintonn admiral, William Lord Howard of Effingham Chamberlain, William Cecil Lord Burghley secretary, Arthur Lord Grey of Wilton, James Blount Lord Mountioy, William Lord Sands, Thomas Lord Wentworth, William Lord Burrough, Lewis Lord Mordant, John Powlet Lord Saint-Iohn of Basin, Robert Lord Rich, Roger Lord North, Edmund Bruges Lord Chandois, Oliver 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 delivered unto the Lord Steward, by Garter King at arms, which he shortly after delivered unto the sergeant at arms, who stood by and held it up all the while. Then the Earls and Barons were called by their names, and every one made answer to his name. Then silence was made again, and the Lieutenant of the Tower was commanded to return his precept, and to bring the Duke to the bar. 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 again, the clerk of the crown said thus to the Duke; Thomas Duke of Norfolk late of Keningale, in the county of Norfolk, hold up thy hand: (which when he had done, the clerk read the indictment with a loud voice, that is to say, That in the eleventh year of Queen ELIZABETH and after, the Duke did traitorously device to put her from her crown, and to kill her, and to raise war against her, and to bring in foreign forces to invade the realm. That whereas he knew MARIE late Queen of Scotland to have claimed the Diadem of England, with the title and arms thereof, yet he without the Queen's knowledge intended to marry with her, and lent her a great sum of money, contrary to the promise he had made under his own hand. That whereas he knew the Earls of Northumberland and Westmoreland, Markenfield, and others, had raised rebellion against the Queen, and were fled into Scotland, he relieved them with money. That in the thirteenth year of the Queen, he by letters requested aid of men from Pope Pius Quintus, the professed enemy of the Queen, the King of Spain, and the Duke of Alba, to deliver the Queen of Scotland, and to restore papistry into England. Lastly, that he gave aid unto Herris a Scot, and other enemies of the Queen in Scotland. This being read, the clerk asked the Duke, whether he were guilty of these crimes or no? He besought, that if it were lawful by the Law, he might have a Lawyer appointed him to defend or plead his cause. Catlin chief justice answered, that it was not lawful. The Duke said; It is meet that I submit myself to the opinion of the judges; but there be many dark and obscure points in this business; neither understood I of my arraignment till within this fourteen hours; I was kept from books; now I see, I am to fight for my life without weapons: Yet I have heard, that a Lawyer was assigned unto Humphrey Stafford in a case of treason, in the reign of Henry the seventh. Dier chief justice of the Common pleas answered, that a Lawyer was assigned unto Stafford about the privilege of the sanctuary, from whence he was taken away by force, and that he answered for himself without a Lawyer for the treason. The Duke said, I must speak this day for my life, my goods, for my children, and that which is most to be respected, for my loyalty and honesty (let honour go by:) yet let me ask one question; Whether that the enumeration of the crimes must be holden for true in every part, and to which part I must answer? Catlin said, When the causes be true, the enumeration is also to be accounted true. I do desire to be told (said the Duke) whether every singular thing be treason; For I have heard in the cause of the Lord Scroop, in the reign of Henry the fourth. As he would have said more, the clerk of the crown interrupted him, speaking aloud; Thomas Duke of Norfolk, art thou guilty, or not guilty? He said, Not guilty. The clerk asked him again; How wiltthou betried? I commend (said he) my cause to God and to my peers: The heinousness of my crimes woundeth my heart, but the benignity of her majesty from whom I could expect no more, doth recomfort me: and I beseech you, my Lord Steward, that I may be dealt withal according to Law, and that my memory, which is slippery, may not be oppressed with the confused variety of things. That I have you my peers and judges, I acknowledge myself happy; for unto many of your integrities I would willingly commit my life. I trusting unto mine innocence did not fly: but yet I cannot but ingenuosly confess, that I have transgressed against the Queen, but in no treason. I beseech you let not those things of smaller moment be put amongst the other of treason. Then said Barham the Queen's sergeant at law; The crimes of treason whereof thou art indicted are these: Thou didst device to deprive the Queen of her realm and of her life: Thou didst intent to marry with the Queen of Scotland: Thou didst send for foreign power to invade the realm: Thou gavest maintenance unto the Rebels, and didst help the Scots, enemies to the Queen. The Duke interrupted him, saying, Barham, I pray you do not aggravate the matter with words, in objecting the marriage and other things which be not treason. Barham turning to the Noblemen, urged the matter, saying; He that would marry her that claimeth the kingdom, the same man desireth and seeketh after the kingdom; but this the Duke began when he was one of the Commissioners at York, to hear the cause of the Queen of Scotland; at which time he was sworn to weigh indifferently and uprightly the accusations and defences on both sides. The Duke said; That cause hath sundry parts, which be without the compass of treason. The Steward of England bade the Duke not to use such digressions from the purpose, who when Barham still urged it with a loud voice, he acknowledged that the Queen of Scotland had claimed the realm of England as due to her, but that she had given over the claim long since. Barham to the contrary showed how she had not left off the claim, because she had not yet made a release or renunciation thereof; and he accused the Duke heinously that he taught the Delegates of Scotland what to say; and this out of the confession of the Bishop of Rosse. The Duke confessed that Lidington moved the marriage unto him, and that he refused it, and that he told them nothing; and requested that the Bishop of Rosse might be produced before him. Then did Barham prosecute at large many things which I have mentioned before, to prove that the Duke did unmeasurably desire the kingdom: and stood much upon this point; What other thing could the Duke propose unto himself in his mind, without the privity of the Queen, to marry the Queen of Scotland, a woman without goods, without kingdom (her son being now established in the realm of Scotland) but that he might get by her means or right the kingdom of England, and consequently deprive the Queen of her life and kingdom? The Duke said; These things are fare fetched to convince me to have imagined the deprivation and destruction of the Queen. I will come nearer, said Barham: It is not unknown that you devised with others, to surprise the Tower of London (which is the chiefest hold of England,) so that it is of necessity that you then compassed the destruction of the Queen, since kingdoms cannot endure to have a partner. The Duke denied not, that one Hopton put into his head, the surprising of the Tower, yet that he rejected the same: Why then, said Barham, didst thou ask the Earl of Pembroke's advice, who dissuaded thee? Barham went on, and urged him, that when the Queen requested of the Infant King of Scotland certain Castles, and the English Rebels out of Scotland to be delivered; the Duke secretly willed the Scots not to consent thereunto. He accused him also, that he attempted privily to steal away the Queen of Scotland out of prison: And this was after he had solemnly promised to meddle or deal with her no more. Then Candish was brought in witness against him; that the Duke had a resolute purpose to marry her, and that he asked him if he could draw his uncle to his side, if Queen Elizabeth died. The Duke utterly denied these things, and rejected his testimony, as of a needy man, and a childish witness. Moreover, it was showed, that the Duke sent secretly his man to the Earls of Northumberland and Westmoreland, to advice them not to rise in rebellion, as a thing that would prove very dangerous. Also the letters of the Queen of Scotland were showed, wherein she lamented that Northumberland was intercepted before he was ready to rise. (For this flying news was brought to her, perchance of set purpose.) To these things the Duke answered: These reasons do not probably prove, that he compassed the destruction of the Queen, and that nothing yet brought against him, was of any moment, but only the testimony of the Bishop of Rosse; neither was this to be received, since he was a foreigner, citing the authority of Bracton, the most learned Lawyer of our Land; that he never made such reckoning of Northumberland and Westmoreland, that he would put his life into their hands: he relied (he said) and trusted so much unto his innocence, that he had never so much as a thought to fly. Gerard the Queen's attorney said; It is most apparent that he did purposely intent to marry the Queen of Scotland to work the Queen's destruction: It is also apparent, that he did advisedly consult of invading the realm, by the letters unto the Pope, the King of Spain, and the Duke of Alba. All his dealings with Ridolph are now well known, by the secret cyphers and Charactericall notes hidden under the tiles of Howard house; also by the letters (which he commanded to be burned) found in the mats in the entry of the chamber; and all these things may be proved 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 Spain, I was neither author nor fautor; yea, I always disliked them. Let them be punished that committed the fault, and let them not charge me, to excuse themselves. Furthermore Gerard accused the Duke, that he talked with Ridolph of the landing of ten thousand soldiers out of Flanders at Harwich, a haven in Essex; and this out of the examination of Barker: And also that letters were written and sent by Ridolph unto the King of Spain, and the Duke of Alba, unto which, although the Duke did not subscribe, yet that he sent by the counsel of Rosse, Barker his secretary unto the Spanish ambassador, who should assure them that they were his very letters. The Duke said; My memory faileth me, neither can it call to mind such intricate variety of matters. You Lawyers have your brief notes, I am put to answer ex tempore. This is also improbable, that I should deal with the Pope, unto whose Religion I was always an adversary. I had rather be pulled in pieces by horses, than revolt from the Religion I profess. The situation of Harwich doth easily confute all this accusation. Who seethe not, how hard a matter it is to bring an army thorough that country, which is all enclosed, and most troublesome, with narrow ways? If I had imagined to make war against my Prince, I should doubtless have furnished myself with Armour; but in these whole ten years, I have not bought any more than eight Corslets, and no gunpowder at all; I would never have committed such letters unto Barkers fidelity, but rather unto Banister, whom I esteemed above many Barkers. Now were brought forth the letters of the Bishop of Rosse, sent out of prison unto the Queen 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 be written with Rosses own hand. Another short letter written with ochre by the Duke, commanding his man to burn a bundle of letters hidden in a certain place, and to lay the fault upon Rosse, who might easily avoid the Law, by the privilege of an ambassador, was also showed: 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 keep many men from trouble. Bromley the Queen's solicitor, shown the letters of Ridolph, wherein he signified, that the Duke of Alba approved their purpose; and also the Pope's letters unto 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 Duke's servants. Unto which the Duke said; I have not the skill to refel so polished and ornate a speech; yet the Orator as skilful as be is, for all that, left out what the force of fear is, which oftentimes quaileth and dauntoth a good courage; and again he commended and urged Bracton against the credit of foreign witnesses. Catlin chief justice made answer: In such causes as these, the testimonies of foreigners are allowable, and that it was in the will of the peers to give credit or disallow such testimonies. Now they were come to prove that the Duke had relieved the Rebels after they were fled, which appeared out of the letters of the Countess of Northumberland, in which she gave thanks to the Duke for the money secretly sent unto her and her husband. As concerning the last objection, about the relieving the Scots, enemies to the Queen, was proved out of the Duke's letters to Banister, out of the confession of Banister, and the money delivered unto Browne of Shrewsburie. Here the Duke asked the judges, Whether the subjects of another Prince confederate with the Queen, may be accounted enemies to the Queen? Catlin answered, they might; and that the Queen of England may make war with some Duke of France, and yet at the same time be in amity with the King of France. When now it drew toward night, the Lord Steward asked the Duke what he had more to say for himself? He answered; I put my trust in the equity of the laws. The Lord Steward commanded the Lieutenant of the Tower to take the Duke aside; and then silence being made, he turned unto the peers, and said: You have heard how Thomas Duke of Norfolk hath been indicted of high treason, who hath pleaded not guilty, and put himself unto God and to you; therefore it is your part, to consider among you, whether he be guilty or no, and to declare your opinion according to your conscience, and upon your honour: and withal, he bade them to go aside, and to consult one with another. After a little time, they returned unto their places: Then the Steward beginning at the lowest, said: My Lord De La-ware, is Thomas Duke of Norfolk guilty of the crimes of high treason, whereof he is indicted, or not guilty? He rising up, laying his hand on his breast, said, guilty. In like manner were each one asked in their order. Then was the Duke brought again to the bar, unto whom the Lord Steward spoke in this manner: Thomas Duke of Norfolk, thou hast been indicted of sundry high treasons; and put thyself to be tried by God and thy peers, who have found thee guilty; hast thou any thing to say why judgement should not be given against thee? he answered, The will of God (who will judge between me and my false accusers) be done. All men now keeping silence, the edge of the Axe was turned towards him: Then Barham for the Queen requested the Lord Steward to give judgement; which he (weeping) did, in these formal words: Forasmuch as thou Thomas Duke of Norfolk hast been indicted of high treason, and hast pleaded not guilty, and hast put thyself upon thy peers, who have found thee guilty; therefore this Bench doth adjudge that thou shalt be lead back from hence unto the Tower (from whence thou camest) and from thence laid on a Hurdle, shalt be drawn unto the place of execution, and there to be hanged, cut down alive, to be bowelled, thy head cut off, thy body to be divided into four quarters, thy head and thy quarters to be disposed of at the Queen's pleasure: And so our Lord have mercy on thy soul. The Duke hearing this judgement, said with a good courage; judgement is given against me, as against a Traitor; I trust in God, that excluded from your fellowship, I shall enjoy the celestial fellowship; I will prepare myself to die; I request this one thing, that the Queen would be good to my children and servants, and see my debts paid. A few days after Barney and Mather were executed, who conspired with Herle a Ruffian, to kill some o● the privy councillors, and to deliver the Duke: But Herle presently discovered the matter, unto whom Barney said smiling (when he saw him brought forth to give evidence against him) Herle thou wentest but one hour before me, otherwise I had stood there in thy place to give evidence, and thou hadst stood here in my place to be hanged. These plots and the like, which were many, were taken hold of to hasten the Duke's death, which yet was stayed and deferred for four months. But on the second day of June, at eight of the clock in the morning, the Duke was lead unto a Scaffold new builded on the Tower-hill; and when he was gone up, and Alexander To these things she (first protesting that she was a free Queen and subject to none) answered with a stout courage and countenance. 1 That she had not usurped the title and arms of England, but that the King of France and her husband imposed them upon her, being very young, and under the direction of her husband, and therefore not to be laid upon her for a fault; neither that she did wear or use them after her husband's d●ath; neither that she will claim them as long as Queen ELIZABETH and her children lived. 2 That she never imagined any detriment or hurt to the Queen by her marriage with the Duke of Norfolk, being persuaded it would be for the good of the commonwealth; and that she did not renounce it, because she had given her faith and troth unto him. 3 That she willed the Duke by some means to get away out of danger and prison, which she did out of the duty she ought to him as her husband. 4 That she had not raised rebellion, nor was privy to the same, who was always most ready to reveal any attempts against the Queen if she would vouchsafe to hear her speak. 5 That she never relieved the English rebels, only that in her letters she commended the Countess of Northumberland unto the Duke of Alba. 6 That she used Ridolph (whom she knew to be highly in the Pope's favour) in many matters, yet received no letters from him. 7 That she never moved any to attempt her deliverance; yet that she willingly gave ear unto them that offered their labour therein; and for that purpose, that she communicated unto Rolston and Hall a private Character. 8 That she had received sometimes letters from the Pope, very pious and consolatory, in which were no such phrases of speech. 9 That she procured not the Bull: That she only saw the copy thereof printed, and when she had read it over, that she burned it. 10 That if any in foreign Regions write or name her otherwise than they ought to do, let them answer for it. 11 That she never by letters required aid of the Pope and the King of Spain, to invade England, but only to be restored into her kingdom by their means, and that with the Queen's privity. 12 But if any question or doubt be made of those letters of effecting the marriage by force of arms, she requested (since she was borne of the royal blood of England) that she might answer personally in the next parliament that was to be holden. And at this time the French King favouring the Queen of Scotland and her party (and the Queen of England the King and his party) earnestly moved Queen ELIZABETH to deliver the Queen of Scotland, which the Queen of England denied to do, saying, In very truth I keep the Queen of Scotland in custody (after a fair manner) as a pledge of mine own security, and of the safety of England. But when it was come to light that the Queen of Scotland intended a secret confederacy with the King of Spain, by the Lord Seton, who landing in Essex, disguised like a Mariner, had promised aid of men to the Scots, of the Queen's party from Alba; both she was kept straighter in prison, and the kindness of the French men toward her waxed keycold. Shortly after, the league between England and France being concluded at Blois, and the Duke of Momorancie being sent into England to confirm the same; he in few words in his master's name, requested that as much favour might be showed unto the Queen of Scotland as might be without danger: That there might be a cessation of arms in Scotland, and that concord might be established there by parliament. He was answered, That more favour was showed to the Queen of Scotland than she deserved, and should be showed for the French Kings sake; although the Estates of the kingdom (who were now assembled) thought the Queen could be in no security without some severity showed unto her. As for the cessation of arms, the Queen had dealt diligently therein; and for that purpose had sent very lately Drury the marshal of Berwick, with Crocus the French ambassador; and that they by no persuasions could bring Grange and the Garrisons in the Castle of Edinburgh to peace, being induced by hope of aid from France and the Low-Countries, though Huntley, and Hamilton Arbroth for the Duke his father, had bound themselves under their hands to observe peace; and the others of the Queen's side had given their word also. Anno 1573. IN Scotland, James Dowglas Earl of Mourton, by the means of Queen ELIZABETH, was made Regent in the place of the Earl of Marre, who having his authority established in the parliament, did enact in the King's name certain laws, against the Papists, and against heretics; but the custody of the King he confirmed to Alexander Areskin, for that the Earl of Marre (unto whom the custody of the King of Scotland in his minority doth belong by a peculiar right) was under age, upon these conditions, that is to wit, That the Papists and they of the other faction should be utterly excluded; an Earl might come in with two men, a Baron with one man, other men alone, and every one of these unarmed. And whereas Queen ELIZABETH by Henry Killigrew, had drawn james Hamilton Duke of Chasteauleroy, George Gordon Earl of Huntley, who stood for the Queen, to these conditions, namely, To acknowledge the Religion established in Scotland: To submit themselves to the King, and also to Mourton as his Regent, and to his successors in the government: To renounce the authority of all others: To account them Traitors by authority of parliament, that attempted any thing against the Religion, the King or Regent: That the sentence against the Hamiltons and the gordon's should be repealed, etc. But these conditions William Kircaldy Lord of Grange, the Lord Hume, Lidington, and the Bishop of Dunkelden, and others, who thought the Queen of Scotland to be injuriously used, would upon no terms admit; but fortified the Castle of Edinburgh, of which Grange was captain (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 join with the Scots, the same Castle was yielded in the three and thirtieth day of the siege, and so the Castle and all the prisoners were delivered unto the Regent, who hanged Kircaldy without mercy, spared Hume and others at the request of Queen ELIZABETH; Lidington was sent to Lieth, where he died, not without suspicion of poison. And to the end, that England might also be more secure from clandestine attempts at home (on the behalf of the Queen of Scotland) John Lesly Bishop of Rosse, who very faithfully had served his Queen (yet with the destruction of many men, and danger of more) was delivered out of prison, and commanded to departed 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 Norfolk's brother; to mollify whose anger, he wrote an apology. He was scarce departed, but his secret Letter-carrier Henry Cokin was taken, and by him was Morgan detected, who prompt to do some exploit for the Queen of Scotland, and desirous to have done somewhat, forthwith fled away. Atsloe the physician for the Papists, and Goad, Doctors of physic, and Francis Berty, because they had secret commerce of letters with her, were put certain months in prison. And for the same cause Henry Goodyer and Richard Louder were called into question. In the mean while Rosse did not pretermit any part or duty of a most faithful subject to the Queen of Scotland towards the Emperor, the Pope, the French King, and the Catholic Princes of Germany, who every one gave 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 departed out of the Low-Countries, to his great grief. Anno 1574. HEnry the third of that name, King of France, and his mother did all that they could by secret devices 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 Queen of Scotland desired much, being persuaded, that if her son were in France out of danger, that she and the Papists in England should be dealt withal more mildly: For hereupon she thought it would come to pass, that the faction in Scotland, hitherto countenanced by the authority of the King's name, would decay and come to nothing; and that the English men would fear him more and more, as he grew up in years, 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 dissolve the ancient league between the Scots and the French. Yet when the Regent earnestly requested that a league of mutual defence between England and Scotland might be made, he was not heard; perhaps for that he requested withal, that an annual pension might be assigned unto him, and unto certain other Scots. But they were heard, who with a small suspicion touched the Queen of Scotland, the Countess and Earl also of Shrewsburie, as though they had wrought a marriage between Charles uncle unto the King of Scotland (unto whom the King had lately in the parliament confirmed the earldom of Lennox) and Elizabeth Candish daughter to the Countess of Shrewsburie by her former husband, without the Queen's knowledge: For which cause the mothers of both them and others were kept in prison, and all the fault was laid upon the Queen of Scotland. And when sundry suspicions grew of the intent and purpose of this marriage, Henry Earl of Huntingdon was made Lord precedent of the council in the North, with new and secret instructions concerning this matter. Anno 1575. THis year died in Scotland the most Noble Lord james Hamilton Duke of Chasteauleroy, and Earl of Arran, who was the grandchildes' son of James the second King of Scotland by his daughter, the Tutor of Queen MARIE of Scotland, and governor of the kingdom, and heir designed, while she was in her minority. At such time as he had delivered her unto the French men, he was made Duke of Chasteauleroy in France; then chief of the three governors of Scotland appointed by MARIE in her captivity. Whose cause while he defended most constantly, he being a plain and wellmeaning man, was vexed with all manner of politic and crafty devices by turbulent and unquiet minded people. Anno 1577. Done John d'Austria had made a perpetual edict at Gaunt, to give satisfaction to the Estates of the Netherlands for their aggrievances; which the Prince of Orange utterly condemning, opportunely heard, that Don John intended to marry the Queen of Scotland; on which he willingly laid hold, and forthwith certified Queen ELIZABETH thereof by Famier, thereby to withdraw her mind from peace: yet she, as one ignorant thereof, by Daniel Rogers shown her gladness of the perpetual edict of peace, though now she had certain knowledge, that Don John by the persuasion of the Earl of Westmoreland and the English fugitives, and forward favour of the Pope and the Guises, had in hope swallowed that marriage, and withal the kingdoms of England and Scotland; and had already appointed to surprise the I'll of Man in the Irish Sea, as a fit place to invade England out of Ireland, and the West borders of Scotland, wherein the Queen 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 John (as we have learned of Perez secretary to the King of Spain) before now ambitiously minded, when he had lost the hope of the kingdom of Tunise, had dealt covertly with the Pope about the expulsion of Queen ELIZABETH, the marrying of the Queen of Scotland, and the conquest of England, and unknown to Philip, had prevailed so fare, that the Pope as out of the care of the common good, moved Philip to make war against England; and Don John himself being to departed into the Low-Countries, had prosecuted it earnestly in Spain; and afterwards by escovedo, sent out of the Netherlands, he had desired to have some havens in Biscay granted unto him, from whence he might invade England with a navy: But Philip disliked their intentions, and began to neglect him, as one over ambitious. Yet Queen ELIZABETH understood not these things fully, until Orange informed her. In the mean time Don John covertly prosecuted the marriage, and at the same time, to cloak the matter, sent unto Queen ELIZABETH the Viscount of Gaunt, to show her the conditions of the peace, and to request longer days of payment for the money lent unto the Estates: which she willingly granted, and dealt with him again by Wilson, to recompense the Merchants of England, for the hurt sustained in the sacking of Antwerp. He eludeth the matter, & whiles he seemed to attend about the Perpetual edict for peace, he broke out suddenly into open war, and by policy got into his hands many Cities and Castles; and wrote unto the King of Spain, that he thought it best to subdue and conquer the lands of Zealand before the Inland provinces: and believing that which he hoped, endeavoured to persuade him by his secretary, that England was easier to be conquered than Zealand. Anno 1578. ABout this time Margaret Dowglas Countess of Lennox, niece to Henry the eighth by his eldest sister, widow of Matthew Earl of Lennox, Grandmother unto James King of Great Britain, overliving her eight children, departed to the joys of heaven, in the threescore and third year of her age, and was buried at Westminster with a solemn funeral, at the Queen's charge: a Matron of worthy piety, patience and chastity, who was thrice cast into prison (as I have heard her speak it) not for matter of treason, but for love matters: First, when Thomas Howard son to Thomas Howard first Duke of Norfolk (being in love with her) died in the Tower; then for the love of Henry Darly her son, to the Queen MARIE of Scotland; lastly, for the love of Charles her younger son, ●o Elizabeth Candish mother to Arbella, of which marriage the Queen of Scotland was accused to be a procurer, as I have said before. About the same time the credit and authority of Mourton began to decay; insomuch, that he was removed from his office of Regent, and the administration of all things delivered unto the King, by the common consent of the Estates, and (because he was not passed twelve years old) unto twelve of the chief Noblemen which were named, of whom three, every three months by turns, should be present with the King, to give him advice, and Mourton was one of them, that they might seem to bring him lower, not to cast him down. Shortly after, Mourton trusting on his sharp wit, long experience, and many dependants and retainers, thinking nothing well done, except he himself did it, and also not brooking not to be the same man he had been, drew back all the administration unto himself, not regarding his associates, and not observing the consent of administration set down, he kept in his hand the King within the Castle of Sterling, and shut out & excluded whom he pleased, and admitted others at his own choice. Wherewith the Noblemen being moved, made the Earl of Athol their captain, and made Proclamation in the King's name, that all men above sixteen, and under threescore years, should meet in Armour, with victuals for fifteen days. There met very many, and with Banners displayed they marched unto Fawkirke, where Mourton with his friends met them in Armour ready to fight: But Robert bows the English ambassador by entreaty, and moving honest conditions, kept them from fight; and Mourton forthwith, as weary of business, went home secretly, and the Earl of Athol died incontinently, not without suspicion of poison; which the minds incensed against Mourton, took to his slander, and for this and other things, they never ceased to persecute him, until they had brought him to his destruction, as we will declare hereafter. Anno 1579. THe Scots were in fear of having their Religion altered by a French man called Amatus or Esmaus Stewart, who came at this time into Scotland, to see the King his Cousin; (for he was the son of john Stewart, brother unto Matthew Earl of Lennox, who was the King's grandfather, and called Aubigney of a town in Berry, which long since Charles the seventh, King of France, had given to john Stewart of the family of Lennox, who being Constable of the Scottish army in France, put the English men to flight at Baugy, and was afterwards, slain by them in the battle of Herrings; and ever since that time it hath belonged unto the younger son of that house.) This man the King used with singular kindness, gave him good liuings, made him of his privy council, and Lord Chamberlain of Scotland, and captain of the Castle of Dunbritton, and then Earl of Lennox, and after Duke. This extraordinary favour of the King towards him, caused many to envy him; who murmured that he was a favourer of the Guises, and of the Roman Religion, and sent purposely into Scotland, by secret means to overthrew the true Religion. The suspicion was much increased, in that he was familiar with the adversaries of Mourton, and entreated to have Thomas car of Fernihurst recalled home, who was the most assured friend to the Queen of Scotland of all others; Mourton resisting the same with all his power, but in vain, for his authority was less and less with all men; although it might seem that he deserved well, in profligating the Hamiltons, and taking the Castle of Hamilton and Daffraine. Anno 1580. IN Scotland when many Ministers of the Word and Noblemen perceived that Lennox was in the King's high favour; first, they raised one james Stewart of the family of Ochiltree, captain of the Guard, and Earl of Arran (for he had usurped that title from I know not what session of james Hamilton Earl of Arran, whose Tutor he had been when he was not well in his wit) to affront him: But the King in a short time reconciled them. When this way served not their turn, they procured him as much hatred as they could at home, and accused him heinously unto the Queen of England, as one sent in covertly by the Guises, to shake the state of Religion, to procure the liberty of the imprisoned Queen, and to dissolve the amity between England and Scotland. These men were soon believed, and upon this matter was kept a serious consultation in England; though he in his letters cleared himself to the Queen, and openly professed the Protestants Religion. For the councillors of England feared, lest he should suppress the Scots who were friends to England, nourish excursions in the borders, and entice the King to marry in France, or in some other place, unknown to the English men; whereupon the young King trusting, might trouble England, and being grown to mature years, assume to himself the title of the realm of England, as his mother had done before; which if he should do, there would be more danger in him, than was in his mother; since he was borne to the certain hope of both the kingdoms, he might get many more fautors; and now the Scots being bred up in their wars at home, and in the Low-Countries, were more exercised and skilful in marshal affairs. Hereupon they thought good to wring Lennox out of the King's favour, by one means or other, or else to drive him out of Scotland, and that without delay; since it was bruited abroad, that he had sent for one Balfure out of France (who had gotten I know not what hand-writing of Mourtons', wherein it was hoped, that Mourton might be convinced of the murder of the King's father) and also that he had obtained the Captainship of the Castle of Dunbritton, for no other purpose, but either to let in foreign forces into Britain, or else to carry over from thence the King of Scotland into France. It was reported also, that he persuaded the King to resign his crown up to his mother, as if she had been deprived unjustly, and by a most impious example or precedent by her subjects accepting assurance, to take it from her by a lawful resignation; whereby he should most strongly confirm his kingdom to him, and extinguishing the factions thereby, be acknowledged of all men for a lawful King. Hereupon Robert bows, Treasurer for the Garrison at Berwick, was sent into Scotland, who should challenge and charge Lennox with those things before the King and his councillors, and admonish them to beware of their imminent evils. As soon as he was admitted to speak, he required to have Lennox removed from the council, which the councillors utterly denied, as a thing strange and never heard of, that a King's councillor should be put out of his place, and his cause not heard or not known. They doubted also whether the Queen did expressly command him so to do, and required him to show his instructions to maintain his credit. He denied to show them, but only to the King, and unto one or two more; whereupon he was unheard, forth with called home, and took leave of the King, who thought of no such matter, complaining that the wholesome admonishments of his Lady the Queen (who deserved well at their hands) were rejected. Immediately upon this was sent from Scotland Alexander Hume to excuse these things, and to learn what these imminent evils were; but he was not admitted unto the Queen, but was sent to Burleigh, who with a brief and discreet speech shown him, That the Queen thought not good to admit him to her speech, not that she did neglect him, whom she had tried to be sound in Religion, and a man careful for the good of his Prince, country, and the tranquillity of both the realms, but out of a just grief, that her majesty and the credit of her ambassador was so contemptuously used, who had kept himself within the compass and bounds of his ambassade, and had been commanded to show his commission (which was a thing never heard of.) He cast all the fault upon the new councillors, and excused the King, who wanted experience through his young years, and wished that he would give ear unto the wholesome and profitable advices of the Queen, who bore a true motherly mind unto him, and not to make less account of her, than he did of his French Cousin, and a subject to the French King, matched with a French woman, and a Papist in Religion; and who perhaps doth seek (the Hamiltons being at this time banished) to be designed second person to the King: And said, Let the King remember, that there is no affection more vehement than Ambition; and let the Scots remember what broils the French men had made in Scotland, if the Queen by her prudence and power had not prevented them. So Hume was sent back into Scotland, and all these things were done of purpose to put the King in fear, and to make him believe, that Lennox had undertaken dangerous plots and devices against the King and the realm. Yet for all this, shortly after, Mourton who was wholly for England, was accused of treason by the Earl of Arran, and cast into prison. Anno 1581. HEreupon in the beginning of Januarie, Sir Thomas Randolph general postmaster, was sent into Scotland, with instructions to conserve the Religion and amity with the English men, and to labour all he could, that no violence should be offered unto Mourton, to remove Lennox away out of Scotland, and to comfort the Noblemen of the English faction. He made diligent and earnest entreaty for Mourton, alleging his merits towards the King, the honour of Queen ELIZABETH, if she so well deserving should have a repulse, and the envy of his accusers. The King answered; That he could not out of his Princely duty, but bring to trial a man appeached of treason; and that he acknowledged by experience the Queen's good will, and that he would not commit any thing that might justly displease her by any means. After Randolph was admitted to speak in the assembly of the Estates, recounting the benefits of Queen ELIZABETH towards Scotland, and the King himself, to wit; How she had delivered the realm from the French men, with the blood of English men, defended their Religion and King, and yet never thought to convey him away (as it was falsely reported) or to obtain an Acre of Scottish ground; when yet she had opportunity and means to conquer Scotland, the King being in his Cradle, his mother prisoner in England, and the Noblemen at dissension. But on the other side, she hath bestowed all her care to preserve in safety the King and his realm, who was tied unto her with the most straight bonds of blood, vicinity and Religion: whose love she found most sincere towards her, as she had done all the regent's successively before that Aubigney Earl of Lennox came into Scotland. Since that time he hath ruled the King as a Ward, hath averted his mind from the friendship of the English men unto the French men, who have not hitherto so much as acknowledged him for King, hath put out of their offices the most faithful subjects of the King, and hath put in others not so faithful, and hath by his letters (which he shown) dealt with foreign Princes about the invading of England. He hath moved the King to hate and abhor the Ministers of God's word, as if they were railers and turbulent people, and hath had no care of the administration of justice between the borderers: All which things Queen ELIZABETH could not but take in very evil part, when she saw a Prince of such virtue, and her nearest Cousin, alienated and drawn forcibly away by these bad devices. Yet nothing was then effected, either to help Mour●on, or against Lennox, who most men thought was falsely charged with the crimes; and also that the letters which were showed, were counterfeit. Therefore Randolph attempted another politic way: He unto the adversaries of Lennox, and unto the friends of Mourton, deploreth the unfortunate estate of Scotland, and layeth before them the dangers hanging over the heads of the King, the commonwealth, and themselves; he complaineth that the intercession of the Queen of England is not regarded of the unthankful people, and covertly adviseth them to try whether they can effect that by arms, which they cannot obtain by other means, and promised them help of men and money out of England. And so he drew to his side the Earls of Argile, Montros, Angus, (Mourtons' brothers son) Mar, Glencarne, Ruthen, Lyndsey, and others. But they by and by after, ●heir ends and purposes being several, when they saw the King wholly to bend his favour towards Lennox, and not to be terrified with the English forces which were on the borders, against which he had opposed his, the most of them disagreeing and reverencing royal majesty even in a young man, durst attempt nothing against Lennox, and thought it enough if they took compassion on Mourton. Yet Angus and Marre secretly devised plots for Mourton, and against Lennox; of which when the King had knowledge by Wittingham, Angus was commanded to departed, and live beyond the river of Spea; and Marre was commanded to deliver the Castle of Sterling unto the King. Randolph doubting some danger to himself, slipped secretly away to Berwick, and willed Angus and Marre (things going against them) to look to themselves, either by recovering the King's favour, or else by resorting unto the protection of the Queen of England. But the English forces were now called back from the borders; and not long after, Mourton (as privy unto the murder of the King's father) was beheaded, being first found guilty of the same. For he had confessed, as they say, That Bothwell and Archibald Dowglas did communicate unto him their intent and purpose to kill the King, and that he durst not reveal the same in such a doubtful world as that was: neither could he deny (after the murder was committed) but that Archibald Dowglas one of the murderers was one of his most inward friends; and that he gave his faith and word under his hand, to defend Bothwell, if any man accused him for murdering of the King. Angus and the other, who stood in defence of Mourton, fled into England. Anno 1582. Queen ELIZABETH, that she might be more secure at home, purposed to make a composition with the Queen of Scotland by Walter Mildmay; but finding out that the Guise was devising some secret practices with some English sugitives, and to gather forces together, under pretence to send them into the Low-Countries, to serve under the Duke of Anjeou, but indeed to be transported into England, from Ewe an obscure part in Normandy, belonging unto him, the matter was put off until another time, and she was not regarded. But about the same time William Ruthen (whom the King had lately created Earl of Gowry) not degenerating from his father, who bore a deadly hatred against the King's mother, and other conspirators devised to remove Lennox and the Earl of Arran from the King, under the pretence to assure Religion, the King's safety, and amity of England, whereunto they were incensed and whetted on by their Ministers. So when Lennox was departed from Perth, where the King lay, unto Edinburgh, about some affairs of the realm, and Arran also was absent; Gowry, Marre, Lyndsey and others, taking the opportunity, invited the King unto the Castle of Ruthen, where they detained him against his will, and would not permit him to ride or walk into the fields, threatening him with death. They put from him all his faithful servants, cast the Earl of Arran into prison, and compelled the King to call home the Earl of Angus, who was banished; the Queen of England (who was of their counsel) making intercession for him; and to send back Lennox into France, who being a man of a mild nature, gave over the Castle of Dunbritton, which he might easily have defended (by the persuasion of the King set on by them) and refused not to return into France. But they not content herewith, enforced the King against his will, to approve this his surprise in letters to the Queen of England, and to pronounce the assembly of the Estates, summoned and called by them, to be lawful. When the French King heard this for a certainty, he dispatched Motfenelan by England, and Manninguill by Sea, with one and the same instructions into Scotland, to wit, That they should take some order by one means or other to set the King free, and confirm the faction of France, to allure and win the King's mind unto the friendship of the French, and as joyful news signify unto him, that the Queen his mother out of her motherly piety, did grant and bestow upon him the title of King, and admit him very willingly now into the fellowship of the kingdom, to the end that he might be taken and acknowledged as a true and lawful King by all Christian Princes, and all the Scots; and thereby the division and partaking of factions wholly taken away. She in the mean time being vexed and troubled in mind, oppressed with miseries, and pining away with the calamity of her long lasting imprisonment, without any hope of liberty; in her long letters written in French (which her motherly love and anxiety of mind extorted from her) deplored unto Queen ELIZABETH her grievous and hard fortunes, and the most distressed estate of her son, to this effect; for I will, out of the original written with her own hand, abbreviate them. When I heard for certainty, that my son was taken and surprised by Rebels (as I myself was certain years ago) out of a just fear lest he should fall into the same and like unfortunate estate that I am in, I cannot but pour out my mournful complaints, and engrave the same (if it may be) in thy conscience, that my innocence may evidently appear unto posterity; and also their ignominy and shame, by whose iniquity I am cast into these miseries. But since the policies and cunning reaches of these persons (though wicked and lewd) have hitherto prevailed more with thee, than my just complaints; let the right and justice now yield and give place unto thy power, and let force oppress the truth with men, I will appeal unto the immortal God, whom alone I acknowledge to be superior of us Princes of equal right and honour. And I will call upon the same God (with whom gloss and deceits are not regarded, and will not prevail) that at the last day he will reward us two as we deserve each to other, howsoever my adversaries have skill to cloak their crafty and deceitful policies with men (and peradventure also with thee.) In his name therefore, and as it were before his judgement-seat, I present unto thy mind, by what policies, some spies using thy name, drew the Scots my subjects to rebel against me, at such time as I lived in Scotland; and set on foot all the evils which have happened there from that day to this. Which thing (not to speak of other matters) is most evident and apparent, by testimonies openly showed, and the confession of Mourtons' own mouth, who was for that cause advanced unto honour; against whom, if I had dealt by course of Law, and thou hadst not given aid unto the Rebels, they could never have stood out so long against me and my friends. While I was detained in prison in Lochlevin, Nicholas Throgmorton persuaded me in thy name, by sealing Letters Patents, to resign my kingdom (which he affirmed would be void, and indeed all the world accounted it void) until thou by thy favour, countenance and forces, didst give aid unto the beginners and procurers of these Letters Patents. And tell me in good faith, whether thou dost acknowledge thy subjects to have any such authority over thee. And yet from thenceforth was my royal authority taken away from me by thy counsel and help, and my kingdom transferred unto my son, uncapable thereof by reason of his tender years. And when I not long since, determined to confirm the kingdom unto him in a lawful manner, he was taken away by force, by diverse Traitors, who questionless have an intent to deprive him of his kingdom, as they did me, if not to take away his life also. After I escaped out of Lochlevin, and was now ready to fight and encounter with the Rebels, I implored thy aid, sending back that Diamond which beforetime I had received from thee, as a token and pledge of thy love, with a large promise of aid against the Rebels; not once nor twice also giving thy fidelity, that if I retired and came myself unto thee for succour, thou wouldst come in person unto the borders, and give me aid. And I trusting upon thy promise freely offered, (although thy servants had oftentimes deceived me) resolved to flee for help unto thee, as to my last assured Anchor, in my adversity; and so had I done, if the way had been as open and easy for me, as it was for them that rebelled against me. But before I could come unto thee, I was intercepted, guarded with keepers, shut up into strong places, and from that time until this, endured evils more grievous than death. I know thou wilt object against me, the dealings that were betwixt the Duke of Nor●olke and me; yet I do still deny, that they were any wrong or hurt to thee, or to thy realm, for they were allowed by the chief councillors of the realm of England, and confirmed with their subscriptions; who also promised assuredly to obtain thy consent. And how (I pray you) could such great men promise thy consent unto that should deprive thee of thy life, honour and Diadem? But yet thou wilt have all men to believe this. But when many of those Rebels did repent, though late, and saw more plainly by the conference at York, between our Commissioners, how unjustly they dealt with me; they were forthwith besieged by thy forces in the Castle of Edinburgh; and of the principal men, one (Lidington) was poisoned, and the other (Grange) in lamentable manner hanged. And this, after that by thy request, I had caused them once or twice to lay down their arms upon a hope of peace, which God knoweth whether my adversaries ever imagined to keep. From that time I was resolved to try whether I could mollify rigour by patience, in suffering whatsoever they imposed on me a prisoner; yet I was utterly barred from all conference with my son by letters or messengers, for this whole year past, that the son might be disjoined by this most lamentable disjunction from the mother, if it might be. I have oftentimes set down and proposed conditions of a peace and concord to be made between us, as at Chattisworth eleven years since, with the Commissioners, and with thyself by the ambassadors of the most Christian King, and by mine own: I dealt also sincerely with Beale the last winter; but those conditions were always rejected, and delays made and interposed, my advices and counsels were suspected, and all the motions of my sincere mind condemned and disallowed. Neither did I reap any other fruit of my long lasting patience, than that it grew to a settled custom for me to be more rigorously used, every day than other; not as a prisoner, but even as a kitchenmaid. Assuredly I cannot endure these things any longer, and hap what hap will, if I die, I will make the procurers and causers of my death to be known: but if I live, I shall find means, I hope, that all these wicked attempts and slanderous calumniations against me, shall die, that I may spend the rest of my life in more tranquillity. Wherefore to take away all displeasure and hatred between us, let the testimonies of the Spaniards, who were lately takenin Ireland, be showed, let the examinations of the Jesuits be produced, let any body have free liberty to accuse me publicly; yet so that in like manner I may have liberty to defend myself, and that I be not condemned unheard. Malefactors and persons of the basest sort and condition are admitted to speak and defend themselves; and their accusers are brought before their face. Why am not I so used and dealt withal, who am a Queen anointed, and thy next Cousin, and the lawful heir of the crown after thee? But this last thing is the matter which chief vexeth and stingeth my adversaries, which study to keep us still enemies, and at contention. Alas, there is no cause why this should vex them. I take God to witness, and upon mine honour, I have thought of no other kingdom this long time, but only the celestial kingdom. Yet thou art bound in Conscience, and tied both by duty and justice, not to trouble or cross the most assured right of my son after my death, nor to further their secret combinations, who as well in England as in Scotland, do apply all their wit and power to work the destruction of me and my son, which is evident and apparent by the instructions of thy messengers in Scotland, who used and behaved themselves most seditiously (doubtless without thy knowledge) but Huntingdon being wonderful eager and diligent therein. Is this just and right, that I a mother shall be forbidden, not only to give counsel and advice to my oppressed son, but also to understand in what distressed estate he is? If they had been sent for my sons good, perhaps if they had taken mine advice with them they should have been for that cause the more welcome unto him. Verily thou hadst bound and tied me unto thee more strictly, and thou hadst no cause so much to conceal their going thither, or to take away at that very time from me all my liberty: Yet that I may speak freely; I desire thee not to use such Agents any more in the Scottish affairs: For although I believe that Cary (Hunsdon) will not do or take any thing in hand, which may be a blemish to himself or his honour, yet I cannot hope of any good to come from Huntingdon, for his evil deserts towards me. Therefore I earnestly request thee, by the most near alliance of blood that is between us, that thou wouldst seriously have regard to the safety of my son, and not to intermeddle any more with the affairs of Scotland, without the privity of me, or the French King; and that thou wouldst account them, who by force keep my son in prison (and compel him to do what they list.) none other but Traitors. Moreover, I hearty request thee, by the cross and Passion of Christ our Redeemer; That I being (upon honest and reasonable conditions) restored to liberty, may somewhat recomfort my languishing body, for the small time of my life that (in some place out of England) after this long-lasting and loath some inprisonment. In so doing thou shalt for ever bind me and my friends, and especially my son unto thee. Which I will never cease with importunate request to demand at thy hands, until thou dost yield and consent thereunto. My body diseased and subject to infirmity, compelleth me to be so earnest. I pray thee therefore cause me to be used with more humanity, otherwise I cannot endure it, I tell thee in plain terms: And post me not over to be used at the pleasure of any other, but at thy disposition. Whatsoever good or evil things happen unto me hereafter, I will attribute and ascribe them only to thyself. Show me this favour, that I may understand thy pleasure from thyself by a letter, be it never so short, or by the French Ambassador. I cannot be satisfied in those things which Shrewsburie doth signify unto me, forasmuch as they may every day be altered. When I very lately wrote unto thy councillors, thou didst command that I should acquaint thee only with my affairs (but it was not just to give them so great authority to afflict and vex me) yet I cannot but fear, that many of them that be my deadly adversaries have procured this, lest the rest, after they shall have heard my most just complaint, should oppose themselves, as well in respect of thy honour, as of their duty to thee. Now resteth my most instant and importunate suit, that I thinking only of the life to come, may have some reverend Catholic Priest, to direct me in my Religion, for the salvation of my soul. This last office is not to be denied unto poor wretches of the basest and meanest estate. Thou dost permit unto the ambassadors of foreign Princes, the exercise of their Religion, and I voluntarily permitted it to my subjects that were of a contrary Religion. If this be denied unto me, I hope, I shall be excused before God. But I fear mine adversaries shall not escape without punishment. Assuredly it will be a precedent unto other Princes of Christendom, to show the like severity against their subjects that be in Religion contrary unto them; if this severity be used towards me a free and absolute Princess, and thy nearest Cousin, for so I am, and will be so to thee whiles I live, in spite of mine adversaries, let them stomach it never so much. I desire not to have my family increased, but I request to have only two maids, which are necessary and needful to me in this my weakness and sickness of body. And let not my adversaries fulfil their cruel minds altogether against me, inbarring me of so small a courtesy. Whereas I am secretly accused by Shrewsburie, that I have privily and without thy knowledge practised to transfer my right in Scotland unto my son, contrary to my promise made unto Beale: I desire thee not to give credit unto the suggestions of Beale, I promised nothing but under certain conditions, to which I am not bound, except they be performed by thee. From that time hitherto, I have received no answer; and there is not a word spoken of them; but yet the practices in Scotland to destroy me and my son, have not ceased. That long-lasting silence I cannot interpret to be any other thing but a plain repulse and denial; and so I signified by my letters to thee, and to thy councillors; those things which the French King and his mother imparted unto me, I also sincerely imparted unto thee, and asked thy advice in them, but I heard not a word from thee again. I never had so much as a thought to submit myself unto thy council about mine affairs and my country, before I knew what it should be; for it might seem a mere folly so to do. How my adversaries in Scotland do triumph over me and my imprisoned son, thou art not ignorant; I attempted nothing there that may be hurtful unto thee, but only to procure a firm peace in that kingdom, which is more to be respected by me, than by thy counsellors: forasmuch as I have more interest therein than they. I earnestly and from my heart desired to bestow and confirm unto my son the title of a King▪ and therewithal to bury in the earth all discords and dissensions. Is not this to pull the Diadem from my son's head? But indeed mine adversaries would not have it confirmed unto my family. This is the thing they envy, when their conscience beareth witness against them; and being guilty of evil, they fear mischief will befall them. Let not these and other mine adversaries so blind thine eyes, and in thy life and sight, procure the death of thy next kindred, and bring to confusion both the crowns; for to that intent do they invent mischief against me, against my son, and perhaps thyself also. Can it be any good or honour unto thee, that I and my son should be secluded by their means and practices, and we two between ourselves so long? Remember thy inbred lenity, bind thyself unto thyself; and being as thou art a Princess, by thy placability mollify thy mind, and abandon all displeasure and hatred towards me a Princess, thy nearest Cousin, and one that loveth thee most dearly; that all our affairs being lovingly compounded between us, I may departed out of this life, and the sobs and sighs of my distressed soul, may not penetrate unto God; unto whose heavenly majesty I offer my continual prayers, that my just complaints and dolorous lamentations, may now at the last, find way unto thee. From Sheffield the eighth day of November. 1582. Vostre tresdesoleé plus proche parent & affectioneé seure, marry R. Anno 1583. WIth these letters Queen ELIZABETH was wonderfully moved and disquieted, and sent unto the Queen of Scotland, Robert Beale one of the clerks of the council, a man rude and uncivil; who should in sharp words expostulate with her for her letters of complaint, and also jointly with the Earl of Shrewsburie, to talk about her deliverance; forasmuch as she had of late in other letters requested Queen ELIZABETH that she might after this time (upon security to be given to Queen ELIZABETH) enjoy her liberty, and be joined with her son in the government of Scotland. About this matter was a serious consultation among the council of England, and most of them were content that she should be delivered upon these conditions: To wit, 1 That she and her son should promise to practise nothing hurtful to Queen ELIZABETH and the realm of England. 2 That she should voluntarily confess, that whatsoever was done by Francis the second, the French King her husband, against Queen ELIZABETH, was done against her will; and that she should utterly disallow the same as unjust, by confirming the treaty of Edinburgh. 3 That she should condemn all the practices ever since that time, and ingenuously renounce them. 4 She should bind herself not to practise any thing directly or indirectly against the government of the realm of England, in ecclesiastical or civil affairs; but by all manner of means oppose herself and resist such practisers as public enemies. 5 That she shall challenge or claim no right unto herself in the kingdom of England, during the life of Queen ELIZABETH; and that afterward she will submit her right of succession unto the Estates of England. 6 And to the end she may not hereafter use any cavil, and say: That she condescended to these conditions (being a prisoner and by coaction) she herself should not only swear unto them, but also procure the Estates of Scotland to confirm them by public authority. 7 The King himself also should ratify them by oath, and by writing. 8 And that hostages should be given. As for the consociation with her son, in the administration of affairs, it was thought fit that the Queen of England should not interpose herself; but this they referred to the King of Scotland himself, and the Estates of Scotland. But if they were joined together, that they should talk about the league with them jointly, if not, by themselves. These things were consulted of, but with no success; For the Scots of the English faction utterly rejected them, crying amain, that many Scots, deadly enemies to the English Nation, were called out of France by the counsel of the Queen of Scotland: And that Holt an English Jesuit was sent secretly into Scotland, to take order for the invading of England. The French ambassadors, which went into Scotland, not obtaining that they came for, departed; whereupon the Noblemen that had surprised the King, grew haughty in mind, as also for that Lennox died at that time, which putting them into security, the King contrary to their expectation, disdaining to be under the government of three Earls, recovered his liberty, & went to the Castle of Saint Andrew's; and with good words willed many of the surprizers to departed from the Court, to avoid any stir, and promised them pardon, if they would ask it within a certain time (which thing Gowry only did) and called Arran back to the Court, but they were so fare off from doing of that, as they secretly practised to take him suddenly again. Hereupon they were commanded to departed out of the realm by a day appointed; Mar, 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, only Gowry having a new plot in his head, tarried after the time prefixed, to his own destruction. And then the King to show himself a Prince, began to exercise his regal authority. And whereas these Conspirators in an assembly called by their own private authority, had enacted and recorded, That this surprise of the King was just; he on the contrary part declared, in a great assembly of the Estates, that the same was traitorous. Although the Ministers (as if they were the supreme judges in the realm) in a Synod called by their own authority, pronounced the same to be just, and judged all them that did not approve and allow the same, worthy to be excommunicate. Anno 1584. IN the beginning of the Spring, some of the Scots returned out of Ireland, upon a pact made between them and Gowry, who had conspired anew with diverse, to take the King again; professing that they set before their eyes nothing else but the glory of God, the truth of Religion, the security of the King and realm, and the amity with England, against them who by sinister means (as they gave out) abused the King, not yet come unto sufficient age. But the King hearing hereof, sent colonel Stewart to apprehend Gowry, who lay at the haven of Dondee, as if he had been going out of the land; who after he had defended himself an hour or two in his house, was taken and carried away unto prison. In the mean time the other Conspirators took Sterling by sudden surprise, and the Castle was yielded unto them; yet by and by they leave them both, because the King displayed his banners, as ready to fight, not so many met, as Gowry had promised, and their hope of English help failed them; and so for fear, Marre, Glamis and Angus, who was come to them, and others fled into England, humbly beseeching the Queen to relieve their necessities, and to entreat the King for them: Forasmuch as they had lost all their goods and the King's favour, for showing their love to her and England, unto whom she thought good to show some favour, that they might be opposed against the contrary faction in Scotland, and the rather for that the Ministers bruited, that the King was upon the point to fall from his Religion upon no other ground (though they feigned other matters) but for that he upon a final love inclined to his mother, and received into his especial favour and grace those whom he knew to be most addicted unto his mother. In the mean time Gowry was arraigned before his peers at Sterling, upon these points: That he intended and began a new conspiracy against the King, whom he had also kept prisoner in his house beforetime: That he conferred by night with the servants of Angus, to seize upon Perth and Sterling: That he had resisted the King's authority at Dondee; had conceived a conspiracy against the life of the King, and his mother. Lastly, that he had asked counsel of Maclena the Witch: and being found guilty by his peers, he was in the evening beheaded; but his servants sowing the head unto the body, buried it incontinently. About the same time were some practices in England, but with no success, in the behalf of the Q of Scotland; of which the chiefest was Francis Throgmorton eldest son to john Throgmorton justice of Chester; who fell into suspicion out of his letters unto the Queen of Scotland, which were intercepted. As son as he was taken, and began to confess 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 themselves, complained, that the Queen by the wicked and crafty dealings of▪ Leicester and Walsingham, was estranged from them: That they were abused with contumelies and reproaches: That strange kinds of subtlety were inuented against them: That secret snares were so cunningly laid, that whether they would or no, they should be brought within the compass of treason; and that they had no hope of safety at home. And to say the truth, very crafty tricks and devices were devised and used to try men's minds; counterfeit letters under the names of the Queen of Scotland and the fugitives covertly sent and left in the houses of Papists, spies dispersed in every place, to hearken after rumours, and to take advantage of words: bringers of tales, whatsoever information they brought, were received and entertained; very many examined upon suspicion, and amongst them, Henry Earl of Northumberland, and his son Philip Earl of Arundel commanded to keep his house, and his wife delivered unto the keeping of Thomas Shirley; William Howard, brother to the Earl, and Henry Howard their uncle, brother unto the Duke of Norfolk, oftentimes examined concerning letters from the Queen of Scotland, from Charles Paget, etc. who escaped very narrowly for all his prudence and innocence. The Lord Paget and Charles Arundel being arrived in France, were watched and observed by Edward Stafford the Queen's Lieger ambassador with the French King; but yet he could not find out their purposes and practices. Yet dealt he with the French King, that they, Morgan and other Englishmen, plotting against their Prince and country, might be removed 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 do justice on them if they bade plotted any thing in England. That all kingdoms are free unto them that fly thither for succour, that it behoveth all Kings, every one to defend and maintain the liberties of his kingdom, and that Queen Elizabeth not long since had received into her kingdom Montgomery, the Prince of Condee, and other Frenchmen, and that at this very time the ambassador of the King of Navarre practising some plots, lieth in England. About such time as these things were done, Bernardino de Mendoza, ambassador for the King of Spain in England, passed in great secrecy into France, fretting and fuming as if he had been driven violently out of England, and the right of an ambassador thereby violated, when he himself being a man of a violent and turbulent spirit, abusing the sacred right of ambassade unto treason, was to be pursued (as many were of opinion) after the ancient manner of severity, with fire and sword, and commanded to departed out of the kingdom; for he meddled and was accessary with the wicked plots of Throgmorton and others, to bring in foreign power into England, & to dispossess the Queen. And when he was mildly reproved of those things, he was so fare from wiping the objections away with a modest answer, that he recharged again the Queen and her Counsellors with their detention of the money of the Genoese, with the succours given unto the Estates of the Netherlands, and unto the Duke of Anjou, and unto Don Antonio the Portugal, and with the piracies and spoils made by Drake. Yet lest the King of Spain should think that the lewd parts of Mendoza were not revenged, but the rights of an ambassador violated, William Waad clerk of the counsel is sent into Spain, who should plainly inform him how badly he had discharged the office of an ambassador, and withal should signify (lest the Queen in sending him away might seem to renounce the ancient amity between the kingdoms) that all kind and friendly offices should be done on her part, if he sent any other as his ambassador, who was desirous and willing to conserve the amity between them; conditionally that the same courtesies might be shown unto her ambassador in Spain. But when the King of Spain would not vouchsafe to admit Waad unto his speech, but referred him to his Counsellors, he taking it in evil part, without fear spoke openly, that it was a most usual and received custom, that ambassadors should be admitted to the presence of Princes, even by their enemies, and in the time of the hottest wars: And that Charles the fifth the Emperor, father to the King of Spain, admitted to his presence the Herald, who from the French King denounced war against him, and in plain terms denied to acquaint the Counsellors with his errand. And when Idiaques Secretary to the King of Spain, could by no policy get out of him what his message was, at last he received all the matter from Mendoza lurking secretly in France. Then he laying aside his public person, in familiar manner signified unto Waad, that he was very sorry that there were some who cunningly laboured to break the amity, and to nourish discord between the Princes; that wrong was done to the Catholic King himself, not unto his ambassadors, first to Despes, and now unto Mendoza, and that there was no cause why he should accuse unto the King any more Mendoza, who was sufficiently disgraced by his ignominious sending out of England; or complain that he was not admitted: And that the Catholic King did no more but like for like, since Mendoza had been dismissed without audience; and as she had referred Mendoza unto her Counsellors, so the King in like manner put him off unto the Cardinal Granuellan. When Waad answered, that there was much difference between him who had never offended the Catholic King, and Mendoza who had offended grievously against the Queen, and had a long time not vouchsafed to come unto her, and had committed things unfitting an ambassador. Yet he could not be admitted; and not being heard, he returned home. The most of the crimes which he was to object against Mendoza, were taken out of the confession of Throgmorton: Who being ready to be apprehended, had secretly sent a desk (wherein his secrets lay) unto Mendoza. His other desks being narrowly searched, there were found two Rolls or Lists, in one of the which the names of the Havens of England which were fit to land Forces, in the other the names of the Noblemen and Gentlemen of England who professed the Roman Catholic Religion, were written down. As soon as he saw them brought out and shown to him, he cried out often that he never saw them before, and that they were foisted in to work his destruction, yea even when he was examined upon the rack: but laid again upon the rack, he denied not to answer unto their Interrogatories. Being asked of those Rolls or Catalogues, and for what purpose they were written, he made this historical narration: That he a few years since going unto the waters at the spa, did consult and device with Jeney and Fra Inglefield how England might be invaded, and the form of government thereof altered and changed, and upon that reason that he set down the names of the havens and of the Noblemen. That Morgan by his letters had signified unto him out of France, that the Catholic Princes had now consulted and determined that England should be invaded, and the Queen of Scotland delivered under the conduct of Guise as general, who wanted nothing but money and some bands of men in England to join with him to his help. To procure these things, that Charles Paget under the counterfeit name of Mope was sent secretly into Sussex, where the Duke of Guise determined to land his army. That he acquainted Mendoza, who had notice and knowledge of these things already by the Conspirators, with the matter, and told him the names of the havens and Noblemen. Neither did he deny that he promised his furtherance, and withal to have admonished Mendoza with what Noblemen he being a public person should treat of this matter, which he being a private man could not do without great danger: and that he shown a way to him how some principal Catholics as soon as the foreign Forces were landed, might levy soldiers in the Queen's name, and then to join them to the foreign Forces. These things he voluntarily confessed. Yet at the bar in the Guildhall of London, being accused of these things, he precisely denied every one of these things, and averred that they were mere devices of his own head, to avoid the torment of the rack again; and openly accused the Queen of cruelty, and the examiners of falsehood, devising an escapatorie or starting-hole by the space of time which was between the fault committed and the judgement. Forasmuch as in the thirteenth year of Queen ELIZABETH certain things were made treasons, for the which none should be arraigned except the delinquent were indicted within six months after the fault committed, and the crime was proved by the testimony and oath of two men, or by the voluntary confession of the offender, without violence; and that this time was expired long since, and that therefore he was not to be arraigned for the same. But the judges told him that the crimes objected unto him, were not of that kind, but that he was liable to the Law by an ancient law of treason made in the time of King Edward the third, which admitteth no circumscription of time or proof, and that by that law the sentence of death was pronounced against him. Being afterward persuaded, he fled unto the mercy of the Queen, and again confessed in a writing more fully, all things which he had said before; which things, not persevering in his words, he began to deny again at the gallows, but in vain. M. Waad being returned out of Spain, was sent to the Q. of Scotland, about a treaty to be had between her and Sir Walter Mildmay, which was propounded two years since, and interrupted, as is said before, unto whom she affirmed with great protestations, with what sincerity she hath dealt about this treaty, and withal, devoteth herself and all her labour unto the Queen, and promiseth to depend wholly on her if only she would vouchsafe her so much love and honour. Moreover, she firmly promised, so that the treaty might go forward, that she would intercede, yea, and bring to pass that her son should receive Angus and the other Noblemen of Scotland into favour; and also that the Bishops of Rosse and Glasco, her Agents and Ministers in France, should not plot any thing against the Queen and kingdom of England, and that she would have nothing to do with the Rebels or fugitives of England. Queen ELIZABETH was glad to hear these things, and whereas that Angus, Marre, I Hamilton, and Glammys were fled into England, and making use of the opportunity offered, sent Beale unto the Queen of Scotland, who together with the Earl of Shrewsburie, should show her, that if she continued in the same mind with which she had acquainted Master Waad, that Mildmay should come forthwith unto her, and treat with her about her liberty, and then should talk with her in the mean while to entreat her son the King to restore the Scottish fugitives, and to tell her that they had committed no fault against the King, but against some violent Counsellors who gave him evil counsel; and lastly, that as much as they could they should get out of her the practices of the Guises. She being a wise woman, answered; That she much desired that the treaty might go forward, and that she requested earnestly of Queen ELIZABETH as of her eldest sister, unto whom she gave all honour. That she had propounded nothing unto Master Waad, but upon condition, and that he whom she thought to be an honest man would not say otherwise. For the restoring of the Scots, that her labour therein would be very necessary, and should not be wanting if she certainly knew any good would redound to herself and her son, so that they would humbly submit themselves unto the King, and be obedient unto him; but if that were not done, that then the Queen should give aid unto her son, that they might be reduced unto their obedience. Moreover, she doth not cloak nor hide it, that she when she was sickly, committed herself and her son unto the care and trust of the Guise her most dear Cousin, of whose purposes or intents she knew nothing, neither would she discover them if she knew them, unless a firm assurance were given her of her liberty; for that it was the part of an unadvised person to forsake her assured friends, for an uncertain hope. She requested that she being an absolute Prince; might be no more dishonourably used, than Queen MARIE did sometime deal with herself, being at that time her subject, and imprisoned; or than the French King did use the King of Navarre, being also his subject, and bore arms against him. She also requested that the treaty might be brought to an end before any in Scotland were sent ambassador about that matter. And for that the French King had acknowledged her ordinary ambassador, and Seton sent by her son into France, as ambassadors from Princes of the same authority and conjoined, she gave that honour to the Queen, to publish this Association of her and her son in Scotland, and besought her not to prejudicate the same. These things were heard, but by terrors objected, shifted off and deluded by the means of them who know how to nourish the hatred between the women that bore no in ward good will one to the other, especially by the discovery of the papers which Chreycton a Scottish Jesuite sailing into Scotland, and intercepted by some sea-rovers of Holland, tore in pieces: but the torn papers cast out of the ship, were cast again into the ship by a contrary wind, not without a miracle (as Chreycton himself said) and glued together by the great labour and singular skill of Waad, laid open and discovered new plots of the Pope, of the King of Spain, and the Guises, about the invading of England. Therefore to occur unto and prevent the wicked counsels and secret policies of seditious persons, and to provide for the Queen's safety, upon the which both the kingdom and Religion depended: Many men (Leicester being the beginner) of all estates in England, out of common charity, whilst they feared not her, but were fearful of the other, bound themselves in a certain Association with their mutual oaths, subscriptions and seals, to persecute with all their forces unto death, them who did attempt any thing against the Queen. The Queen of Scotland who quickly understood that a way was made by it to make her away, weary of her long misery, and fearing worse things, propounded these things to the Queen and her Counsellors, by Naws her secretary: If her liberty might be granted, and that she might be assured of the sincere mind and love of Queen ELIZABETH, that she would bind herself in a most strict league of amity with the Queen, most dutifully honour and observe her before all other Christian Princes, forget all offences past, acknowledge her the true and most rightful Queen of England, and that she would not challenge during her life any right unto the crown of England, nor practise anything against her directly or indirectly; and utterly to renounce the title and arms of England, which she had used by the commandment of Francis her husband; and also unto the Bull of the Pope about her deposition and deprivation: Yea and also enter into that Association, for the security of the Queen; and into a defensive league (saving the ancient league between France and Scotland) yet so that nothing be done in the life of the Queen, or after her death, which may be hurtful unto her, her son, and their heirs in succession, before they be heard in the assembly of the Estates of England. For more assurance of these things, that she will remain as an hostage in England, and if she may have leave to departed out of England, that she will give pledges. Moreover, that she will alter nothing in Scotland, so that the exercise of her religion be permitted only to her and her family. That she will for ever forget all the wrongs done her in Scotland, (but yet under that condition, that the things published to her infamy may be repealed.) That she will commend unto the King Counsellors which were desirous to keep peace with England; and would reconcile unto him as much as lay in her the Noblemen that were fled into England, if they would humbly acknowledge their fault, and that the Queen gave her word to give aid unto the King against them, if at any time they fell or departed from their obedience. That she would do nothing about her son's marriage, without the privity of the Queen; and that she would not do anything without the privity of her son: so she requested that her son might be joined in this treaty, whereby it may be made more strong. She doubted not but that the King of France would be contented, and bind himself by promise together with the Princes of the house of Lorraine, for the performance of these agreements. She also desired that these things might be answered with speed, lest any thing might happen in the mean while to hinder it. Lastly she earnestly desired, that she might have the favour to have more liberty, that therein the love of the Queen might appear more evidently to her. Out of these things, as matters of much honour and duty, Queen ELIZABETH seemed to rejoice; and it was then thought she was inclined to deliver her, although there were some in England who setting new fears before her eyes, drew her from it. But the matter being well followed, and in a manner concluded, was most of all hindered by the Scots of the contrary faction, who exclaimed that Queen ELIZABETH was utterly undone, if she were delivered out of prison, and both the realms would be undone, if she were joined with her son in the kingdom of Scotland; and if the exercise of the Roman Religion were permitted unto her, if it were but in her Court. And some of the Scottish Ministers in Scotland, out of their Pulpits, and in their meetings, railed most vilely against their Queen: they spoke ill of the King and his Counsellors, and being commanded to appear in person, obstinately and contemptuously denied so to do, as if the Pulpits were exempted from the King's authority, and that ecclesiastical persons were not subject to the King, but to the presbytery; directly against the laws made this year in the assembly of the States, in the which the King's authority over all persons both ecclesiastical and laics, was confirmed for ever: viz. That the King and his Counsellors are competent judges in all causes; and they who would not obey the same, are to be accounted for Traitors. The assemblies of presbyteries (as also those of laics) as well general as particular, were prohibited, as having arrogated without the King's privity, boundless authority, and when they list of meeting together, and of prescribing laws unto the King and unto all the realm. And also the popular equality of Ministers was abrogated, and the dignity and jurisdiction were restored unto the Bishops, whose vocation the Presbyteries had condemned as Antichristian. And the slanderous writings against the King, his mother, and Counsellors, were forbidden, and by name the history of George Buchanan, and his Dialogue, De iure regni apud Scotos, as those which contain many things fit to be corrected and blotted out of memory. And also many men blamed Patrick Grey the Scottish ambassador in England, as if he (won by br●bes) had babbled out much matter to the hurt of the King and his mother, and had hindered that these most equal conditions propounded from the King's mother, and sent by Naws, were not admitted. Whereupon she having her patience oftentimes wronged, fell into a grievous sorrow and indignation, and so great was her desire of liberty, that she gave her mind and ears as well unto the treacherous counsel of her enemies, as unto the pernicious devices of her friends: And so much the more, for that as she had persuaded herself that the Association was made to endanger her life; so now she had an inkling that by the policy of some men she was to be taken away from the keeping of the Earl of Shrewsburie, (who being an upright man, did not favour their plots) and to be committed unto new Keepers. And that it might be done with a better colour, and the credit of the Earl of Shrewsburie, which was approved and well known, might not seem to be suspected, (for it was not thought good to call in question the reputation of so great a man, which yet they had cracked by secret slanders, upon the finding fault of his unreasonable wife) suspicions were laid hold on, as if the plot of getting her liberty had been begun, out of certain emblems sent by some unto her. Those were, Argus with many eyes, lulled asleep by Mercury playing tunes on his pipe, with this little sentence, Eloqvium Tota lumina clausit. Another was Mercury striking off the head of Argus keeping Io. A graft or cyon engrafted in a stock and bound with bands, yet flourishing, and written about it, PER vincula CRESCO. Another was a palm tree much laden, but rising again, with these words; ponderibus virtus INNATA RESISTIT. Also an Anagram, VERITAS ARMATA, out of her name, MARIA STEVARTA, the letters being transposed, which was taken in the worse part. Moreover, there were letters shown as if they had been intercepted, in the which the friends of the Queen complained that all their hope was quite cut off, if she was but put into the custody of the Puritans. Under this colour she was taken from Shrewsbury, and committed to the custody of Amias Paulet and Drewgh Drury, and that of purpose (as some think) that being driven into desperation, she might be more apt to take abrupt counsels, and more easy to be entrapped. For Sbrewsbury in all that fifteen years, had so providently 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 Spain, by Francis Inglefield, to hasten that which was begun, and that with all expedition, whatsoever became of her. And Leicester (who was thought to study how to deceive the right owner of the succession) secretly sent ruffians (as many said) to murder her. But Drury an honest minded and upright man, detested the wickedness from his heart, and suffered them not to have any access unto her. Yet some spies secretly crept in, and there were closely sent as well counterfeit as true letters, by which her womanish weakness might be thrust forward to her destruction, as we will say hereafter. And to turn quite away the love of Queen ELIZABETH from her, it was whispered in her ears, that Allan for the Catholics ecclesiastics of England, and Inglefield for the laics, and the Bishop of Rosse for the Queen of Scotland, with common consent, and with the consent of the Pope and the King of Spain, had decreed that Queen ELIZABETH was to be deposed from her crown, and the King of Scotland was to be disinherited of the kingdom of England as manifest and open heretics; the Queen of Scotland to be married to some Catholic Nobleman of England, he to be chosen King of England by the English Catholics, and the election to be confirmed by the Pope: The lawful children of this man by the Queen of Scotland, to be declared successors in the kingdom. And all these things upon 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 upon Henry Howard brother to the D. of Norfolk, who was of the chief Nobility, a single man, and an earnest Roman Catholic, and amongst them of great reputation and account. Anno 1585. IN the beginning of this year 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 four and twenty or more of the privy counsel and Nobility of the land chosen by the Queen's letters Patents, might inquire of them, who shall invade the realm, raise rebellion or attempt to hurt or kill the Queen's person for any whosoever, or by them whosoever, who may challenge right unto the crown of England. But he for whom or by whom they shall attempt, shall be made utterly uncapable of the crown of England, and shall be utterly deprived of all right thereunto, and shall be pursued even unto death by all the subjects if he shall be judged, and publicly declared by those four and twenty men to be privy to such an invasion, rebellion or hurt. There were also acts made against Priests and Jesuits to this effect; That they should departed out of the realm within X L. days. That for them who from thenceforth came into the realm and stayed, it should be treason. That they who knowing them to be such, do relieve, receive or help them, should be felons (so they call all capital offences under treason.) That they who are brought up in the Seminaries, if within six months after proclamation made they do not return, and do not make submission unto the Queen, before the Bishop, or two justices of peace, shall be guilty of treason. But they who shall submit themselves, if within ten years they come unto the Court, or nearer it than ten miles, their submission shall be void. They, whosoever shall send any money by any manner of means, unto the Students in the Seminaries, shall incur a Praemunire (that is, perpetual imprisonment and loss of all their goods.) If any of the peers of the land, that is to say, Dukes, Marquesses, Earls, Barons, Lords of the Parliament, shall offend against these laws, he shall be tried by his peers. They who shall know any such Jesuits and others, to lie hid in the realm, and shall not discover them within twelve days, shall be fined at the Queen's pleasure, and put into prison. If any man be suspected to be a Jesuite or Priest, and do not submit himself unto examination for his contempt, he shall be imprisoned until he do submit himself. He that shall send his children or any others unto 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 heritage's, nor enjoy the goods that may fall unto them by any manner of means. And so shall they also who within a year after they return home from the Seminaries, except they do conform themselves unto the Church of England. If the keepers of havens permit others, beside sailors, Mariners, and Merchants, to pass over the sea, without the Queen's licence, or six of her Counsellors, shall lose their places, and the Masters of the ship who shall carry them o●t shall lose and forfeit their ships and goods, and be imprisoned a whole year. With the severity of these laws the Roman Catholics in England were very much terrified, and amongst them Philip Howard Earl of Arundel, eldest son unto the Duke of Norfolk, insomuch that he determined to departed out of the Land, lest he should offend against them. This man by the benignity of the Queen was restored in blood three years before this time, & a little after he fell out of the Queen's favour & grace by the secret insimulation of some great Courtiers, had secretly reconciled himself unto the Roman religion, and used a very austere life. Hereupon he was once or twice called before the counsel, and cleared himself of the objections laid to his charge, but yet he was commanded to keep his house. After six months more or less he was discharged, and came to the parliament; yet the first day when the Sermon was preached, he stole covertly out of the company. The parliament being ended, as being resolved to departed away out of the Land, in his letters written unto the Queen, which yet he commanded to be delivered after he was gone over, he made a long and lamentable complaint of the envy of his mighty adversaries, unto which he was forced to yield, forasmuch as they triumphed over his innocence, he repeateth the unfortunate deaths of his Ancestors, that is to say, of his great grandfather, who was condemned and never called to trial, of his grandfather, who was beheaded for trifling matters, and of his Father, who, as he affirmed, was circumvented by his enemies, and who never carried any evil mind toward his Prince or country. But that he, lest he should run into the same hard fortune his father had, forsook his country (that he might spend his time in the service of God, and in the works tending to the salvation of his soul) but not his loyalty and fidelity toward his Prince. Before these letters were delivered, he went into Sussex, and being ready to take ship in an obscure creek, was taken and apprehended by the treachery of his servants, and discovery of the master of the ship, and committed unto the Tower of London. At that time there was prisoner in the same place Henry Percy Earl of Northumberland, a man of a lively spirit and cou●age (brother of Thomas beheaded at York) suspected to be privy unto the plot of Throgmorton, the Lord Paget and the Guises, for the invading of England, and delivering of the Queen of Scotland, unto whom always he had borne a great love and affection. In the month of June he was found dead in his bed, shot thorough with three bullets about the left pap, the doors being bolted on the inside. The crowner's quests according to the custom, taken out of the next neighbours, and sworn by the Crowner, viewing the body, considering the place, having found the pistol, with the gunpowder in the chamber, his man who bought the pistol, and the seller thereof, being examined, gave their verdict, that the Earl did murder himself. The third day after, the noblemans of the realm came in great number, and met in the star chamber, where Thomas Bromly Lord chancellor of England succinctly declared, that the Earl had plotted and devised treason against his Queen and country, which being now to come unto light, and to be discovered, upon the guiltiness of his conscience had murdered himself. But that the multitude and common people, who always construe things to the worst, might be satisfied, he commanded the King's attorney, and the King's counsel at law, to deliver and explain at large the causes why the Earl was kept and detained in prison, and the manner of his death. Hereupon Popham the Queen's attorney general, beginning at the rebellion in the North, showeth out of the Records, That he was arraigaed for this Rebellion, and for purposing to deliver the Queen of Scotland, did then acknowledge his fault, and submitted himself unto the mercy of the Queen, and that he was fined at five thousand marks (as I have said before) and that the Queen, such was her clemency, took 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 Earl of Northumberland. That he nevertheless entered into new practices to deliver the Queen of Scotland, to conquer England, and to kill the Queen, and to destroy Religion: That Mendoza the Spanish ambassador had signified unto Throgmorton, that Charles Paget, under the name of Mope had talked with him of these things secretly in Suffex: That the Lord Paget had insinuated the same things almost unto Throgmorton, and that the same things were evident and apparent by the papers of C●●eycton the Scottish Jesuite, and that Charles Paget had told these things unto William Shelley when he returned out of France. Then Egerton the Queen's solicitor, argued witt●ly out of the circumstances and the great care taken of concealing it, that the Earl was guilty of, and privy to these things, that is to say, For that the Earl since that none in England could charge him with these things, but the Lord Paget, who was very familiar with Throgmorton, a few days after the taking and apprehension of Throgmorton, made a ship ready for Paget by Shelley, in which he passed over into France. When Throgmorton began to confess some things, he departed from London and went out of the way unto Petworth, and signified unto Shelley whom he had sent for unto him, that he was fallen into great danger of his life, and of his estate, and requested him to conceal the business, and to send away them who were acquainted with the departure of the Lord Paget, and with the coming of Charles Paget, which was done forthwith. And he himself sent a good way off, the man whom he had used about Charles Paget. Moreover the solicitor 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 he had confessed. After that Shelley by a poor woman a secret messenger between them, had certified him that he could not conceal matters any longer, that their condition and estate were not like, that he should be put on the rack, but that the Earl could not, in respect of his place and degree, and had written those things which he had confessed, the Earl fighed grievously, and sometimes said, as Panton who waited on him in his chamber confessed, that by the confession of Shelley he was utterly undone. 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 fear left his house and family should be utterly destroyed, and a blemish and blot imposed thereon, had laid his own violent hands upon himself Truly many honest men, as well for that they favour Nobility, as also for that he was holden and reputed a man of very great valour, were hearty sorry that such a man came to such a lamentable and wretched death. What things the suspecting fugitives talked in corners of one ballive, one of Hattons' men, who a little before was made Keeper unto the Earl, I omit as a thing of small credit, neither mean I to set down any thing out of idle reports. Anno 1586. IN this year Philip Earl of Arundel, who had lain now a whole year in prison, was accused in the star Chamber, That he had relieved Priests against the laws, that he had had commerce of letters with Allan, and Persons the Jesuite, enemies of the Queen, and that he had derogated in writing from the justice of the Land, and imagined to departed out of the land without licence. he professing his duty and service unto the Queen, and his love and good will unto his country, excused himself with great modesty, by the love he had to the Catholic Religion, and by his ignorance of the laws, and submitted himself unto the censure and judgement of the Lords, who fined him at ten thousand pounds, and to be imprisoned during the Queen's pleasure. In the month of July a most pernicious conspiracy against Queen ELIZABETH was found out and came to light, which I will briefly describe. At Easter, this year, john Ballard a Priest of the seminary of Rheims, who had visited many Roman Catholics in England and Scotland, returned into France, accompanied with maud one of Walsinghams' spies, a most crafty dissembler, who had bleared his eyes; and talked with Bernardino Mendoza, at that time ordinary ambassador of the King of Spain in France, and with Charles Paget a man exceedingly addicted to the Queen of Scotland, about the invading of England, saying that now was a most fit time, all the military men being absent in the Low Countries: and that they could not hope for a fit time, since that the Pope, the King of Spain, Guise and Parma, were determined to set upon England, by that way to turn the war out of the Low Countries. And though Paget held it clear, that it would be in vain as long as the Queen lived, yet Ballard was sent back into England, being sworn to procure aid and help unto the invaders, and liberty unto the Queen of Scotland, and that with all speed, and as soon as he could. At Whitsuntide following this Ballard apparelled like a soldier, and called by a counterfeit name, Captain Foscu, arrived in England, and talked at London about these things with Anthony Babington of Dethick in Derbishire, a young man well borne, rich, of an excellent wit, and learned above his years, who being addicted to the Roman Religion, had a little before stolen overinto France, without any licence, and had been very familiar with Thomas Morgan, one that belonged unto the Queen of Scotland, and with the Bishop of Glasco her ambassador, which two in extolling continually the heroical virtues of such a Queen, had showed such certain hopes of great honours and preferments by her, of which the ambitious young man quickly took hold: they also commended him, thinking of no such matter, in their letters to the Queen of Scotland. For when he was returned into England, she courteously saluted him by her letters, and from that time Morgan used to send over, and to convey letters unto her by his means, until such time as she was put over to be kept by Amyas Paulet. For then the young man seeing the danger, left off: With this Babington, I say, did Ballard deal about this matter. He was fully persuaded that the invasion of England would come to nothing so long as Queen ELIZABETH lived. But when Ballard had insinuated that she should not live long, that savage who had taken an oath to kill her was already come into England; Babington did not like that so great a matter should be committed only to savage, lest he should fail in his attempt, but rather to six stout Gentlemen, whereof he would have savage to be one, lest he should break his oath: and Babington devised a new way to have the land invaded by strangers, of the havens where they should take land, of the aid that should be joined to them, how to deliver the Queen of Scotland, and to kill the Queen. Whiles he studied earnestly about this matter, he received by a boy unknown, letters in a character or ziffre samiliar between the Queen of Scotland and him, which mildly accused him for his long silence, and bade him to send with speed a packet of letters sent from Morgan, and delivered by the Secretary of the French ambassador: which thing he did, and withal by the same messenger wrote letters unto her, wherein he excused his silence, for that he was deprived of means and opportunity to send, from the time that she was put into the custody of Amyas Paulet a Puritan, a mere Leycestrian, and a professed enemy of the Catholic faith (for so he called him) He opened unto her, what he had conferred with Ballard, and told her that six Gentlemen were selected to execute the tragical murder: and that he with a hundred other, would deliver her at the same time. He besought her, that rewards might be propounded, and given unto the heroical actors in this business, or to their posterity, if they failed or died in the action. unto these letters answer was made the 27. of July, the forward care of Babington toward the Catholic Religion, and herself, is commended, but he was advised to proceed in the business warily, and that an Association might be made amongst them as though they feared the Puritans, and that no stir should be made before they were certain and assured of foreign help and forces: that some tumult might be raised also in Ireland whilst a blow or wound might be given in these parts, Arundel and his brethren, and Northumberland, might be drawn into their side, Westmorland, Pager, and some others secretly called home. And the way also of delivering her is prescribed, either by overthrowing a Cart in the gate, or by burning the stables, or by intercepting herself when she road up and down in the fields for her recreation between Chartley and Stafford. Lastly, Babington is commanded to give his word and promise for the rewards unto the six Gentlemen and the others. He had already gotten unto himself some Gentlemen who were earnest Roman Catholics, among the which the chiefest were Edward Windsor, brother to the Lord Windsor a mild young man, Thomas Salisbury of a worshipful family in Denbighshire, Charles Tilney of an ancient worshipful house, the only hope of his family, and one of the Gentlemen pensioners to the Queen, whom Ballard had lately reconciled unto the Roman Church, both of them very proper men, Chidiocke Tichburne of Hamshire, Edward Abington whose father was Cofferer to the Queen, Robert Gage out of Surrey, John traverse, and john Charnock of Lancashire, John Jones whose father had been tailor unto Queen Mary: the aforenamed Savage, Barnwell, of a worshipful family in Ireland, and Henry Dun, a clerk in the office of the first fruits and tenths, into this society. Pooly also insinuated himself, a man perfectly instructed in the affairs of the Queen of Scotland, a notable and cunning dissembler, who is thought to have discovered all their purposes and counsels unto Walsingham day by day, and to have urged these young men, ready enough to do evil headlong, by suggesting and putting worse things into their heads; though Na●●s, Secretary to the Queen of Scotland, had secretly advised them to take heed of him. Unto these men Babington communicated the matter, but not all things unto every one: he showeth his letters and those of the Queen of Scotland unto Ballard, Tichburne, and Dun; he moveth Tilney and Tichburne, to dispatch the Queen. At the first they deny to contaminate and ●mbrue their hands in their Prince's blood, Ballard and Babington tells them that it is lawful to kill Princes who be excommunicated, and if one offend, it is to be done for the good of the Catholic Religion. Herewith they with much ado persuaded, do consent, Abington, Barnwell, Charnock and savage, readily and voluntarily swear to do it. Salisbury could not be persuaded by any means to kill her, but for the delivery of the Queen of Scotland, he offered himself voluntarily unto savage and the others; Babington designed Tichenor, of whose fidelity and valour he had a great opinion, but he was gone to travel. Babington charged them not to impart the matter unto any, before they had sworn them to be secret. The Conspirators confer sometimes of this matter in Paul's Church, in Saint Giles fields, and in the taverns, in the which they kept many feasts: puffed up with the hope of great honours, now and then extolling the valour of the Nobility of Scotland, who had lately intercepted the King of Scotland at Sterling, and Gerard the Burgonian who had killed the Prince of Orange. And they proceeded to that foolish vanity, that they caused them who were designed and appointed to kill the Queen, to be painted in tables to the life, and Babington in the midst of them with this verse: Himihi sunt Comites quos ipsa pericula ducunt. But for that this verse (as too plain) did not so well like them, they took it away and in the stead thereof they put this: Quorsum haec, aliò properantibus? It is reported that these tables were intercepted and secretly shown unto the Queen, who knew none of them by the countenance but Barnwell, who had oftentimes come unto her about the causes of the Earl of Kildare, unto whom he belonged; but by other tokens which she was told she knew the man. Truly one time walking forth for her recreation, she espied Barnwell, and looked earnestly on him without fear, and turning unto Hatton captain of her Guard, and others, said, Am not I well attended and guarded, that have not in my company so much as one man that weareth a sword? These words Barnwell himself told after to the conspirators, and shown them how easily she might then have been dispatched if the conspirators had been there; and savage affirmed the same. Now nothing troubled the mind of Babington more, than lest he should be deceived of the foreign forces: Therefore to make that sure and certain, he determined to go over himself into France, and to send before Ballard over secretly for that purpose: for whom he had got a licence under a counterfeit name by a bribe he had given, and that he might clear himself from all suspicion, by the before named Pooly, he insinuated himself unto Walsingham, and with great earnestness sued unto him to obtain of the Queen for him a licence to go into France, promising to do good service in searching and discovering the most secret plots of the fugitives, for the Queen of Scotland. He commended the purpose of the young man, & promised him not only a licence, but many and great matters if he performed it: Yet he delayed from time to time the matter (which they thought that not so much as the sun had known) having gotten it out by the cunning wit of his own, and of others, but especially by ●he intelligence of Gilbert Giffard a Priest. This man borne at Chellington in Staffordshire, not far from Chartley, where the Queen of Scotland was kept, and sent about this time by the fugitives into England, under the counterfeit name of Luson, to remember savage of his oath he had taken, and to lie hid to send the letters to and fro between them and the Queen of Scotland: when they could draw neither the Countess of Arundel, nor the Lord Lumley, nor Henry Howard, nor George Shirley, into so dangerous a business. The fugitives, to try whether the conveying of letters by Giffard was safe, first sent blanks made up like packets, which when they understood by answers to be delivered, they being more confident, sent also others in ziffres of their affairs, now and then. But Giffard, whether tormented in conscience, or corrupted by bribes, or terrified with fear, came secretly unto Walsingham, and told him who he was, and for what purpose he was sent into England, and offered all his service out of his love towards his country and Prince, and promised to communicate unto him all the letters he received, either from the fugitives or from the Queen of Scotland. Walsingham embracing the occasion offered, used the man courteously, sent him into Staffordshire, and wrote unto Powlet that he should suffer some of his servants to be corrupted by G●fford and to wink thereat. He as unwilling (as he said) that any of his servants should be made a Traitor in a dissembling manner, yet as loath, he suffered him to corrupt the Brewer, or the man that kept the provender, who dwelled hard by: Giffard quickly corrupted the Brewer for a few angels of gold, who by a hole in the wall, into the which a stone was put so that it m●ght be taken out, secretly sent in and received back letters, which by posts appointed came to the hands of Walsingham, who unsealed and wrote them out: and by the rare skill of Thomas Philip's he found out the ziffres, and so sealed them again by the skill of Arthur Gregory, that none could judge them to have been unsealed, and so sent them unto those men unto whom they were directed. So were those former of the Queen of Scotland unto Babington, and the answers of him unto her, and others unto him (in the which was craftily added a postscript in the same character, bidding him to send the names of the six Gentlemen (if not the other) and also the letters sent the same day unto M●ndoza the King of Spain's Embassader, unto Charles Paget, the Lord Paget, the Arch Bishop of Glasco, and to Fra. Ingl●field, every one of which were copied out, and af●e● a●d conuered as they were directed. Queen ELIZABETH, as soon as she understood by these letters, that such a terrible storm hung over her head, on the one side from her subjects at home, and on the other side from foreign enemy's, commanded Ballard to be apprehended, thereby to suppress the conspiracy betimes. So on a sudden he was taken in the house of Babington, in the very instant when he was ready to go upon ●is journey into France. Hereat Babington was wonderfully perplexed, and was in a thousand minds, and went to Tichburne, and asked his advice, what was to be done: his counsel was, that the conspirators should scatter and fly sundry ways, but his own was, secretly to send savage and Charnock, and that speedily to dispa●ch●th Queen, yet that they might come with mo●e facility unto her, to provide some richer and more courtlike suits for savage, and of this matter he talked with them in Paul's Church: but by and by changing his mind, and concealing his inward cares stinging his heart, he urged Walsingham, being then absent and at the Court, that his licence to travel into France might be now at length granted; and withal entreated him, to let Ballard free, whom he should have great occasion to use in that negotiation. Walsingham delayed and held him on with fair promises from day to day, and as concerning Ballard, and taking of him, he layeth it upon Young, that cunning hunter out of Romanists, and as it were in friendship secretly advised him to take heed of such fellows, and easily persuadeth the young man to lie all night in his house in London, until the Queen signed his passport and he himself returned to London, that they might talk of such important affairs with more secrecy, and lest the fugitives when he came to France, should gather any manner of suspicion, out of his often going to and fro thither. In the mean time Scudamore, one of Walsinghams' men was commanded to watch him very diligently, and to accompany him in every place, under the colour that he might be the safer from the Purscuants. Hitherto had Walsingham contrived and wrought the business, the other Counsellors of the Queen being ignorant thereof; and would have proceeded further and lengthened it, but the Queen would not, lest, as she said, in not taking heed of a danger when she might, she should seem more to tempt God than to hope in him. Therefore out of the Court from Walsingham a scroll was sent unto his man, to watch Babington with more care: This being not sealed, was so delivered, that Babington sitting next to him at the Table, read it also. Hereupon being guilty in conscience, and suspecting that all things were discovered, the next night, when he, Scudamore, and one or two more of Walsinghams' men had in the tavern supped with good cheer, he (as if he would have paid the reckoning) arose, leaving behind him his sword and cloak, and got to Westminster by the darkness of the night, where Gage changed clothes with him, who forthwith put on Charnocks clothes, and together got closely into S. john's wood near unto the city, unto which place came also Barnwell and Dun. In the mean time they were proclaimed Traitors thorough all England. They lurking in woods and byways, when they had in vain requested money of the French ambassador, and horses of Tichburne, they cut off Babingtons' hair, and disfigured his face with the green shells of walnuts, but being compelled by famine, went to the Bellamy's house near to Harrow on the Hill, who were much addicted to the Roman religion: there they were hidden and relieved with victuals in the barns, and apparelled in husbandmen's apparel, and being found after ten days, were brought to London, the citizens witnessing their public joy, with ringing of bells, making of bonfires in the streets, and singing of psalms, so much that the citizens received great commendations and thankes of the Queen for the same. The other conspirators were soon after taken, most of them near unto the city, Salisbury in Cheshire, his horse being thrust thorough with a halberd, and traverse with him, after they had swom over the river of wever; and in Wales was taken Jones, who being acquainted with the intended invasion, had also hidden them in his house, after he knew they were proclaimed traitors, and had moreover furnished Salisbury in his flight with a horse, and his man (who was a Priest) with a cloak he lent him. Only Windsor was not found. Many days were spent in the examination o● these men, who in their confessions appeached one another, concealing nothing that was true. All this time the Queen of Scotland and her servants were so narrowly kept and watched by Powlet, that these things were kept from her knowledge, though publicly known in all England. As soon as these men were taken, Tho. Gorge was sent, who in few words should certify her of these things, which he purposely did unto her, nothing dreaming thereof, even as she had taken horse to go on hunting; neither was she suffered to return, but under show of honour, lead about to gentlemen's houses that dwelled thereabouts. In the mean time I. manner, Ed. Aston, Rich. Bagot, and William Waad, by commission from the Queen, kept Naws and Curlus her Secretaries and other servants severally, that they should have no communication with themselves nor with the Queen. And breaking open the doors of her closet, sent all her cabinets and desks wherein her papers were laid, sealed up with their seals unto the Court. Then Powlet so commanded, seized on all the money, lest she should corrupt any body with bribes, and gave his word to restore it. The caskets and desks being searched before Queen ELIZABETH, there were found the letters of many strangers, the copies also of letters unto many, about 60. kinds of cyphers, and also the letters of many noblemen of England, offering their love and service, which yet Queen ELIZABETH dissembled in silence: but they smelling it out, did afterward all they could against her, that so they might not seem to have favoured her. Now Gifford having served their purpose in this manner, was sent into France as a man banished, leaving first with the French ambassador in England a paper indented with this charge, not to deliver any letters from the Queen of Scotland, or from the fugitives, and came to his hands unto no other man but him that brought the counterpane thereof, which he secretly sent to Walsingham. Being returned into France, after some months he was cast into prison for his wicked life, and suspected of these things died wretchedly, confessing most of these things to be true, which were also found to be true out of the papers in the desks. On the XIII. day of September, seven of the conspirators were brought to the bar and arraigned, and acknowledged themselves guilty, and had judgement of treason. On the next day the other seven were brought to the bar, and pleaded not guilty unto their indictment, and put themselves to be tried by God and the country, who were proved guilty by their own confessions, and were likewise condemned. Pooly only, though he was privy to all, for that he affirmed that he had told some things unto Walsingham, was not at all arraigned. On the XX. day of the same month, the first seven were on a pair of gallows set upon a scaffold in Saint Giles his field, where they had used to meet, hanged, and cut down, and their privities cut off, bowelled and quartered as they were even alive, not without the note of cruelty, that is to say, Ballard the contriver of the wickedness, ask pardon of God and the Queen, with this condition, if he had offended her. Babington (who without fear beheld the execution of Ballard, whiles the other turning their faces away, and on their knees were earnest at their prayers, ingenuously acknowledged his fault, and being let down from the gallows, sundry times plainly cried out in the Latin tongue, Parce mihi Domine jesu. Savage (the rope breaking) fell from the gallows, and was straight pulled away, and his privy members cut off, and bowelled alive. Barnwell extenuated the fault with the pretext of Religion and conscience. Tichburne humbly acknowledging his wickedness, moved all the multitude to compassion, and so likewise did Tilney, being a very proper man, and modest in behaviour. Abington being of a turbulent spirit and nature, casting out threats and terrors, of the blood that was ere long to be shed in England. On the next day, the other seven were drawn unto the same place, but used with more mercy by the Queen's commandment, who hated the former cruelty; for every one of them hung till they were quite dead, before they were cut down and bowelled. Salisbury the first, was very penitent, and advised the Catholics not to attempt the restitution of Religion by force or arms, and the same did Dun who was the next. Jones protesting that he had dissuaded Salisbury from this enterprise, and that he utterly condemned and disliked the haughty and rash spirit of Babington and the purpose of invasion. Charnock and traverse fixed wholly to their prayers, commended themselves to God and the Saints. Gage extolling the bountiful liberality of the Queen toward his father, and detesting his own treacherous ingratitude toward a Princess so well deserving. Hierom Bellamy, who had hidden Babington after he was proclaimed traitor (whose brother privy to the same offence had strangled himself in prison) ashamed and silent was the last of this company. These men being executed, Naws the Frenchman, and Curlus the Scot, who were Secretaries to the Queen of Scotland, being examined about the letters, copies of letters, and little notes and cyphers found in the Queen's closet, of their own will acknowledged by their subscriptions, that the handwritings were their own, indicted by her in French, taken by Naws, and turned into English by Curlus: Neither did they deny that she received letters from Babington, and that they wrote back by her commandment in such a sense as is aforesaid. Yet this is certain out of letters, that when Curlus did at this time ask Walsingham for what he promised, that Walsingham did reprove him, as one forgetful of an extraordinary grace, as that he had not confessed any thing but that he could not deny, when Naws charged him therewithal to his face. The Counsellors of England could not agree what should be done with the Queen of Scotland: some thought good that no severity was to be used against her, but to be kept very close, as well for that she was not the beginner of this plot, but only made acquainted with it; and also for that she was sickly, and not like to live long. Others for the security of Religion would have her dispatched out of the way, and that by the course of Law. Leycester had rather have it done by poison, and secretly sent a divine to Walsingham, to show him that this was lawful: but Walsingham protested that he was so fare from allowing that any violence should be used, that long ago he crossed and broke the advice of Morton, who had persuaded to send her into Scotland, that she might be killed in the very borders of both the kingdoms. They were moreover of different opinions, by what law or Act they should proceed against her, whether out of that of the XXV. Year of Edward the third (in which he is a traitor who deviseth to kill the King or the Queen, or moveth war in the kingdom, or doth adhere unto his enemies,) Or whether by that Law or Act of the XXVII. Year o● Queen ELIZABETH, which is set down before: At length their opinion prevailed, who would have it by this latter law, as made for this purpose, and therefore to be accommodated thereunto: therefore out of that law enacted the former year, that enquiry might be made, and sentence pronounced against them who raised rebellion, invaded the kingdom, or attempted to hurt the Queen, many of the privy counsel and Noblemen of England were chosen Commissioners by letters Patents, which was this after the lawyer's form and style. ELIZABETH by the grace of God, of England, France, and Ireland, Queen: Defender of the faith, etc. To the most reverend Father in Christ John Archbishop of Canterbury, Primate and metropolitan of all England, and one of our privy counsel; And to our beloved and trusty Thomas Bromley Knight, chancellor of England, and another of our privy counsel, And also to our well-beloved and trusty William Lord Burghley, Lord Treasurer of England, another of our privy counsel, And also to our most dear cousin William marquis of Winchester, one of the Lords of the parliament, And to our most dear cousin Edward Earl of Oxford, great chamberlain of England, another of the Lords of the parliament, And also to our most dear cousin George Earl of Shrewsbury, Earl Martial of England, another of our privy counsel, and to our most dear cousin Henry Earl of Kent, another of the Lords of the parliament, And also to our most dear cousin Henry Earl of Derby, another of our privy counsel, And to our most dear cousin William Earl of Worcester, another of the Lords of the parliament, And to our most dear cousin Edward Earl of Rutland, another of the Lords of the parliament, And to our most dear cousin Ambrose Earl of Warwick, Master of our Ordnance, another of our privy counsel, and to our most dear cousin Henry Earl of Pembroke, another of the Lords of the parliament, And also to our most dear cousin Robert Earl of Leicester Master of our horse, another of our privy counsel, And to our most dear cousin Henry Earl of Lincoln, another of the Lords of the parliament, And also to our most dear cousin Antony Viscount Montague, another of the Lords of the parliament, And to our well-beloved and trusty, Charles Lord Howard our great admiral of England, another of our privy counsel, And to our well-beloved and faithful Henry Lord Hunsdon our Lord chamberlain, another of our privy counsel, And also to our well-beloved and trusty Henry Lord of aburgevenny another of the Lords of the parliament, And to our well-beloved and trusty Edward Lord Zouch, another of the Lords of the parliament, And also to our well-beloved and trusty Edward Lord Morley, another of the Lords of the parliament, And also to our well-beloved and trusty William Lord Cobham Lord Warden of our five Ports, another of our privy counsel, And also to our well-beloved and trusty Edward Lord Stafford, another of the Lords of the parliament, And also to o●r well-beloved and trusty Arthur Lord Grey of Wilton, another of the Lords of the parliament, And also to our well-beloved and trusty John Lord Lumley, another of the Lords of the parliament, And also to our well-beloved and trusty John Lord Sturton, another of the Lords of the parliament, And to our well-beloved and trusty William Lord sands, another of the Lords of the parliament, And also to our well-beloved and trusty Henry Lord Wentworth, another of the Lords of the parliament, To our well-beloved and trusty Lewis Lord Mordant, another of the Lords of the parliament, And to our well-beloved and trusty John Lord St. John of Bletso, another of the Lords of the parliament, And also to our well-beloved and trusty Thomas Lord Buckhurst, another of our privy counsel, And to our well-beloved and trusty Henry Lord Compton, another of the Lords of the parliament, And also to our well-beloved and trusty Henry Lord Cheney, another of the Lords of the parliament, To our well-beloved and trusty Francis Knolles Knight, Treasurer of our household, another of our privy counsel, And also to our well-beloved and trusty James Crofts Knight, Controller of our said household, another of our privy counsel: To our beloved and trusty Christopher Hatton Knight, our vice-Chamberlaine, another of our privy counsel, And also to our trusty and well-beloved Francis Walsingham Knight, one of our chief Secretaries, another of our privy counsel, And also unto our trusty and well-beloved, William davison Esquire, another of our principal Secretaries, of our privy counsel, And to our trusty and well-beloved Ralph Sadleir Knight, chancellor of our duchy of Lancaster, another of our privy counsel, And also to our trusty and well-beloved, Walter Mildmay Knight, chancellor of our Exchequer, another of our privy counsel, And to our trusty and beloved, Amyas Powlet Knight, captain of the I'll of Jersey, another of our privy counsel, And to our trusty and well-beloved John Wolley E●quire, our Secretary for the Latin tongue, another of our privy counsel, And also to our trusty and well-beloved Christopher W●ay Knight, chief justice of the King's Bench, And to our trusty and well-beloved Edmund Anderson Knight, chief justice of the Common Bench, Roger Manwood Knight, chief Baron of our Exchequer, Thomas Gawdy Knight, one of our justices of the King's Bench, And William Peryam one of the justices of our Bench, Greeting, etc. And not to set it down verbatim: After the recapitulation of the Act made the last year, these words follow: When after the end of the Session of parliament, viz after the first day of June, in the XXVII. year of our reign, diverse things have been compassed and devised tending to the hurt of our royal Person, as well by Mary daughter and heir of James the fift, lately King of Scotland, and commonly called Queen of Scotland and Dowager of France, pretending title unto the crown of this realm of England, as by diverse other persons, with the privity of the same marry, as it is given us to understand: and for that we intent and determine, that the said Act should be executed rightly and effectually in all things, and by all things, according to the tenor of the said Act; and that all the offences aforesaid, in the aforesaid Act, as it is said, mentioned, and the circumstances of the same should be examined, and sentence and judgement thereupon given, according to the tenor and effect of the said Act: We give unto you and to the greater part of you, full and ample power, faculty, and authority, according to the tenor of the said Act, to examine all and singular things compassed and devised, tending to the hurt of our royal Person, with the privity of the said Mary, and all the circumstances of the same, and all the aforesaid offences whatsoever mentioned in the said Act, as it is said, and all circumstances of the same offences, and of every one of them: And moreover according to the tenor of the said Act to give sentence and judgement, even as the matter shall appear unto you upon good proof; And therefore we command you to proceed diligently upon the aforesaid things in the form aforesaid, at certain days and places, which you or the greater part of you shall appoint, and provide for this purpose, etc. The most of these came to Fodringhay Castle in Northamptonshire, on the xj. day of October, where the Queen of Scotland was then kept. On the next day the Commissioners sent unto her, Sir Walter Mildmay, Sir Amyas Powlet, and Edward Barker, a public Notary, who delivered into her hands the letters of Queen ELIZABETH, which when she had read over, she with a Princely countenance and quiet mind said: I am much aggrieved that the Queen my most dear sister is wrong informed of me, and that I, who have so straight been kept so many years, and being now lame, after I have offered so many equal and fair conditions for my liberty, have lain so long time neglected: Although I have fully forewarned her of many dangers, yet I was not believed, but was always despised, although I am most near to her in blood. When the Association was made, and when it was confirmed in the parliament, I foresaw that whatsoever danger befell, either by foreign Princes abroad, or any harebrain fellows at home, or for the cause of Religion, I should pay dear for the same, I having so many deadly enemies at the Court. I may take it in evil part, and I have cause for it, that a league was made with my son, without my privity or knowledge, but such like things I pretermit. But to come unto these letters; It seemeth strange unto me that the Queen commandeth me, as if I were her subject, to come unto a trial: I am an absolute Queen, neither will I do or commit any thing, which may impair or wrong the royal majesty of Kings and Princes, of my place and rank, or my son; My mind is not so dejected, neither will I yield and sink down under calamity, I refer myself unto those things which I protested before Bromly and the Lord De la Ware. The laws and statutes of England are to me utterly unknown, I am destitute of counsellors, I tell you plain I know not who may be my peers: my papers and notes of remembrances are taken from me, there is none that dare plead or speak in my cause. I am free from all offence against the Queen, neither am I to be called in question, but upon mine own word or writing, which can never be brought against me; But yet I cannot deny but that I have commended myself and my cause to foreign Princes. On the next day returned unto her in the name of the Commissioners, Powlet and Barker, who shown this answer put into writing, and they asked her if she persisted in the same; After she had heard it distinctly read, she commended it as truly and rightly conceived, and said she would persist in the same: But, said she, I did not remember one thing which I wish may be put in: whereas the Queen hath written I am subject and liable unto the laws of England, and am to be judged by them, because I lived under the protection of them: I answer, That I came into England to ask and crave aid and help, from which time I have been kept and detained in prison, and could not enjoy the protection and benefit of the laws of England, and hitherto I could not understand by any body, what the laws of England were. In the afternoon many chosen out of the Commissioners, with men skilful in the Canon and civil laws, came unto her: but the Chancellor and the Treasurer declared their authority out of the letters patents, and shown her that neither captivity, nor the prerogative of royal majesty could exempt her from answering in this kingdom; and mildly he admonished her to hear the objections made against her if not, they threatened they both might and would proceed against her by the authority of the law. She answered, That she was not a subject, and had rather die a thousand times, than acknowledge herself a subject: since that by acknowledging it, she should do prejudice and wrong unto the highness of the majesty of Kings, and withal should confess herself to be bound unto all the laws of England, even in matters of Religion. Nevertheless she was ready to answer unto all things, in a full and free parliament, since that she is ignorant if only for a fashion and a show, this assembly was appointed against her already condemned with their foreiudgements; therefore she closely admonisheth them to look unto their consciences, and to remember that the theatre of the whole world was fare more spacious than the kingdom of England. Lastly, she began to complain of the injuries done unto her, and the Treasurer to rehearse the benefits of Queen ELIZABETH bestowed upon her, viz. that she had punished many who did impugn the right she challenged unto England, and had hindered that she was not condemned by the Estates of the realm, for the pursuing the marriage with the Duke of Norfolk, the rebellion in the North, and other things: which things when she seemed to make slight of, they went away. After a few hours, by Powlet and the Solicitor they shown the heads of the letters Pa●ents, and the names of the Commissioners, that she might see that they were to deal formally and in good fashion, uprightly, and not according to the qui●kes of law, and extraordinarily. She made no exception against the Commissioners, but a bitter one against the new or late Act upon which all the authority of the Commissioners depended; that is, to wit, that it was unjustly devised purposely against her, & that there was no example of the like proceeding, and that she would never submit herself to trial upon that Act. She asked by what law they would proceed against her: If by the civil or Cano● laws, she said the expounders were to be sent for to Pavy or Poytiers, and other outlandish universities, since that fit men were not to be found in England. Moreover she added that it was evident by plain words in the letters, that she was accounted guilty of the fault, although she was not heard, and therefore she had no reason to appear before them, and she required to be satisfied of many scruples in these letters, which she had noted, confusedly and in haste by herself alone, but she would not deliver them in writing, for that it did not beseem a King or Prince to play the scribe. About this matter those Commissioners selected came to her again, unto whom she signified that she did not understand the meaning of these words, Since she is in the protection of the Queen. The Chancellor answered, This to be apparent enough to any one of understanding, but yet it is not the duty of subjects to expound what the Queen meant, neither were they made Commissioners for that cause. Then she requested that the protestation which she had made in former times, to be showed and to be allowed. It was answered, that it was never allowed, neither that it was to be allowed now, for that it was a wrong to the crown of England. She asked by what authority they would proceed. It was answered, by the authority of the letters Patents, and the law of England. But you, said she, make laws as you list, unto which, it is no reason why I should submit myself, since that the Englishmen in former times refused to submit themselves unto the Salic law of the Frenchmen. But if they proceeded by the law of England, they should bring a precedent for their doings, since that, that law for the most part consisted upon examples, and customs. But if by the Canon Law, than no other men ought to expound the same, but the makers of them. It was answered, that they would proceed neither by the civil nor Canon laws, but by the laws of England: But yet that by the civil and Canon laws it might be showed that she ought to appear before them, if she did not refuse to hear this; neither did she refuse to hear, but as in way of communication, but not by way of justice or trial. Hereupon she fell into other speeches, viz. that she never compassed or devised any thing to hurt or kill the Queen, that she had been offended at the wrongs and indignities done to her, that she should be a stumbling block, if she were discourteously used; That she did by Naws offer her labour and best means for the revocation of the Pope's Bull; That she would have defended her innocency by letters, neither was this permitted: And to conclude, that all her offices of good will for this twenty years have been rejected; with such like small digressions, her going on further they called back, and bade her to say in plain terms, whether she would answer before the Commissioners; she replied, That this their authority was given to them by the new act made to ensnare her: That she could not endure the laws of the Queen, which she upon good reason suspected: That she having been hitherto of good courage, would not now wrong her ancestors the Kings of Scotland, by acknowledging that she is a subject of the crown of England, for this is no other thing than openly to confess them thereby to have been rebels and traitors. Yet that she refused not to answer, so she be not reduced unto the rank of a subject: and that she had rather die a thousand times, than to answer as a criminal offender. Unto these speeches Hatton the Vice-Chamberlaine of the Queen said; You are accused (but not condemned) to have conspired to kill our Lady and anointed Queen. You say you are a Queen. Be it so. But the royal estate of a Queen doth not exempt you from answering unto such a crime as this is, neither by the civil nor Canon law, nor by the law of Nations, nor by the law of Nature. For all justice would be of no force, yea be utterly overthrown, if faults of such nature should be committed without punishment. If you be innocent, you do wrong to your credit by flying from trial. You protest yourself to be innocent, but Queen ELIZABETH is of another mind, and not without cause, but truly to her great grief: Therefore to examine your innocency, she hath sent with authority most honourable, most wise, and most upright men, who with equity and with favour, are to hear you, and they will rejoice from their heart, if you clear yourself of this crime. Believe me, the Queen herself will be very glad, who said to me at my departure, that there could not a thing have happened more grievous unto her, than that you are charged with this fault. Wherefore laying by the superfluous privilege of a royal Estate, which can be now of no use, make your appearance for a trial, show your innocency, lest by searching of evasions you draw upon yourself suspicion, and purchase a perpetual blemish of your reputation. I do not refuse, said she, to answer in a full parliament, before the Estates of the kingdom lawfully called, so that I may be declared next in succession: Yea and before the Queen and her Counsellors, so that my protestation may be admitted, and I may be acknowledged the next kinswoman of the Queen. In plain terms I will not submit myself unto the judgement of mine adversaries, by whom I know all the defence I can make of mine innocency, will not be allowed and received. The Chancellor asked her if she would answer, if her protestation were admitted: She answered, I will never submit me to the new law mentioned 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, have regard to your honour, God will requite you and your heirs for your judgement upon me. On the next day being the fourteenth day of October, she sent for some of the Commissioners, and requested, that the protestation might be admitted and allowed. The Treasurer asked her whether she would come to trial, if the protostation were only received and put into writing without allowance. At length she condescended, yet with an evil will, lest she (as she said) might seem to derogate from her predecessors or successors, but that she was much desirous to clear the crime objected, being persuaded 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 chair of Estate set under a Canopy in the upper part of the Chamber, for the Queen of England: Against it lower and further off, near unto the rails a chair for the Queen of Scotland, hard to the walls on both sides benches or forms, on the which on the one side sat the Chancellor of England, the Treasurer of England, the Earls of Oxford, Kent, Derby, Worcester, Rutland, Cumberland, Warwick, Penbroke, Lincoln, and Viscount Montacute; On the other side the Lords, Aburgevenny, Zouch, Morley, Stafford, Grey, Lumley, Sturton, sands, Wentworth, Mordant, Saint John of Bletso, Compton and Cheiney: Next to them sat the Knights of the privy counsel, as james Croft, Christopher Hatton, Francis Walsingham, Ralph Sadleir, Walter Mildmay, and Amias Powlet; Forward before the Earls sat the two chief justices, and the chief Baron of the Exchequer; on the other side, two Barons and other justices, Dale and Ford, Doctors of the civil law; at a little table in the middle sat Popham the Queen's attorney, Egerton the solicitor, Gaudie the Queen's sergeant at law, the clerk of the crown, and two clerks. When she was come and had set herself in her seat, silence being made, Bromly the Chancellor turning to her, made a short speech to this purpose: The most high and mighty Queen of England being certified to her great grief and anguish of mind, that you have plotted both the destruction of her and of England, and also of Religion; according to the duty due unto God, herself, and people, in the which lest she should fail, and out of no malice of mind, hath appointed these Commissioners, who may hear what things are objected against you, and how you can clear yourself from the crimes laid against you, and show your innocency: She arising up said, that she came into England to seek and request aid, which was promised her, nevertheless that she was detained in prison ever since that time. she protested, that she was not subject to the Queen, but was a free and absolute Queen, neither was to be forced or compelled to be brought in or tried before the Commissioners or any other judge, for any cause whatsoever, but only God alone the sovereign judge of all, lest that she should do wrong and injury unto her own royal majesty, her son the King of Scotland, her Successors, or any other absolute Princes: But now she was there in person to refel the crimes objected against her. And she requested her friends or servants to witness these things. The Chancellor not acknowledging that help was promised, answered, That this protestation was to no purpose, for that whosoever, of whatsoever rank or estate he were in England, did offend against the laws of England, may be made subject to the same, and may be examined and judged by the late new law. And that therefore that protestation made to the prejudice of the laws, and of the Queen 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 have often said, were founded upon the Act of parliament, 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 every man in this realm was bound to the observation of the laws, though never so lately made, and that she might not speak in disgrace of the laws, and that the Commissioners would judge by virtue of that law, whatsoever protestations or appellations she made: At length she said she was ready and prepared to answer of any act whatsoever, done against the Queen of England. Then Gawdy expounded and made plain the Act in every point, and affirmed, that she had offended against the same, and then he made an historical Narration of Babingtons' conspiracy, and concluded, that she knew of it, allowed it, promised help, and shown the ways and the means. She with an undaunted courage answered, that she knew not Babington, never received letters from him, nor never wrote unto him, never plotted the destruction of the Queen: And that to prove it effectually, the subscription under her own hand was to be produced. She never heard so much as any man speak it: that she knew not Ballard, never maintained him, but that she had heard that the Catholics were much aggrieved with many things; and that she certified the Queen therewith in her letters, and had earnestly desired her to have pity of them. And that many, utterly to her unknown, had offered their service unto her; yet that she never moved any, to any wickedness: and that she being shut up in prison, could neither know, nor hinder the things which they attempted. Upon this, out of the confession of Babington, she was urged that there passed an intercourse of letters between her and Babington. She acknowledged, that she had speech with many by letters, nevertheless it could not be gathered thereby, that she knew of all their naughty practices: She requested, that a subscription with her own hand might be produced, and she asked, who could have harm by it, if she had requested to have letters detained almost a whole year. Then the Copies of the letters of Babington unto her were read, in the which all the plot was described. She said, As concerning these letters, it may be that Babington might write, but let it be proved that I received them: if Babington or others have affirmed this, I say in plain terms they lie. Other men's faults are not to be laid on my back. A packet of letters, which was detained almost a year, came about that time to my hands, but truly I know not by whom it was sent to me. To prove that she had received Babingtons' letters, there was read out of the confession of Babington the heads of the letters which he had voluntarily confessed that she had written back. In like manner things taken out of the confessions of Ballard and savage were read, who confessed that Babington had communicated unto them letters received from the Queen of Scotland. She affirmed, that Babington had received none from her, yea rather that she had been angry with them that secretly suggested, and gave counsel about the invading of England, and warned them to beware and take heed. Then were shown the Letters, in the which the plot of Babington was commended and approved. She asked to have the copy of them, and affirmed that they came not from her, but perhaps out of her Alphabet of ciphers in France, that she hath laboured to get her liberty, which is a thing natural to all men, and to have treated with her friends to use means to deliver her: nevertheless unto many whom she was not disposed to name, who offered their service, she had not answered a word, but that she much desired to turn away the storm of persecution from the Catholics, and that she entreated the Queen thereunto, that she would not get a kingdom with the blood of the meanest of all the Commons. That there are many who attempt things pernicious without her knowledge, and in some letters which she hath received very lately, some had begged pardon of her, if they attempted any thing without her privity. That it was an easy matter to counterfeit the Characters and ciphers, as a young man, who had boasted himself to be the bastard brother to her son, did very lately in France. That she also feared lest this was contrived by Walsingham, who (as she had heard it muttered) had plotted against the life of her and her son. She protesteth that she never thought to hurt or kill the Queen, but that she had rather more willingly bestow her life, than that the Catholics should be afflicted so often, and lose their lives with such grievous torments for her sake, and in hatred of her. But, said the Treasurer, none who was an obedient subject was put to death for Religion, but many were for Treason, maintaining the Pope's authority and Bull against the Queen. But, said she, I have heard otherwise, and I have read it also in printed books. The writers of such books, replied he, wrote also that the Queen was deprived of her royal dignity. Walsingham, who even now perceived himself nipped and touched, rose up, and protesting that his mind was not possessed with any evil will, said, I call God to witness, that I, as a private man, have done nothing not beseeming an honest and upright man, neither for the public person which I bear have done any thing which doth not belong unto my place. I confess that I have been careful of the safety of the Queen and the realm, and have curiously sought to find the plots against her. If Ballard had offered me his service, I had not refused it, and had recompensed him for his travel and pain taken. If I have plotted any thing with him, why did he not tell it out, that he might have saved his life? She said that she remained contented with this answer: she requested him not to be angry, for that she so freely spoke what she had heard, and that he would not believe more them that slandered her, than she did them that defamed him: That spies were men not to be trusted, for they dissemble one thing, and say another. That he would by no means believe that she consented to hurt or kill the Queen. And then weeping amain, said, I will never cast away my soul in conspiring to kill my most dear sister. The Lawyers made answer, that it would be sound proved by testimonies presently. These things were done before noon. In the afternoon, for the more substantial proof thereof, the copy of the letters which Charles Paget wrote, was brought forth and showed, and Curlus one of her Secretaries, witnessed, that she received, of the conference between Mendoza and Ballard about the counsel of invading England. She answered, This is nothing to the matter, neither doth it prove that I consented to hurt or kill the Queen. moreover, the Lawyers went forward, to prove that she was privy of the conspiracy, and also conspired to kill the Queen, out of the confession of Babington, and the letters between her and Babington; in the which he had saluted and styled her his high and mighty Lady and Queen. And by the way they rehearsed, that there was a counsel holden of assigning and conferring over the kingdom of England unto the King of Spain. She acknowledged, that a Priest came to her, and said, if she did not stop it, that both she and her son should be excluded from their inheritance: but she would not tell the name of the Priest. And moreover, she said, that the Spaniard challenged a right unto the kingdom of England, and would not give place unto any, but unto her. Then they pressed her with the testimonies of Naws and Curlus her Secretaries, out of the confession of Babington, and the letters that past between Babington and her; and all the credit of their proofs depended upon the testimony of them, and yet they were not brought forth face to face. She did acknowledge Curlus to be an honest man, but not a sufficient witness against her. That Naws, sometimes secretary to the Cardinal of Lorraine, commended to her by the French King, might be easily induced either by bribes, or hope, or fear, to bear false witness, as one, who sundry times had made rash oaths, and had Curlus so tractable and at his beck, that he would write whatsoever he bade. And it may be that they might put into the letters, such things which she had not endired, and also that such letters came to their hands, which yet she never saw. And broke out into such or the like words: The majesty and safety of Princes will be of small authority, and be contemned, if they do depend on the writings and testimony of their Secretaries. I did indite unto them nothing but that which nature hath taught me; that I might recover and get my liberty at last; neither am I to be convinced, but out of mine own words or writing. If they have written any thing that may be hurt and damage to my most dear sister, unwitting to me, let them be punished for their inconsiderate boldness. I certainly know if they were here present, they would in this cause acquit me of this fault. And if I had my papers here, I could answer unto these things in particular. Amongst those things, the Treasurer objected, that she had determined to send her son into Spain, and to assign over unto the Spaniard, the right that she challenged in the kingdom of England. Unto whom she answered, That she had no realm that she could give away, but yet it was lawful to give away her own things at her will and pleasure. When the Alphabets of ciphers conveyed unto Babington, the Lord lodovick, and to the Lord of Fernihurst, were objected unto her out of the testimony of Curlus, she denied not, but that she had set down more, and among the rest, that for the Lord lodovick, at such time as she commended him and another unto the dignity of a Cardinal, and as she hoped without offence, forasmuch that it was no less lawful for her to have commerce of letters, and treat of her affairs, with men of her Religion, as it was for the Queen, with the professors of the other Religion: Then they pressed her thicker, with the agreeing testimonies of Naws and Curlus, repeated again, and she also repeated her former answers; or else repulsed them with precise denials, protesting again, that she neither knew Babington nor Ballard. Among these speeches, when the Treasurer put in his verdict, saying, that she knew well Morgan, who secretly sent Parry to kill the Queen, and had given him an annual pension, she replied, she knew that Morgan had lost for her cause all that he had, and therefore she was bound in honour to relieve him, and that she was not bound to revenge an injury done by a well deserving friend unto the Queen, but yet that she had terrified him from making any such attempts. But yet pensions, said she, were given out of England unto Patrick Grey, and to the Scots that were mine enemies, as likewise to my son. The Treasurer answered: At such time as the revenues of the kingdom of Scotland were much diminished and impaired by the negligence of the viceroys, the Queen gave some liberality unto the King your son, her most near allied Cousin. Afterward was showed the contents of the Letters unto Inglefield, and to the Lord Paget, and unto Bernardino de Mendoza, concerning foreign aid. And when to those she had made answer: These things touch not nor concern the death of the Queen; & if so be that strangers desired and laboured to deliver her, it was not to be objected against her; and that she had sundry times signified unto the Queen, that she would seek for her liberty: The matter was adjourned unto the next day. On the next day she repeated again her former protestation, and requested that it might be recorded, and a copy thereof delivered unto her, lamenting that the most reasonable conditions which she had propounded oftentimes unto the Queen, were always rejected, yea when she promised to give her son, and the son of the Duke of Guise for hostages, that the Queen, or the kingdom of England should take no harm by her. That she saw long ere now, that all ways of liberty were stopped, but now that she is most basely used, to have her honour and estimation called into question, before pettifoggers and Lawyers, who draw every circumstance into consequences by their quiddities and tricks, since that anointed and consecrated Princes are not subject, nor under the same laws that private men are. Moreover when they have authority and commission given them of examining Things tending to the hurt of the Queen's Person; yet notwithstanding the cause is so handled and letters wrested, that the Religion which she professeth, and the immunity and majesty of foreign Princes, and the private commerces between Princes, are called into question, and she below her royal dignity is brought to the bar, as it were to be arraigned, and to no other purpose, but that she may be wholly excluded from the favour of the Queen, and from her right in the Succession, when she appeared voluntarily to confute all objections, lest she might seem to have been slack in the defence of her honour and credit. she also called to their memory, how ELIZABETH herself had been drawn into question for the conspiracy of Wyatt, when yet she was most innocent, Religiously affirming, that although she wished the good and welfare of Catholics, yet she would not have it to be done by the death and blood of any one. That she had rather play the part of Hester, than of Judith, make intercession unto God for the people, rather than to take away the life of the meanest of the people. And then appealing unto the majesty of God, and unto the Princes that were allied unto her; and repeating again her protestation, she requested that there might be another assembly about this matter, and that she might have a Lawyer assigned unto her, and that since she was a Prince, that they would give credit to the word of a Prince; for it was extreme folly to stand unto their judgement, whom she most plainly saw to be armed with foreiudgements against her. Unto these speeches the Treasurer said: Since that I bear a twofold person, the one of a Delegate or Commissioner, and the other of a Counsellor; First, take of me a few things, as from a Commissioner: Your Protestation is recorded, and the copy thereof shall be delivered unto you. We have authority given us under the Queens own hand, and the great seal of England, from the which there is no appellation: neither come we with a foreiudgement, but to judge according to the rule and square of justice. The Lawyers aim at no other thing, but that the truth may appear how fare forth you have offended against the Queen's person. We have full power given us to hear and examine the matter, yea in your absence; yet we desire to have you present, lest we should seem to diminish your honour or credit: neither have we thought to object unto you any thing, but that you have done or attempted against the Queen's person. The letters are read for no other purpose, but to lay open the practice against the Queen, and other things pertaining thereunto, and are so mingled with other things, that they cannot be separated. And therefore the whole letters, and not parcels taken out of sundry places of them, are read, for as much as circumstances do give credit unto the things of which you dealt with Babington. She interrupting him, said, That the circumstances might be proved, but not the deed, that her integrity depended not upon the credit and memory of her Secretaries, though she knew them honest: but yet if they have confessed something out of fear of the rack, hope of reward, and of impunity, it is not to be admitted and received out of just causes, which she may declare in another place; that the minds of men are carried away by sundry kinds of affections, that they would never have confessed such things, but either for gain, or upon some hope: that letters may be directed unto others, than unto whom they are written, and that many things which she had not dictated, had many times been inserted: if her papers had not been taken away, and that she had a secretary, she could with more ease confute their objections. But nothing (said the Treasurer) shall be objected, but from the nine and twentieth day of June, neither will the papers do any good, since the Secretaries and Babington himself, without torture have affirmed you to have sent letters unto Babington; which thing, although you deny, let the Commissioners judge, whether more credit is to be given unto their affirmation or your denial. But to come to the matter. As a counsellor I tell you this, you have made many propositions about your liberty at sundry times: that nothing came thereof, was long of you, or of the Scots, and not of our Queen, for the noblemen of Scotland absolutely denied to deliver the King for hostage. And when last of all there was a treaty for your delivery, Parry was sent secretly by Morgan to kill the Queen. Ah (said she) you are my professed enemy: Yea rather (replied he) I am an enemy to the enemies of Queen ELIZABETH: but enough of these things; Let us therefore proceed unto proofs: when she denied to hear, Yet we will hear (said he) and I also (said she) in another place, and will defend myself. Now were read again the letters unto Charles Paget, in which she told him, there was no other way for the Spaniard to bring the Netherlands into subjection, than by placing a Prince in England who might do him good: the letters unto the Lord Paget to hasten aid and forces to invade England: the letters of Cardinal Allan, in which he saluted her as his high and sovereign Lady, and signified that the business was commended unto the care of the Prince of Parma. As these were in reading, she interrupted them, saying: That Babington and her Secretaries accuse her to excuse themselves; that she never heard of the six Ruffians; that the other things were not to the matter; that she esteemed Allan to be a reverend Prelate; that she did acknowledge no other head of the Church, than the Pope of Rome; that she was not ignorant in what regard and estimation she was with him and with foreign Princes, nor could she hinder it, if they in their letters called her Queen; that her Secretaries since they did against their office, faith, and fidelity, confirmed by oath unto her, deserved no credit; that there was no credit to be given to them that were once forsworn, though they swore again by all the oaths of God; neither that they did think themselves tied with any oath whatsoever in conscience, since that they have sworn unto her before that loyalty and secrecy, neither for that they were not subjects of England: that Naws had written oftentimes otherwise than she had dictated, and that Curlus had written all whatsoever Naws had bidden, but that she would maintain and uphold their faults in all things, but those that might blemish her honour. Perhaps also these fellows did confess to do themselves a benefit, whilst they might think not to hurt her, with whom, as with a Queen, they thought mildness should be used; that she heard nothing of Ballard, but of one Hallard, who had offered his service, which yet she had refused, for that she had heard that the same man had been belonging to Walsingham. Afterward, when the notes out of the letters unto Mendoza, which Curlus had acknowledged that he wrote out in a private character, were read before her, and she was urged out of them, as if she had compassed to transfer the right in the kingdom unto the Spaniard, and that Allan and Parsons stayed now at Rome for that purpose and intent: she complaining that her servants had broken their fidelity confirmed by oath, answered: When I being in prison, and languished with care, A without hope of liberty, and there was not any more hope left of ever bringing to pass those things, which very many expected of me in my sickness and declining age. Many thought it sit that the Succession of the realm of England should be established in the Spaniard, or in a Catholic Englishman: and a book was brought to prove the right of the Spaniard; which being not admitted by me, I offended many. But all my hope in England being now desperate, I am resolved not to reject foreign help. The solicitor admonished the Commissioners secretly what might become of them, their Honours, goods, and posterity, if the kingdom should be so transferred: but the Treasurer shown them that the kingdom of England could not be transferred, but to descend by the right of succession according to the laws. She requested that she might be heard in a full and open parliament, or that she herself might speak to the Queen (whom she hoped would have respect unto a Queen) and the Counsellors. And then rising from her seat with a cheerful countenance, she spoke a few words aside with the Treasurer, Hatton, Walsingham, and the Earl of Warwick. These things being done, the Assembly or meeting was adjourned unto the five and twentieth day of October, in the star-chamber at Westminster. Thus much of this matter out of the Commentaries of Edward Barker, principal Register to the Queen's majesty, and of Thomas Wheeler, a notary public, Register of the Audience of Canterbury, and of other credible persons that were present. And in this manner the Queen thought good to have her tried, although the Lawyers, who are so curious in the examining of words, and following of forms, rather than in the expounding of the laws themselves, that according to their form of law, she was to be called to trial in the county of Stafford, and to be brought to hold up her hand at the bar publicly before the Bench, and to be tried by twelve men, saying this indeed was a sweet and goodly form of judgement against a Prince. But to avoid and put away such absurdities, she thought it better to refer so great a cause unto the Noblemen of the Land, and realm, and to the judges; and this scarce sufficeth, when as (said she) all men's eyes are cast upon us Princes, as being set aloft, as on a high scaffold, so that in us even the least blemish or spot is seen afar off, so that we are carefully to provide that we do nothing unworthy of ourselves. But to return where I left: At that day met all the Commissioners (but the Earls of Shrewsbury and Warwick, who were then sick) and after that Naws and Curlus had affirmed and confirmed before them, that every and singular the letters and copies of letters, which were produced before, to be most true upon their oaths, viva voce, voluntarily without hope or reward; the sentence against the Queen of Scotland was pronounced and confirmed with the seals and subscriptions of the Commissioners; and recorded in these words: By their assent, consent and accord, they do pronounce, give, and say their Sentence and judgement, at the day and place last rehearsed, that after the end of the aforesaid Session of Parliament, specified in the aforesaid Commission, viz. after the aforesaid first day of June, in the 27. year aforesaid, and before the date of the said Commission, diverse things were imagined and compassed within this realm of England, by Anthony Babington and others, with the privity of the said MARIE, pretending title unto the crown of this realm of England, tending to the hurt, death and destruction of the royal person of our said Lady, the Queen. And to wit, that after the aforesaid first day of June, in the seven and twentieth year abovesaid, and before the date of the aforesaid Commission, the said MARIE pretending title unto the crown of this realm of England, compassed and imagined within this realm of England diverse things tending to the hurt, death and destruction of the royal person of our Lady the Queen, against the form of the Statute specified in the aforesaid Commission. Of this Sentence which depended wholly on the credit of the Secretaries, neither were they brought face to face, according to the first Statute of the 13. year of Queen ELIZABETH herself, was very much speech and different amongst men, some judging them unworthy of credit, and others again thought them worthy to be believed. I have seen the apology of Naws written unto King James, in the year 1605. in the which he doth laboriously excuse himself, in protesting that he was neither the Author, nor persuader, nor first discoverer of that plot or device, neither that he failed at all in his duty through negligence or incircumspection, but rather that he stoutly did impugn the heads of the accusations against his Lady this day. Which thing yet doth not appear by the public records. But the same day it was declared by the Commissioners, and by the judges of the realm, That that Sentence did derogate nothing from James King of Scotland in his right or honour, but him to be in the same place, estate and right, as if that Sentence had not been given at all. In a short time after there was a parliament holden at Westminster, in the which the Estates of the kingdom who had approved and confirmed by their voices the sentence pronounced against the Queen of Scotland, by one consent and accord delivered by the Chancellor unto the Queen a supplication, in which they most earnestly besought her, that for the conservation of the true religion, the tranquillity of the realm, safety of the Queen, the good estate of them and of their posterity, the sentence given against MARY Queen of Scotland according to the Law might be published. They fetched their reasons from the dangers hanging over the heads of their Religion, her royal Person, and realm, by her who nursed up in the Religion of the Papists, and sworn one of the Holy League to root out the Religion of the Protestants, had challenged long the realm as due to her, and had thought it a most just thing to oppugn a woman excommunicate, and meritorious to deprive her of her life. She had subucrted and overthrown the flourishing families of the realm, and laid fuel unto all plots contrived and tumults in England. To spareher, was no other thing but to undo the people, who will take it in evil part if she be suffered to escape without punishment, and will not believe themselves freed from the oath of the Association, except she were put to death. Lastly, they called to her remembrance what fearful examples of God's punishment there were against King Saul for that he killed not Agag; and upon Achab, for that he killed not Benadad. Thus said the States of parliament. The Queen with a majestical countenance and voice answered unto this effect: The benefits of almighty God are so great and so many toward me, that I do not only acknowledge them most humbly, but do admire them as miracles, forasmuch as I cannot express them in words. Although there be no mortal man more beholding to the majesty of God than I myself, so oft times delivered from dangers not without miracle; yet I am not indebted more than for this only thing, which I account as a miracle; that is to say, That as I received and took upon me the government of the realm with the full consent and good will of all, so I see perfectly the same, if not your greater love and good will toward me, after that XXVIII. Years be expired: and if I should fail therein now, and that it did not continue still, I might perchance be perceived to breathe, but surely not to live. But now although attempts be made against my life, nevertheless nothing troubleth me more, than that she who is of the same sex, of the same stock and lineage, and also of my blood and kindred, hath been accessary to the same. And I am so fare off from being malicious toward her, as that when some plots against me came to light, I wrote unto her, that if she would confess them in her private letters unto me, they should be wrapped up in silence. Neither did I write thus with this mind, to ensnare her, for that whatsoever she could confess, was known to me. Yet nevertheless though things are come to this pass that they are, if she would truly repent, and that none would undertake her cause against me, and that hereupon my life only, and not the safety of all the people did depend (I would not have you think I fain) I would truly most willingly forgive her: yea if England by my death might flourish more, and have a better Prince, I would most readily lay down my life; for I do desire not to live, but for the good of the people, and not of myself. Neither is there any cause, having lived in that manner as I have, why I should desire to live, or fear to die. I am not ignorant of all kind of lives, for I have obeyed, and I have governed; I have had good neighbours, and also evil; I have found treachery where I trusted: I have evil bestowed benefits, and I have been evil reported of when I have done well. When I call these things passed to mind, see and behold the things present, and expect future things, I think them most happy who die soon: against such evils as these I put on a manly mind, that whatsoever befall unto me, death may not take and find me unprovided. As concerning these treasons, I will not so prejudicate myself, or the laws of my kingdom, that I do not think but that she the author and contriver of this treason, is a subject, and liable by the ancient laws, although this new law had never been made; the which nevertheless was not enacted directly to entrap her, as many folks that favour her do suspect and imagine. It was so fare off from being made to ensnare her, that it was rather done to premonish and deter her from attempting any thing against it. And since that it hath the force of a law, it was thought meet to proceed against her by the same. But you Lawyers be so curious and precise in examining the words and letters of the law, and following your formalities, rather than in the expounding the laws themselves, that by your forms she was (as is said before) within the county of Stafford in person to be arraigned, standing at the bar, and holding up her hand, and to be tried by the verdict of twelve men. Assuredly it were a goodly form of judgement upon a Prince. To avoid such like absurdities, I thought it most fit to refer so great a cause to be examined by the nobility and judges; and this is scarce sufficient, for that the eyes of all men are fixed on us that are Princes, standing aloft (as it were) on a theatre or Stage, and in us the least blemish is seen, be it never so fare off: so that we are very carefully to provide and beware that we commit and do nothing unworthy of ourselves. But you by this new law have brought me into a very great strait, that I should set down the determination for the punishment of her, who is a Princess most near to me in blood, and whose attempts and plots have so grieved my heart, that not to increase it by hearing the same rehearsed, I willingly ablented myself from this assembly of parliament, and not for fear of some lying in wait to kill me, as some imagine: yet I will utter this secret (though I be no blab) I saw with these eyes, and read the oath wherein some have bound themselves to kill me within a mon●th space. From hence I foresee your danger, and I will take a great care to refel the same. Your Association for my safety I have not forgotten, yet I never so much as thought of such a thing before the same was showed me under their hands and seals. The same hath tied me unto you in strong bonds of good will for your love unto me, who seek for no other solace and comforts than from the love of you, and of the commonwealth. But for as much as the matter which is now treated of, is seldom seen, and for that there be few examples thereof, and is a matter of very great moment, I entreat you not to expect that I should make an answer and set down my certain determination, for it is my use and custom even in smaller matters, to be advised a good space in things which are but once to be determined. I will desire earnestly almighty God to pour the shining beams of his light into my mind, that I may perfectly see and behold what may be best for the good and profi● of the Church, the commonwealth, and your safe●ie. Yet lest delay may bring danger, I will in convenient time signify unto you what my mind is. And so the twelfth day after, when she had considered more advisedly on the matter, she, as it were, in her doubtful mind distracted, and not able to resolve what to do, requested them (sending the Chancellor unto the nobility, and Puckering unto them of the Lower house) more diligently to advice and consult of so weighty a matter again, and to device some more wholesome remedy, whereby the life of the Queen of Scotland might be spared, and her security procured. When they had deliberated and consulted much, and a long time, and had judged both the good and the evil of the Prince to concern all men, they fall again to the same opinion with one voice, and for these causes: For that the Queen could not be in safety, as long as the Queen of Scotland lived, except she repent seriously, and acknowledged her crimes, or else was tied and kept in a straighter prison, and with deeds of writing under her hand, or by oath, or should give hostages, or departed out of the realm. They hoped for no repentance in her, since that she had evil requited the Queen, who had given her life unto her, and had not yet acknowledged her crimes. They held and accounted straighter custody, writings under her hand, oath and hostages as nothing, for as much as these things vanished in smoke, presently as soon as the Queen was dead or made away; but if she departed out of the realm, they feared she would forthwith advance her Standards to invade the kingdom. When the Chancellor, and Puckering, Speaker of the Lower house, had declared these things at large, urging to have the sentence put in execution, For as much as it was injustice to deny the execution of law, if it were to any one of her subjects that desired it, much more to all the Englishmen efflagitating it so much with one voice and one heart. unto whom the Queen made a Speech in this manner. That journey is very grievous by the which both whilst it is going, and when it is ended, nothing is gotten but trouble and vexation. I am very much troubled and vexed this very day, as much as at any time, whether I should speak or hold my tongue: If I shall speak and not complain, surely I shall fai●e; If I hold my tongue, your labour is lost; but if I complain, it may seem strange: yet I confess, I have much wished that for your security, and withal for my safety, some other way might have been devised, than that which is now propounded. So that I cannot but complain before you, though not of you, since that I understand by your petitions, that my safety dependeth wholly on the death of another. If any think that I have prolonged the time, to procure vaingloriously the commendation of clemency, they do● me much wrong, which thing God who searcheth the secrets of all men's hearts, knoweth best. It th●re be any that think that the Commissioners durst not pronounce any other sentence, lest they should seem to displease me, or to have been careless of my safety, they wrong me exceedingly; for either my servants failed in doing their duty, or else they signified on my behalf unto the Commissioners that my will was, and that I commanded that every one should do freely according as they thought in their minds, and that they should privately impart unto me those things which they would not utter publicly. It was out of my abundant good will toward her, to desire to have another course or means devised for this mischief. But now since it is most certain, that I and my safety are in a deplorable estate, except she be rid and made away, I am sorry at my heart, that I who have pardoned and given life to so many Rebels, and have neglected so many Treasons, by conniving or holding my peace, may seem now at the length to use cruelty and ●eucritie toward so great a Prince. Since the time I came unto the crown, I have seen many Libels scattered abroad against me, as against a Tyrant: God send the writers of them good luck. I believe that they would say some new things, and truly it seemeth strange to me, to be noted for a Tyrant, I wish it were as strange to hear of their impiety. What will not they publish in their writings, when they shall hear that I have consented, that the hangman shall ●mbrue his hands in the blood of my next Cousin? I am so fare from cruelty, that to conserve my life, I would not use any violence against her, neither have I been so careful to lengthen out mine own life, as I have laboured to conserve the life of us both, and I am immeasurably sorry that now it cannot be done. I am not so void of wit, but that I see the dangers that be near me, nor of that peevish folly-wit whet and sharpen the sword wherewith to have my throat cut, nor of that careless sloth, that I will not stir to save mine own life. But I imagine this thing with myself, that there be many who will put their lives in danger to save the life of their Prince, of whose number yet I do not profess myself to be. These things I have considered in my mind. But since that many have written and spoken bitterly against me, let it be lawful for me to make an apology for myself, that you may see for the safe●y of what woman you have taken so much pain. As I do make a thankful remembrance of your vigilancy and watchfulness; so I cannot, nor shall not give you equal thankes, if I had as many life's left as every one of you have. Assoon as I took the crown on me, not forgetting God the giver thereof, I began my reign with his worship and Religion, in the which I was brought up, and in which, as I hope, I shall die: though I be not ignorant what dangers environed me at home for the alteration of Religion, and what potent Kings of the other profession abroad, shown themselves my enemies; yet nevertheless I was not moved: for I knew that God, whom I chief respected, would defend me and my cause. Upon this proceeded and grew so many plots and conspiracies against me, that I might have wondered how I should escape, if God had not helped me beyond my hope. Then that I might make greater progress in the art of government, I studied much and long what things were the fit parts for a King, and I found out by search, that it was very necessary that they should be furnished with those Cardinal virtues, justice, Temperance, Prudence, and Fortitude. My sex doth not permit me to arrogate unto myself these two latter, which belong properly unto men, but of the former and the milder virtues (as I may call them) I dare say this without vanterie, I have kept the highest and lowest in awe alike, I have raised no man whom I have not thought worthy, I have not been credulous of belief in hearing tales. I have not corrupted judgement with a foreiudgement, without hearing the cause; yet I cannot say, but that many things may be told me as truth,, upon the too much partiality of the parties, For a good and wary Prince is often sold, for that he cannot hear all things himself. But this I can aver and avow for truth, According to my capacity, I have always made judgement subject unto Truth. As there was one who admonished his friend to make no answer unto a question, before he recited the Alphabet; so I did never determine any thing rashly and in haste. Therefore, as concerning your consultations and advices, I acknowledge them to be studied, provident and wholesome for my better conservation, and to grow and proceed from your hearts, both sincere and most devoted unto me, so that it is my part to strive with all my power, not to seem, or to be ingrate unto them that deserve so well at my hands. And as concerning your Petition, I beseech and request you that you will be content with an answer without an answer. I approve your judgement, I conceive your reasons, yet I pray you excuse the doubtful care of studying and considering in this business which tormenteth me. Take in good part my most thankful mind unto you, and also this answer, if you think it an answer. If I shall say that I will not do that which you request, perhaps I shall say that which I do not think; but if I shall say I will do it, I shall precipitate myself, whom you wish to be conserved, into utter destruction: which thing I assuredly know in your wisdom you would not, if you consider thoroughly the places, the times, and the manners of men. After these things done, the Assembly of the Estates of parliament was prorogued. About the same time the Lord Buckhurst and Beale are sent to the Queen of Scotland to signify the sentence given against her, and that the same as most just was approved and confirmed by the authority of parliament, and that the States did very much urge the same in reason of justice, security, and necessity; and therefore should persuade her that acknowledging her sins against God and the Queen, she might by this repentance before her death, purge and cleanse her from her sins; insinuating, that as long as she lived the Religion received in England could not stand firm. Hereupon she with an unwonted alacrity and cheerfulness seemed to triumph, giving thankes to God, and rejoicing to herself, that she was accounted an instrument for the re-establishment of Religion in this Island: And vehemently besought them that she might have a Catholic Priest to direct her conscience and administer the Sacraments: and utterly rejected the Bishop and Deane, whom they commended as fit men for that purpose, and gave the English nation a bitter taunt, in saying oftentimes, that the Englishmen had used cruelty toward their Kings in killing them now and then, so that now it was not strange if also they exercised tyranny on me borne and come also of their blood. L'aubespineus the French ambassador stopped and stayed a little the publication of the judgement; but some Courtiers diligently labouring in it, in the month of December it was publicly proclaimed thorough the city of London, the mayor, the Aldermen, and principal Citizens being present, and afterward thorough all the realm. In the preface the Queen did in earnest manner protest that this Proclamation was wrung out and extorted from her, not without great anxiety of mind, by great necessity, and the most vehement obtestations of the Estates of the realm, though there were some who thought this to be spoken by a woman's policy, who desire to seem always to do that which they do by coaction, though they desire it never so much. The diuulging of this direful and doleful Proclamation being told unto the Queen of Scotland, she was so fare off from being dejected, that rather with a resolved and stayed countenance she gave thankes unto God, with lifting up her hands unto heaven. And although Powlet her Keeper deprived her of all dignity and respect, and she was no more accounted of but as a mean woman of the basest rank, yet she endured it with a most quiet mind. But having gotten leave of him with too much ado, by letters unto Queen ELIZABETH dated the nineteenth day of December, she declareth herself free from all malice and hateful mind against her, giveth thankes unto God for that sentence of death, who would have the end of her sorrowful life to come. She intreateth her that she may be obliged and beholden unto her only, and not unto others, for these benefits that follow, since that she could expect and look for no good from the hot-minded Puritan, who carried all away in England. First, that when her enemies were glutted and satisfied with the shedding of her innocent blood, that her body may be carried by her servants to be buried in some hallowed ground, especially into France, where her mother resteth in peace; since that violence hath been offered unto the ashes of her forefathers and ancestors in Scotland, and the Churches either pulled down or profaned; neither could she hope for a burial with Catholic rites in England, amongst the ancient Kings the ancestors to both of them: so that at last her body may rest, which conjoined to her soul did never rest nor had quiet. The second was (forasmuch as she feared the secret villainy of many men) that she might not be put to death secretly, without the knowledge of Queen ELIZABETH, but in the presence of her servants and others, who might bear true witness of her faith toward Christ, her obedience to the Church, and the end of her life, against the false rumours which her adversaries might spread and device. The third was, that her servants might freely and peaceably departed, and might go whither they would, and enjoy the legacies she had bequeathed unto them in her Testament. These things she requested very earnestly in the name of Jesus Christ, by the soul and memory of HENRY the seventh, progenitor to them both, by the royal honour that she had borne. Then she complained, that all royal furniture was violently taken away by the commandment of some of her Counsellors, and forebodeth that their malice would break out unto greater matters. And addeth, if they had shown the letters and papers taken away without fraud and sincerely, that it would have plainly appeared, that there was no other cause of her death, than the too scrupulous care of some men of the security of Queen ELIZABETH. Lastly, she earnestly desired her to write a few words with her own hand concerning these matters. But whether these letters came ever to the hands of Queen ELIZABETH, I cannot say. But sundry men talked in sundry manners according to their sundry wits, of this matter; not to speak of the clergy men of both sides, who are for the most part vehement in their opinions. There were some plain and indifferent weighers of matters, who thought they dealt very rigorously with her, for that she was a free and absolute Princess, above whom none had any authority but God alone, for that she was so very near of kin unto Queen ELIZABETH, who also had promised very liberally in the word of a Prince, unto her driven out of her realm, as soon as she was arrived in England, by Henry Middlemore, all humanity, courtesy, and rights of hospitality; and yet on the other side had detained her in prison, and had violated the sacred bonds of friendly familiarity. That she could be in no other estate than of one taken in the war, and that all the means of getting safety and liberty is lawful to them that be taken in the war. That she could not offend in the case of treason, in that she was no subject, and the like hath no power over the like; and that thereupon the judgement of the Emperor against Robert King of Sicily was void and of none effect, for that he was not subject unto the Empire. That the ambassadors of Princes, if they shall conspire against the King unto whom they are sent ambassadors, are not touched as traitors, much less the Princes themselves. And that the Affect is not to be punished, except the Effect follow. And it was never heard that a Prince was put to death by the hand of an executioner. Moreover, that she was condemned against the Law of God, the civil Law of the Romans, and the laws of England; yea, against the first Statute of the parliament in the XIII. Year of Queen ELIZABETH herself, in the which it was enacted, that none should be arraigned for conspiring against the Queen's life, but by the testimony and oath of two lawful witnesses, to be brought forth face to face against the party arraigned: and in this judgement no witness was produced, but she was oppressed and cast by the testimony of her Secretaries, who were absent. Men also disputed of both parts of the credit of servants, men in prison, and the testimony of them of one's household. And that word of the Emperor Hadrian was commended, Credit is to be given unto witnesses, and not unto testimonies. These men also to themselves, or their assured friends, complained, that busy fellows were suborned, who by dissimulation, counterfeit letters, and contrived devices, had cunningly deceived a woman easy to be wronged, and greedy of liberty, sp●ed out and prevented her purposes, and had drawn her into the worse, which she had never thought on, if she h●d been kept with fitting care, and such like secret and crafty plotters sent on purpose: That it is an ordinary thing for Courtiers in all ages, to urge and drive them that be hated, even against their will, into the crime of Treason, and craftily to breed trouble unto unwary Innocence that is once imprisoned. There were others who thought she was not a free and absolute, but only a titulary Queen, because she had made a Session, and passed away her kingdom to her son, and had submitted herself unto the protection of the Queen of England, when she came first into England, and as by well doing she had and enjoyed the benefit of the laws; so in doing evil, she might be subject unto the equity of the same laws, according unto that saying of the Lawyers, He that offendeth against the Law, deserveth not the benefit of the Law. Otherwise, the condition of a foreign Prince, offending in the realm of another Prince, should be better than the condition of a King reigning well. They also thought her to be a subject, although not Originary, yet Temporary, for that two absolute Kings (as concerning royal authority) cannot be at one time in one kingdom. That this is a received and ruled opinion of the lawyers, The King out of his territory (except it be in a voyage of war) is a private man, and therefore can neither bestow nor exercise any Regalities. moreover, that she hath lost by her fault absolute government, and that subjects even in their habitation or house may commit treason. And as for kindred, there is no Alliance nearer unto any one, than their country, that is to be unto us another God, and our prime and dearest Parent. And as for the promises of humanity and courteous entertainment promised, that they be not privileges to commit wicked facts afterwards without punishment. That promises are to be understood, Things remaining in the same state, and not changed. He that hath committed a fault, deserveth not to enjoy the security promised: And indeed that the law and right of a guest entertained are holy, but that the right of our Country is more sacred: Princes do never bind their own hands, and that all are bound and obliged more strongly unto their country, than to their own promise. And if she were to be dealt withal, as with one taken in the war, they objected, I know not out of what Author, Those captives are only to be spared, from whom we do not fear any vexation or trouble and not any others. That the equal hath power upon the equal, as often as he doth submit himself unto the judgement of his equal, either expressedly in words, or covertly in contractation, or in offending within the jurisdiction of his equal. That the Pope did adnull and abrogate the sentence of the Emperor against Robert King of siailias, for that the fact was not committed in the territory of the Emperor, but in the Dominion of the Pope. That Ambassadors, because of the necessity of Ambassades, are favoured and allowed to be inviolate by the law of Nations, but not Kings practising in the Dominions of another King. Furthermore, that in treason the affect without the effect is to be punished. And that to plot to kill the Prince, yea to know it, and to conceal the plot, is accounted treason. That many Kings have been condemned and put to death, namely, Rhescuporis King of Thraçia, by Tiberius, Licinius and Maximianus, by Constantine the Great, Bernard King of Italy, Conradinus King of Sicily, etc. Moreover, which may stand in stead of all, That the safety of the people is the chiefest law, and that no law is more sacred than the safety and welfare of the commonwealth. That God himself hath enacted this law, that all things that were for the good, profit, and benefit of the commonwealth, should be accounted lawful and just. Moreover, that Secretaries were not to be reckoned amongst bondmen, and that the testimony of ones household is to be received about those things which were done secretly at home. But it was argued more narrowly, whether accusers voluntarily sworn, and accessary in criminal matters, are to be produced face to face, to defend and prove their accusation. Lastly, it was granted that there is no great example extant, which hath not some iniquity therein. These and such like were debated and argued to and fro▪ in every man's mouth. In the mean time the King of Scotland, so great was his piety unto his mother, laboured all that possibly he could by William Keith, neither did he omit any thing fit for a good and pious son, and a most prudent King, but with no success at all, forasmuch as the Scots were torn in pieces with factions amongst themselves, and more favoured Queen ELIZABETH, than the captive Queen, in so much that many of them did privily solicit Queen ELIZABETH by their letters, to hasten her punishment; and the Scottish Ministers being commanded by the King, to commend the safety of his mother, unto God, in their prayers, in all their Churches; such was the hatred unto the Religion she professed, that they obstinately refused so to do: yet he, as he had before, with often messengers, and almost continual letters, made request unto the Queen. Now he plied her exceedingly, with more often and most vehement messages and letters: In which he complained, That it was most unjust and unfit for the nobility, Counsellors, and subjects of England, to give sentence upon a Queen of Scotland, and she borne of the royal blood of England, and a thing no less unjust, even but to think that the parliamentary Estates of England, by their authority, had power to exclude the true and certain heirs of their right of succession and lawful inheritance (which many men now and then threatened to fear him.) He sent also Patrick Grace, and Robert Meluin, who signified to the Queen, That he, for the great love and familiarity between them, cannot believe, but she would conserve her famous renown, she had acquired in every place by her virtues, but especially by her clemency, unspotted without all stain of cruelty, and would not by any means defile and pollute the same with the blood of his mother, who was of the same royal condition, of the same blood, and of the same sex, and the which he (for as much as the blood of the mother did possess in him a great reverence) could not leave unto the tyranny of them, who for a long time since have thirsted for the destruction of him, as well as for his mother's destruction now. In other letters, after he had at large discoursed, how he was grieved and tormented in mind, and distracted, concerning so great a matter that touched and bound him, both in respect of nature and honour, and into what danger and loss of credit he was cast, if any violence was used unto his mother, he out of his inward grief and filial affection propounded unto Queen ELIZABETH, whereupon she might study attentively. How much it concerneth his Honour, who is both a King and her son, if his most dear mother, and the same also an absolute Prince, should be put to an infamous death by her, who is most nearly joined by the bands of blood and league. Whether by the law of God any thing may be done justly by form of law unto them, whom almighty God hath appointed the sovereign Ministers of justice, whom he hath called Gods on the ●arth, whom he hath anointed, and being anointed, forbade to be touched, will he suffer them to be violated without punishment? How prodigious a thing it is to subject an absolute Prince unto the judgement of subjects; yea how monstrous a thing it were, that an absolute Prince should give first this pernicious example, to profane their own and other Prince's Diadems? Moreover, what should urge her unto this severity, Honour, or Profit? If Honour, she might acquire more honour by sparing her, for so with the eternal praise of clemency, she might bind him and all the Princes of Christendom with a benefit, whom otherwise she could not but alienate with loss of her good report, and mark of cruelty. But if utility moved her, she was to consider whether any thing can be profitable, but that which is just and honest. And ended beseeching her, that his Ambassadors might bring back such an answer, that may be most worthy of a most pitiful Queen, and not unworthy of the King and her most loving Cousin. But when as the Ambassadors out of season mingled threats amongst their requests, they were less acceptable, and sent away within few days with very small hope. Pomponius Bellieurus, who was sent by the French King for the same cause, when he was come unto the Queen, having in his company L'aubespineus of Castro novo, the ordinary Ambassador, and had in few words signified, how the French King was distracted on this side, for his singular love toward her, and on that side, for the straight familiarity and affinity between him and the Queen of Scotland, he propounded in writing these things and the like, once or twice. The most Christian King of France, and all other Kings are interessated, that a Queen, and free and absolute Princess be not put to death. The safety of the Queen may be more endangered by the death, than by the life of MARY: that she being delivered out of prison, can attempt nothing against the Queen, for that she was sickly, and could not live long. That she challenged and claimed the kingdom of England, was not to be laid to her charge as a fault, but was to be ascribed to the tenderness of her age, and her naughty counsellors. That she came into England to entreat help and favour, and therefore the less justly detained, and that now at length she was to be let lose upon some ransom agreed upon, or else to have mercy used to her. Moreover, that an absolute Prince is not to be called in question of his life, in so much that Cicero said, It is so unusual for a King to be arraigned, that it is a thing never heard before this time. If she be innocent, than she is not to be put to death; if faulty, to be spared, for this would prove more to her honour and utility, and it should be the eternal example of the clemency of England. To this intent the history of Porsenna was rehearsed, who pulled the hand of Mutius Scevola, who had conspired to kill him, out of the flames of fire, and dismissed him. That the first precept of reigning well, is to spare blood, that blood calleth for blood, that it cannot be otherwise thought but to be cruel and bloody to use tyranny toward her. That the French King will do all his labour, and use all diligence, that the attempts and endeavours of all that plot any thing against the Queen, may be repressed and stopped: And that the Guises, the kinsmen of the Queen of Scotland, would swear the same, and confirm it with their hands and seals, who, if she be put to death, will take it in very evil part, and perhaps will not suffer it to be unrevenged. Lastly, they requested that she should not be used according to that rigorous and extraordinary judgement, if not, that the French King could not but take it in very evil part, and be much offended, howsoever all other Princes may take it. Unto these writings answer was made in the margin unto every article thus: That the Queen of England doth hope that the most Christian King of France will have no less regard and respect unto her, than unto the Scottish Queen, who plotted to kill an innoccnt Prince, her next cousin, and the King's confederate. And that it is behooveful unto Kings and commonwealths, that mischievous actions (specially against Princes) be not left unpunished. That the Englishmen, who acknowledge only Queen ELIZABETH to be Supreme governor in England, cannot at once acknowledge two sovereigns, free and absolute Princesses in England: neither that any other whomsoever, whilst she lived, was to be taken as equal with her. Neither could they see how the Scottish Queen and her son that now reigneth, can be accounted at one time sovereign and absolute Princes. Whether that the Queen's safety may be exposed unto greater dangers, if she be put to death, dependeth upon contingency and uncertainty hereafter; that the Estates of England, who have studied seriously on this point, think otherwise, to wit, that there will never want occasions of plotting mischiefs during her life, especially for that matters are now come to that pass, that there is no hope left for the other, except the other be extinguished or taken away; and this sentence may come often to mind, Either I her, or she me. The shorter her life is, with the more speed the conspirators for this cause will accelerate and hasten the execution of her plots. That she would not hitherto renounce and give over the right she claimeth and challengeth unto the realm of England, and that for that cause she hath been most rightfully detained in prison, and is still to be detained (although she came for succour and help into England) until she have renounced and given over the same: And that she ought to sustain punishment for the faults she hath committed in prison, for what cause soever she was put into prison. That the Queen also hath pardoned her most mercifully, when she was condemned by the consent of all the Estates for the Rebellion raised in the North, to make the marriage between her and the Duke of Norfolk, and to spare her again were a fond and cruel kind of mercy. That none are ignorant of that saying of the Lawyers: An offender in the territory of another, and there found, is punished in the place where the ●ault is committed, without any regard or respect of dignity, honour, or privilege. And that the same is evident as well by the laws of England, as also by the examples of Licinius, Robert King of Sicily, Bernard King of Italy, Conradinus, of Elizabeth Queen of Hungary, of Joan Queen of Naples, and of Deiotarus, for whom Cicero pleading, said it was not unjust for the King to be arraigned, though it were unusual. For the words go thus; Quod primùm dico de capite fortunisque Regis: Quod ipsum etsi non iniquum est, in tuo duntaxat periculo, tamen est ita inusitatum, etc. That she who hath been found guilty by a lawful judgement, is to be put unto execution, forasmuch as that which is just is honest, and that which is honest, is also profitable. That the History of Porsenna did not agree unto this matter proposed, except one should think that there is a long train of them who seek to hurt the Queen, and could persuade her to dismiss her without any hurt, out of fear, and some little respect of honour, but no regard of her own safety: as Porsenna sent Mutius away, when he had avowed that there were other three hundred who had conspired to kill him. Moreover, that Mutius ventured upon Porsenna in a war proclaimed, and by the sending of Mutius away, he persuaded and assured himself, that he had escaped all danger. Blood is to be spared, that is, the innocent. God commanded this: It is true, that the voice of blood crieth for blood, and that France, before the massacre of Paris, and afterward, can witness this. That a punishment justly inflicted, cannot be thought to be bloody, no more than a medicine, prepared and made as it ought, fitly for the sickness, can be accounted violent. Howsoever the Guises, cousins unto the Scottish Queen, take it, the Queen hath more occasion, and it concerns her more, to respect and regard rather the safety and good of her nobility and people, of whose love she wholly dependeth, than the displeasure of any other whosoever, and that matters were now come unto that pass, that that old proverb of the two Princes, Conradino the Sicilian, and Charles of Anjou, may be used and truly said of the two Queens, THE DEATH OF MARIE, THE LIFE OF ELIZABETH, AND THE LIFE OF MARIE, DEATH OF ELIZABETH. That the promises of the French King, and of the Guises, cannot give assurance of security unto the Queen and the realm, much less make amends for her death, if she be made away. That the French King cannot find out the secret plots contrived against him at home, much less against the Queen of England. For that treason is closely handled, and therefore inevitable and unavoidable. If the wicked fact be once done, what will it do good to challenge their promise? How may the loss for the death of an incomparable Prince be repaired or recompensed, and what remedy may be found for the republic giving up the ghost with her, in a most lamentable confusion of all things? The hand-writings of the Guises, who think it a meritorious act to dispatch them who are enemies to the Pope, and may very easily obtain and get dispensations for their oath, be of small moment, or importance, or of none at all. And what English man is it that will accuse them for killing the Queen ELIZABETH after her death, and after that the Queen of Scotland being of the Family of the Guises, is installed in the crown of England? What? can one recall her back unto life thereby? But in that the Ambassadors have called this judgement rigorous and extraordinary, they have said it without due consideration (for as much as they have neither seen the process nor the probations) and have too bitterly taxed the Estates of the realm of England, men of great account, chosen for their nobility, virtue, prudence and piety: yea moreover, that they have absolutely spoken such like words, as if they came from the French King, very inconsiderately, making show that they would fear with their threats and menaces, the Queen, and the Estates of the realm. That the Englishmen are not accustomed to be terrified with threats of the Frenchmen, from taking a course and means to establish and settle their security, for as much as they in the mean time did not show nor demonstrate any fit or convenient way or means of averting or putting away the instant and imminent dangers of England. But the malicious and spiteful enemies of the Queen of Scotland, took occasions all they could of hastening her death, and caused (the more to affright Queen ELIZABETH, knowing well that in the greatest danger of safety, fear doth exclude all mercy) false rumours to be spread in every place of England daily, with fearful out-cries, viz. That the Spanish Eleet were already arrived in the haven of Milford, that the Scots had invaded England, that the Duke of Guise was landed with a strong army in Sussex, that the Qu. of Scotland was escaped out of prison, and had levied many soldiers, that the Northern men were up in rebellion, that there were other Ruffians, who had conspired to kill the Queen, and to burn the city of London, yea and that the Queen was dead, and other things of like kind, which either crafty people or men afraid, use to feign in their own conceits, or to increase out of an inbred desire or humour, to nourish and uphold rumours; and Princes, who are upon curiosity credulous, take quickly hold of. By such like bugs and formidable arguments, the Queen's mind wavering, and in great care, was by them drawn so fare, that she signed letters, by which the mortal sentence of death was commanded to be put in execution, and one of the chiefest persuader (as the Scots say) was Patrick Grace, a Scot, sent by the King of Scotland to dissuade the Queen from putting his mother to death, who oftentimes would beat into the Queen's ears that old word (Dead men do not bite.) But she being by nature slow in her doings, began to balance in her mind, whether it were better to take her out of the way, or to spare her. Not to put her to death, these things moved her: Her inbred clemency, lest she should seem to use cruelty against a woman, and she a Princess, and also her kinswoman, fear of infamy with the posterity out of the histories, and the dangers hanging thereon, as well from the King of Scotland, who should then come a step nearer unto the hope of England, as from the Catholic Princes, and desperate fellows, who then would adventure on any thing. But if she spared her, she foresaw no less dangers at hand. That the Noblemen, who had given sentence against the Queen of Scotland, would closely purchase favour with her, and her son, not without her danger, that the rest of her subjects that were very careful and desirous of her safety, would take it in evil part, when they saw themselves to have lost their labour, and thenceforth would neglect her safety; many more would join themselves unto the profession of the Papists, and conceive greater hope, when they saw her conserved, as it were, by the decree of heaven, unto the hope of the kingdom; that the Jesuits and Seminarists, when they see her sickly, and fear she will not live long, would bestir themselves to accelerate the death of Queen ELIZABETH, that their Religion may be restored. The Courtiers also without any intermission, suggested these things and the like. Why dost thou spare her that is faulty and justly condemned, who subscribed unto the Association for thy safety, yet forthwith resolved to use cruelty against thee, being innocent, and by thy destruction, to tyrannize over Religion, the nobility and Commons? That mercy is a royal virtue, but is not to be showed to them that have no mercy. Let the vain and idle show of mercy give place, and yield unto wholesome severity. Your clemency hath sufficient cause of commendation in that it hath pardoned her once before: to spare her again, is no other thing but to pronounce her not guilty, and to condemn the Estates of the realm of injustice; to encourage the hearts of her agents to hasten and accelerate the accomplishment of their wicked designs, and to dishearten the faithful subjects to conserve the commonwealth. Religion, the commonwealth, thy own incolumity, the love of thy country, the oath of Association, and the care of the posterity, with conjoined prayers do beseech thee, that she who overthroweth and subverteth all these several things, may with all speed be rid and dispatched out of the way; and if they cannot obtain their request at thy hands, safety itself cannot save and preserve this commonwealth: and the Historians will publish to the succeeding age, that the most clear shining days of England under Queen ELIZABETH, ended in a loathsome evening, or rather into an eternal dark night. The posterity will find lack of our prudence, who (which thing doth accumulate our misery) could see our evils, and could not prevent them, and will impute the mass of our miseries not so much to the malice of our adversaries, as to the careless and slothful negligence of these times. Let not the life of one Scottish woman praeponderate and be of more weight with thee, than the universal safety of England. Let there be no stay nor delay used in so great a matter, for that forbearance and delay procureth danger: neither let space and time be given unto these wicked plotters and contrivers of mischief, who now will seek their last succour and help. by bold and audacious adventures, and besides their impunity, will hope for a reward for their mischievous action. He that doth not beware to avoid a danger as much as he can, doth tempt God more than trust in God. All the dangers whatsoever hang over▪ our heads from foreign Princes, by her death will be taken away, neither can they hurt England, but by her. What will and power soever the Pope hath to do hurt, will cease and come to nothing when she is gone. The King of Spain hath no reason to be angry, for that he himself, for his own 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 serve his own ambition. The French doth religiously observe and keep the amity with England, and it also much concerneth his good, that by the speedy death of the Scottish Queen, the hopes of the Guises, who relying and trusting upon the hoped and future power of their Kinswoman, do now more insolently insult over their King. The King of Scotland, both by natural affection, and in respect of his honour, may indeed be grieved or disquieted, yet in his wisdom he will expect rather to have things long after with security, than to have things in overmuch haste with danger. And the nierer he is to his chiefest hope, the further foreign Princes will hold off from joining to help him, for as much as it is familiar and ordinary for them, by one means or other, to stop and hinder the increasing power of another Prince at the beginning. They set before her eyes also domestical examples, (for as much as that which is done by example, deserveth the more to be excused) How the Kings of England carried themselves toward their Cousins and competitors for their own security; 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 Henry the sixth, and his son Edward Prince of Wales, and toward his own brother George Duke of Clarence, Henry the seveuth toward the Earl of Warwick, the young son of the Duke of Clarence, Henry the eighth toward De la Pole Earl of Suffolk, Margaret Countess of Sarisburie, and Courteney marquis of Exeter; who every one for smaller matters, if the crimcs be compared, were put to death and made away. Neither did the Courtiers alone buzz these things into the Queen's head, but also some Preachers very earnestly, and many of the commons also out of hope or fear, exercised the fantasy of their brains and wits too saucily and malapertly in this Argument. Amongst these pensive thoughts, which made the Queen so careful and doubtful, that she delighted in solitariness, and sat without any cheer, and sometimes without speaking a word, and oftentimes sighing, would mutter to herself, Either bear it, or strike home; and out of some obscure emblem, Kill, lest thou be killed; she delivered to davison, one of her Secretaries, letters signed with her hand, that a Mandate should be made under the great seal of England, for the putting of her unto execution, which might be ready, if any danger were ready to fall, and commanded him not to communicate the matter to any man. But on the next day she, whilst fear did not allow her own counsel, changing her mind, commanded davison, by William Killigrew, that the Mandate should not be made up. He forthwith came to the Queen, and told her that the Mandate was made and sealed with the great seal; She chafing, reproved him for making such haste; nevertheless, he communicated the Mandate and business unto the Queen's Counsellors, and persuadeth them, who quickly believed that which they desired, that the Queen commanded that it should be put in execution without delay: Beale, than whom there was none more evil affected unto the Queen of Scotland for Religion, is sent with one or two executioners and letters, in the which authority is given unto the Earls of Shrewsburie, Kent, Derby, and Cumberland, with others, that she should be put to death, according to the laws, (unknowing to the Queen) and although at that very time she had signified unto davison, that she would take another way and course, about the Queen of Scotland, yet he did not call Beale back. As soon as the Earls came to Fotheringhay, they came to her, with Amias Poulet and Drewgh Drury, in whose custody she was; and signified the cause of their coming, reading the Mandate, and in few words admonished her to prepare herself unto death, for that she was to die the next day. She without fear, and with a settled mind, answered, I did not think that Queen ELIZABETH, my sister, would have consented unto my death, for I am not subject unto your Law; but since it is otherwise, death shall be unto me most welcome, neither is that soul worthy of the heavenly and everlasting joys, whose body cannot endure one blow of the hangman. she requested that she might confer with her Almoner, her Confessor, and with Meluin her Steward. They in plain terms denied her confessor to come unto her; and the Earls commended the Bishop or Deane of Peterburgh for to comfort her; whom when she had rejected, the Earl of Kent being fiery hot in Religion, turned unto 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, she constantly and utterly denied that she knew of his plots; left the revenge unto God. And being demanded of that which was done by Naws and Curlus, she asked if ever it was heard, that the servants were suborned and admitted as witnesses to the death of their Masters. When the Earls were departed, she commanded them to make haste with her supper, that she might set things better in order. She supped sparingly and soberly, as her manner was. In supper time beholding her men and maidservants mourning and weeping, with an undaunted mind she bade them be of good cheer, and to abstain from sorrow, but rather to rejoice, for that she was to departed presently out of an abyss of evil. And turning unto Burgon her physician, asked him if he did not observe that the force of truth was great. They said I must die, for that I was of counsel to kill the Queen; nevertheless, the Earl of Kent insinuateth that there is no other cause of my death, but that they fear their Religion by reason of me. Neither is my offence against the Queen, but their fear they have of me, hath hastened and procured my death, whilst many seek privately their own ends and purposes under the borrowed cloak of Religion and the public good. Toward the end of supper she drinketh unto all her servants, who pledged her on their knees in their order, mingling their tears with the wine, and ask pardon for the neglect of their duty, as she also of them. After supper she read over her testament, readeth over the inventory of her goods and movables, and writ on them the names of them unto whom she appointed them: unto some she gave money with her own haud. She writeth unto her Confessor, to pray unto God for her, and also she wrote letters of commendation unto the French King, and unto the Duke of Guise, for her servants. She went to bed at her ordinary hour, and slept certain hours; being awaked, she spent the rest of the night in prayers. The fatal day beginning to break (viz. the vi. Ideses of February) she apparelled herself neatlier and finer, as she used to be on festival days, and calling her servants together, read over her Will, and requested them to take in good part the legacies she gave, since that her ability was not to bestow any more. And then setting her mind all upon God, with all humility, in her chapel, besought him to give her his grace and favour, with sighs, tears, and prayers, until the time that Thomas Andrew's, sheriff of the Shire, told her, that she was to come forth. She came forth majestically, in stature, beauty and show, with a cheerful countenance, matron-like apparel, and very modest, her head being covered with a linen ucile, and the same hanging very low, her beads hanging down at her girdle, and carrying a Crucifix of ivory in her hands. In the gallery the Earls and other Gentlemen received her, where Meluin her servant on his knees, and with tears in his eyes, lamented his fortune, that he should carry this heavy and sad news of the woeful death of his Lady into Scotland. She comforting him, said, Do not lament, but rather be glad, thou shalt straightways see MARY STVART delivered and freed from all cares. You may tell them that I die constant in my Religion, and firm in fidelity toward Scotland and France. God forgive them who have thirsted for my blood, as the Hart doth after the spring of water. Thou our God who art truth itself, and perfectly and thoroughly dost know the most secret corners of my heart, dost know how much I desire that the realms of England and Scotland might be united in one. Salute my son, and certify him, that I have done nothing that may be prejudicial unto the kingdom of Scotland: Will him to keep friendship with the Queen of England; and see that thou serve him faithfully. And then tears falling from her eyes, she bade Meluin farewell again and again. And turning to the Earls, she requested that her servants might be courteously used, and that they might enjoy those things which she had bequeathed them, that they might stand by at her death, and be sent into their Country with a safe-conduct. They promised the former things, but the Earl of Kent shown himself strange, fearing some superstition. She said, Fear not, these wretches desire to give me their last farewell. I know my sister ELIZABETH would not deny me so small a favour, as to have my maids to be present, if it be but for womanhood sake. I am most near of kin unto her, I come from King HENRY the seventh, I am Queen Dowager of France, and the anointed Queen of Scotland. When she had said thus, and turned away, she was permitted to have those of her servants present whom she would name. She nominated Meluin, Burgoine her physician, the apothecary and Chirurgeon, and two maids, and others, of the which Meluin bore up her train. So, the Gentlemen, two Earls, and the sheriff of the Shire going before her, she came to the scaffold, which was set up in the upper end of the Hall, in the which was a chair, a cushion, a block, and all covered with black cloth. As soon as she sat down, silence being made, Beale read the Commission, and she heard attentively, as if it had been another matter. Then Fletcher, Deane of Peterburgh, began a tedious speech unto her of the condition of her life formerly passed, and the present, and that to come. Once or twice she interrupted his speech, and desired him not to trouble her, and protested that she was settled in the ancient Catholic Religion, and was ready to end her life in the same. And when he persuaded her earnestly to do true penance and with a firm faith to put her hope in Christ; she answered, that she was borne and bred, and would now end her life in that Religion. And unto the Earls, saying that they would pray for her, she said, she would give them many thankes if they would pray with her, but I should offend much, if I did communicate in prayer with you, who are of another profession. Then they bade the Dean to pray, and when the whole company there assembled prayed together, she falling on her knees, carrying the Crucifix before him in her hands, together with her servants, prayed in Latin out of the Office of our Lady. After the Deane had ended his prayers, she in the English tongue commended unto God the Church, her son, and Queen ELIZABETH, and besought him to avert his indignation from this Isle, and professed that she reposed her hope in the blood of Christ, (and lifted up the Crucifix) and desired all the company of heaven to make intercession unto him for her; she forgave all her enemies, and kissing the Crucifix, and signing herself with the cross, she said, As thy arms, O Christ, were spread abroad on the cross, so with the stretched out arms of thy mercy receive me, and forgive me my sins. Then she forgave the Executioners, who asked pardon. And when her maids had taken off her upper garments, she hastening them, they cried out amain, she kissing them, and signing them with the cross, and smiling bade them farewell. Her face being covered with a linen cloth, lying on the block, she said the psalm, In te Domine confido, ne confundar in aeternum. Then as she stretched out her body, and oftentimes repeated, In manus tuas Domine commendo spiritum meum, her head was cut off at two blows. The Dean saying aloud, So let the enemies of Queen ELIZABETH perish, the Earl of Kent saying the same, and the multititude sighing and grieving thereat. Her body was embawmed, and was after buried like a Prince in the cathedral 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 alive and dead, to their great commendation. In this lamentable manner ended her life MARIE Queen of Scotland, the great granddaughter of Henry the seventh, by his eldest daughter, in the XLVI. Year of her age, and the XVIII. Year of her captivity. A woman most constant in her Religion, adorned with a wonderful piety toward God, wisdom above her sex, and was also very fair and beautiful: And is to be accounted one of those Princes, whose felicity was changed into adversity. In her infancy she was with strife desired for wife, by King Henry the eighth of England, for his son Edward, and by Henry the second, King of France, for Francis the Dolphin. At the age of five years she was carried into France, and at the age of fifteen years married unto the Dolphin. She flourished, and was Queen of France one year and four months. Her husband being dead, she returned into Scotland, and was married again unto Henry Stuart Lord Darley, and had by him James, the first Monarch of Great Britain: Tossed and turmoiled by Murrey, her bastard brother, and other her ungrate and ambitious subjects, deposed from her kingdom, and driven to fly into England, and circumvented and entrapped (as men speaking indifferently think) by sundry Englishmen, careful of the conservation of their Religion, and of the safety of Queen 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. near to the grave, an Epitaph in the Latin tongue was affixed, and forthwith taken away. MARIA scotorum REGINA, REGIS FILIA, REGIS Gallorum VIDVA, REGINAE ANGLIAE AGNATA, ET HAERES PROXIMA, virtutibus REGIIS ET ANIMO REGIO ORNATA, IVRE REGIO, frustra SAEPIVS IMPLORATO, BARBARA ET TYRANNICA crudelitate, Ornamentum NOSTRI seculi, ET lumen VERE regium extingvitur: EODEMQVE NEFARIO judicio ET MARIA scotorum REGINA MORTE naturali, ET OMNES superstites REGES, PLEBEII FACTI, MORTE GIVILI mulctantur. Nowm ET inauditum tumuli Genus, IN QVO CVM VIVIS MORTVI includuntur, HIC EXTAT: CVM SACRIS ENIM DIVAE MARIAE cineribus OMNIVM regum ATQVE principum VIOLATAM, ATQVE PROSTRATAM MAIESTATEM HIC jacere SCITO; ET QVIA tacitum REGALE SATIS superqve REGES SVI OFFICII MONET, Plura NON ADDO VIATOR. Which may be Englished thus: MARY Queen of Scotland, daughter of a King, widow of the King of France, kinswoman and next heir to the Queen of England, adorned with royal virtues, and a princely spirit, having often, but in vain, implored the right of a Prince; the ornament of our age, and the true princely light is extinguished by a barbarous and tyrannical cruelty. And by the same wicked judgement, both MARY Queen of Scotland is punished with a natural death, and all Kings living are made common persons, and punished and made liable unto a civil death. A strange and unheard kind of grant is here extant, in which the living are included with the dead, for with the ashes of this blessed MARY, know thou that the majesty of all Kings and Princes lie here depressed and violated; and because the regal secret doth sufficiently admonish Kings of their duty, O traveller I say no more. Out of this lamentable fortune of so great a Prince, the disposition of the divine providence most evidently appeared (as some wise men have observed.) For those things which the Queens, ELIZABETH and MARY, chief wished and studied to procure, by this means came to pass. Queen MARY (which also she said at her death) desired nothing more earnestly, than that the divided kingdoms of England and Scotland might be united in the person of her dear son. And the other wished for nothing more, than that the Religion by her established in England, might be kept and conserved, with the safety and security of the people. And that almighty God did hear their prayers, England to her unexpected felicity doth now see, and with great joy acknowledge. As soon as word was brought to Queen ELIZABETH, that the Queen of Scotland was put to death, she not thinking thereof, she heard it with great indignation, she looked heavily and could not speak a word, and ready to swoon for sorrow, in so much that she put on mourning apparel, and grieved exceedingly, and lamented very much. She caused her Counsellors (being reproved and forbidden her presence) to be examined, and commanded davison to be brought into the Star-Chamber. And as soon as her dolour would permit her, she in great haste wrote this letter following unto the King of Scotland with her own hand, and sent it by Mr. Robert Cary, one of the Lord of Hunsdons' sons. Dear brother, I would to God you did know, but not feel, with what incomparable grief my mind is tormented and vexed, by reason of the lamentable event which hath befallen contrary to my mind and will, which you shall understand fully by my Cousin; for as much as I cannot abide and endure to set it down by writing. I beseech you, that as God and many others can bear witness unto my innocence in this matter, so I desire you to believe, that if I had commanded it, I would never have denied the same. I am not of that base mind, that for any terror, I should fear to do that which is just, or to deny it, being done. I do not so degenerate from my Ancestors, nor am I of such an ignoble mind. But as it is not the part of a Prince to cover and cloak the sense of his mind with words, so will I never dissemble nor gloze mine actions; but I will perform that they shall come to light, and appear to the world in their colours. I would have you be assuredly persuaded, that as I know that this was done upon desert, so if I had imagined it, I would not have put it over upon any other; neither yet will I impute that to myself, which I did not so much as think. He who shall deliver you these Letters, shall acquaint and impart other things unto you. As for me, I would have you to believe, that there is none other who loveth you better, and beareth better affection to you, or that will have a more friendly care of you and your affairs. If any one suggesteth, or putteth other things into your head, I would have you to think that he beareth more good will and affection to others, than to you. God almighty keep you in health, and preserve you always. In the mean time that Mr. Cary was in his journey with these Letters, Davison was brought into the Star-Chamber, before the Commissioners appointed, viz. Christopher Wray, Lord chief justice of the King's Bench, made for that time Lord Keeper of the privy seal, the Archbishops of Canterbury and York, the Earls of Worcester, Cumberland, and Lincoln, the Lords grey, and Lumley; James Croft, Knight, Controller of the Queen's House, Sir Walter Mildmay, Chancellor of the Exchequer, Sir Gilbert Gerrard, Master of the rolls, Edmund Anderson, Lord chief justice of the Common Pleas, and Roger Manwood, Lord chief Baron of the Exchequer. Before these Commissioners, Popham, the Queen's attorney, charged davison with contempt against her majesty, violation of his faith, and neglect of his duty; that whereas the Queen out of her inbred clemency, would not have the Queen of Scotland, though condemned, to be put unto death, for causes known to herself, 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 urging her thereunto; nevertheless, had commanded a Mandate to be made for her execution, to prevent dangers that might ensue, and had committed it unto the fidelity and secrecy of davison; He being her sworn secretary, forgetting his trust and duty, and in contempt of her majesty, contrary unto which the Queen had commanded, had imparted it unto the Counsellors, and put it in execution, she being utterly ignorant thereof. Davison with great modesty, and quietly, yet with a good courage answered, That he was sorry, that in a most just cause of the Queen of Scotland, and most weighty judgement against her, if ever there was any, that he should trouble again the Commissioners, if not with the loss, yet at the least with the impairing of his reputation, which he esteemed above all other things: but he was most aggrieved that he was charged to have offended most contemptuously against her majesty, who the more she had been bountiful to him, and he more bound for her bounty, his offence might seem more heinous. If he should acknowledge himself guilty of the crimes objected, he should wrong his credit, which was dearer unto him than his life. If he should contest in his own defence with the Queen, he should do a thing unworthy of the obedience of a subject, the duty of a servant, and the fidelity of a Secretary. He protested before God and the Commissioners, That wittingly or willingly he had done nothing in this thing, but that which he was persuaded in his conscience the Queen willed: In the which, if he had carried himself to do any hurt, either by unskilfulness, or by negligence, he could not choose but be grievously sorry, and undergo willingly the censure of the Commissioners. As concerning particulars: when the Queen reproved him that he had sealed the Mandatum with the great seal in such great haste; he affirmed, That she insinuated, but did not expressly bid him to keep it to himself. Neither did he think that he committed any fault against the trust of silence put on him, since he never spoke word of this matter, but unto the privy Counsellors. unto that he did not call back the Mandatum, after that the Queen had signified unto him, that she had changed her mind, he affirmed, That it was agreed that it should be sent forthwith, and execution done, lest the commonwealth or the Queen might take some harm. Hereupon Egerton, the Solicitor, began to press davison out of his own confession, reading a piece thereof, but he requested him to read it all, and not this piece and that piece; but yet he had rather it should not be read at all, for that therein some seccrets not to be uttered were contained; and now and then interrupting him, he said, That as he would not contest with the Queen, so he could not endure that his modesty should be any detriment unto the truth and his integrity. Gaudy and Puckering, Sergeants at Law, reproved him sharply with many words, that craftily he abused the wisdom of the Counsellors, and that out of the confession of Burghley the Treasurer, unto whom doubting whether the Queen had assuredly determined of the execution to be done, he affirmed it very earnestly, as he did also unto the rest, who set their hands unto the letters of the manner of the execution. Davison with tears in his eyes, required the Lawyers not to press him so vehemently: And wished them to remember that he would not contest with the Queen, unto whose conscience, and unto the censure of the Commissioners he committed himself wholly. To conclude, by the general censure of them, he was fined at ten thousand pound, and imprisonment at the Queen's pleasure. Davison besought the Commissioners to make intercession unto the Queen for him, not for the honourable place of Secretary, which he had, or his liberty, or for the diminishing of the fine imposed, but that he might be restored unto her favour, which yet he never recovered, though she oftentimes relieved his wants. So davison an honest man without policy, and not skilful in affairs of State, was brought, as most men thought, upon the Stage amongst the Statesmen, to play his part a while in this tragedy, and strait 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 m●ny. Now I have told what was publicly done against davison; but how he excused himself privately, take briefly out of his credit, and his apologetical Narration unto Walsingham. He saith, after the departure of the French and Scottish Ambassadors, the Queen of her own mind commanded me to show unto her the Mandate of the execution of the sentence against the Queen of Scotland. And it being shown, she willingly signed with her hand, and commanded it, being thus signed, to be sealed with the Great seal of England, and jesting, said, signify this thing unto Walsingham, who was sick, yet I fear much that he will die for sorrow thereof. Moreover, she said that the causes of the delaying thereof, were, lest she should seem to be thought to be drawn thereunto upon violence or malice, when yet she knew that it was very necessary. Moreover, she blamed Powlet and Drury th●t they had not freed her of this care, and wished that Walsingham would try their minds in this matter. On the next day, when it was sealed with the Great seal, she commanded by Killigrew that it should not be done; and when I had told her it was already done, she reprehended so much haste, insinuating that some wise men thought another way might be taken. I answered that the course which was most just, was always the best and most safe. But fearing she would lay the fault upon me (as she laid the death of the Duke of Norfolk upon Burghley) I communicated all the matter unto Hatton, protesting that I would not thrust myself into so great a business; he presently imparted it unto Burleigh, Burleigh unto the rest of the Counsellors, who all gave their consent to the quick dispatch of the execution, and every one vowed to stand to it, and to stick one to another: and sent Beale with the Mandate and Letters. The third day after, when I perceived that her mind wavered, hearing her tell a dream of the death of the Queen of Scotland, I asked if she had changed her mind; she said no, but, said she, another way might have been invented: and withal asked if any answer were comefrom Powlet. And when I had showed his letters, wherein, in plain terms, be refused to take upon him that which was neither honourable nor just; she chase, said, that he and others, who had taken the oath of the Association, were perjured and forsworn men, as they who had promised many things, but would perform nothing. But I shown her how unjust and infamous this would be, and into what danger she brought Powlet and Drury. For if she approved and allowed the fact, she should draw to herself both danger and dishonour with the note of injustice; but if she disavowed and disallowed the fact, she overthrew utterly those well deserving men and their posterity. And afterwardshee, on the same day the Queen of Scotland was put to death, slightly checked me, that the execution was not done. What grief and anger soever Queen ELIZABETH conceived, or made show of, for the death of the Queen of Scotland, I am sure the King of Scotland, her only son, took it wonderful heavily, who with the most admirable piety that could be in a son, reverenced his most dear mother, and mourned and lamented for her exceedingly. For he did not think that Queen ELIZABETH, in regard of the mutual love that was between them, and the league of stricter friendship lately made between them, neglecting the so many intercessions of Princes, would have delivered his mother, a Prince of equal estate, and her nearest cousin of the Royal blood, into the hands of a base hangman. He suffered not Mr. Robert Cary, son to the Lord Hunsdon (who was sent from England to excuse the Queen, by laying the fault upon her Counsellors and davison) to come into Scotland, and hardly would hear him by another man, and with much suit received the letters he brought: Called his ambassador out of England, and threatened revenge. And some there were that persuaded him that other Princes of Christendom would not let such an injury done unto the majesty and royal name of a King, go unpunished. The Estates of Scotland who were assembled in great number, professed that they were most ready to revenge the death of his mother, and to defend his right to the crown of England, yea and to spend their lives and goods in the quarrel, and that they could not digest the injury done, not only unto the King, but also unto the whole Nation of the Scots. Some there were who persuaded the King to require aid of ships, and of a navy of the King of Denmark, unto whose daughter he began then to sue for marriage. Some who were addicted to the Roman Religion, suggested unto him, that he should rather join with the Kings of Spain and France, and with the Pope, and so he might with case get the possession of England. And above all things to give no credit unto the Protestants of England, who now ruled all, and closely plotted to destroy him also: whispering this in his ears, He that hath killed the mother, will also kill the children if he can. Some there were who secretly advised him to keep himself as neuter openly, and to hold both the Protestants and Romanists in suspense. For if that he shown himself openly for the Protestants, the Romanists of Europe will lay all their plots against him, and would set up another prop and stay in England to his great danger. Some also there were who advised him to keep a firm peace with England, and not to put his certain hope upon the uncertain fortune of war. And to be constant in his Religion, in the which if he once wavered, he should neither get nor purchase friends, nor lessen, nor diminish his enemies. Thus every man as their fancy gave, or their profit lead them, spoke. But the King being more provident, and more witty than his age gave him, used no haste, which is always blind, but weighed their counsels in his mind considerately and maturely a long time, both with himself and a very few others. But Queen ELIZABETH by laying all the fault on davison, and the rash credulity of her Counsellors, so to mitigate his grief and sorrow by little and little, lest the comfort given out of season, might more exasperate him, and so stayed until his sorrow lessened by length of time, would suffer itself to be handled. But when she saw the French egg on the King to revenge, she fearing lest he by their policies, and upon a burning heat of revenge, should be drawn away from the Religion of the Protestants, and the friendship of the English, she laboured with all her power to pacify his mind, exulcerated, and in a manner alienated from her, by all means not unworthy of a Prince. Therefore by her Messengers and Agents, and after by the Lord Hunsdon, governor of Berwicke, she proposeth these weighty and important Reasons most diligently. First, what a dangerous thing it may be for him to break into open war against England for this cause, which seemed unto the Estates of England to be as well necessary for the safety of the whole Island, as also most just. Then let him consider if he be of ability to take such a war in hand, for as much as England was never better furnished with Military men and Leaders, with forces and riches; and Scotland exhausted with intestine wars, never more weak. If he depended upon foreign aid, with what great difficulty, and how long it would be ere he can get it; and if he do obtain it, what success can he hope for, since that England having the Fleets of Holland and Zealand joined thereunto, hath no cause to fear the most mighty and potent Kings of Europe? What hope can he place in the French King, or the King of Spain? For as much as his power much increased and augmented by the accession and addition of England, may cross or impeach their designs and purposes, for that his Religion may be so opposed unto their profession, that they cannot help and aid him, but with their own loss and detriment. Neither can the French King see with a contented mind, the King of Scotland to be augmented with the kingdom of England, for fear lest he should with war prosecute the ancient right of the Englishmen in France, or else give help or secure unto the Guises, his Cousins, who at this time gape after the realm of France. But the King of Spain without all doubt will do all things to serve his ambitious humour, for as much as he vaunteth himself to be the first Catholic Prince of the blood royal of England, and the stock of Lancaster, though untruly. In respect of which, some Jesuites and others also endeavoured to advance him, whilst the Queen of Scotland was yet living, unto the crown of England, as a man most fit to restore the Roman authority in England (the mother and the son being not respected nor regarded.) Moreover, they persuaded him, that she determined in her last Will and Testament, to bequeath the kingdom of England unto this King of Spain, if her son continued in the Religion of the Protestants. What may be the meaning of these things, and whereunto they may tend, and what aid and help can be hoped for from the King of Spain, the King may thereby see and perceive: And withal, if he shall revolt and fall from his Religion, in the which he hath been brought up, with what great ignominy he may precipitate and cast headlong his soul into eternal damnation, and the whole island of Britain into danger and destruction. Moreover, he is to consider and be advised, lest the Estates of England, who have given sentence against his mother, do not exclude him altogether from the right of Succession, by a new sentence, whose love, by yielding and giving place unto necessity, and restraining the passionate motions of his mind, he may easily win and purchase unto him, for as much as that which is done, cannot be undone. And at his time he may possess and enjoy quietly the most flourishing kingdom of England. In the mean time, he may enjoy security, and may seem with all men, indifferent men, that have understanding and consideration of things, to have received no blemish in his honour, for as much as when time was, he omitted no part of a most pious and virtuous son toward his mother. And let him assuredly persuade himself, that the Queen of England would account and use him most lovingly and affectionately, as if she were his own mother. These things she caused to be beaten into the head of the King of Scotland, and that he should not doubt, but that his mother was put to death without her knowledge; and to confirm him in that opinion, she determined to send unto him the sentence given against davison in the star-chamber, under the hands of all the Commissioners, and also under the Great seal of England: And also another instrument (to please him the more) signed with the hands of all the judges of England, wherein they confirmed that the sentence given against his mother, was no hurt unto his right in Succession, nor could be any prejudice unto the same. And thus an end of this History. FINIS.