Anno 1559.

THe French King, Henrie the se­cond, for the benefit of his sonne the Dolphin King, and MARIE Queene of Scots (casting his eies vpon England) did not withdraw his French Souldiers out of Scotland, as hee had promised, but sent se­cretly more daily into Scotland, and dealt vehemently with the Pope, to pronounce Queene Elizabeth an He­retike, and illegitimate, which the Emperor and the King of Spaine, most diligently, but couertly, sought to hinder: yet had the Guises drawne the French King into such a sweet hope of adioyning England vnto the [Page 2] Crowne of France, by the title of their Niece the Queene of Scots, that hee openly claimed the same in the right of his sonne and daughter in law: And com­manded them, when hee could not obtaine his purpose at Rome, to vse this title in all their Letters patents; FRANCIS and MARIE by the grace of God, of Scotland, England, and Ireland, King and Queene, and caused the armes of England, together with the armes of Scotland, to be painted in the walls, buildings, and in the houshold stuffe: and also to be put into the Heralds coats. The English Ambassador in vaine complained, that herein great wrong was done vnto Queene Eliza­beth, with whom he had made lately a league, and had not done this to Queene MARIE of England, who had proclaimed warre against him. But Henries sud­den death, which happened shortly after, made an end of his attempts.

But Francis the second (who succeeded him) and MARIE Queene of Scots his wife (by the counsell of the Guises, who were then of great authoritie in France) bore themselues openly as Kings of England and Ire­land, neither did they abstaine from claiming the armes, but set them out more and more. And vn­to Nicholas Throgmorton the Lieger Embassador, a man both wise and stout, it was first answered: That it was lawfull for the Queene of Scots to beare them with some little difference, to shew the nearenesse of her bloud vnto the royall line of England. Hee stifly denied it, saying that by the Law of Armes, none who was not begot of the certaine Heire, might beare the armes of any familie. Afterward they said they bore the armes for no other cause, than to cause the Queene of England to abstaine from bearing the armes of France. Yet at length he obtained at the intercession of Mont Morancy, who loued not the Guises, that they left off the armes [Page 3] of England and Ireland altogether. But yet from this title and vsurpation of armes, which Henrie made the young Queene of Scots to take on her (moued thereto by the Guises) proceeded all the euils, which came so thicke vpon her afterward, as from the originall cause. For from hence Queene Elizabeth was an open and professed enemie to the Guises, and bare a secret hate against her, which the craftie malice of men did so nourish, the emulation increasing betweene them, and new occasions arising daily, that they could not be extinguished, but with her death.

Anno 1560.

THen followed the Treatie of Edenburgh, where­in amongst many other things, it was agreed, that the King of France and Queene MARIE should leaue off the bearing of the title and armes of England and Ireland: but when the time of con­firming the same came, and Queene Elizabeth sent into France to haue it ratified (as shee had done) Throgmorton the Leiger Embassador could not bring them to doe it by any meanes; and whilest the matters hung in suspence, and rested vndetermined, Francis the second, King of France, not being eighteene yeere old, and in the second yeere of his reigne, deceased, and left the Queene of Scots a widow, whether to the greater griefe of the Romanists, or ioy of the Protestants in Britaine, I cannot say.

Anno 1561.

FRANCIS Earle of Bedford, was sent into France, to deplore the death of King Francis, and to gra­tulate Charles the ninth, his successor, and by him­selfe, and together with Throgmorton the ordinarie Em­bassador, he importuned the Queene of Scots to con­firme the treatie of Edenburgh, but in vaine, for she an­swered no other thing, but that shee could not, nor would not determine on so great a matter, without the consent of the Nobilitie of Scotland.

The Queene of Scots entending to returne into Scot­land, sent Monsieur d'Oysell to request a safe conduct of Queene Elizabeth for to passe by Sea, and for d'Oysell, to passe thorow England. Queene 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 treatie of Edenburgh, which if she did, shee promised to shew all kindnesse that might bee expected from a Queene, from a Cousin, and from a neighbour. The Queene of Scots being vexed at this repulse, sent for Throgmorton, with whom shee had long speeches about this matter, which I will briefly set downe out of the letters of Throgmorton, (though I shal make rehearsal of some things already said) that the originall and pro­gresse of the priuie malice which was betweene the greatest and wisest Princesses of our time or age, may more euidently appeare. Shee sending all the standers by away, said thus to Throgmorton: What is my wo­manly weaknesse, and how farre the passion of my minde may carrie me, I know not, yet it liketh me not to haue so many witnesses of my weaknesse, as your Ladie lately had when shee talked with Monsieur d'Oysell my [Page 5] Embassador: nothing grieueth me so much as that I did aske those things which were not needfull: by Gods fa­uour I can returne into my Countrie, without asking her leaue, as I came hither in despight of her brother Edward. Neither want I friends which can and will bring me home, as they brought me hither; but I had rather haue vsed her friendship, than of any other. I haue often heard you say, that the amitie betweene her and mee was necessary to both our Kingdomes, yet it seemeth that shee thinketh otherwise, or else she had not giuen mee the repulse in so small a matter: but perhaps shee beareth more fauour vnto the Scots, which rebell against me, than to me the Queene of Scots, equall to her in princely royaltie, her nearest kinswoman, and most certaine heire vnto her. Doest thou thinke that that good will and loue can be betweene my rebellious subiects and her, that may bee betweene her and me? What? Doth shee thinke that I shall bee destitute of friends? Assuredly she hath driuen mee to aske helpe of them of whom I would not willingly. And they can­not wonder enough for what purpose shee gaue aid lately vnto my subiects, and now to hinder the returne of mee a widow vnto my subiects. I aske nothing of her but amitie, I procure no trouble vnto her, nor meddle not with the affaires of England. But yet I am not ignorant that there bee many in England who are not content with the estate as it is now. Shee twitteth me, and saith, that I haue small experience; I confesse it: Age bringeth experience with it; yet I am so old, that I can behaue my selfe friendly, kindly, and iustly toward my kinsfolks and friends, and keepe my tongue from speaking any thing, not beseeming a Queene and a kinswoman. But by her leaue, I may say, that as well as shee I am a Queene, neither destitute of friends, and to beare no lesse high minde than shee, and it may be­seeme [Page 6] vs to measure our selues with a certaine equalitie: but I forbeare comparison, which is little better than contention, and wanteth not euill will. As for the treatie of Edenburgh, it was made in the life of the King my husband, whom it was my dutie to obey in all things, and since that hee delaied the confirmation of the same, let the blame remaine in him, and not in me.

After his death, the Counsellors of France left me to mine owne Counsellors, neither would mine Vncles meddle with the affaires of Scotland, because they would not offend Queene Elizabeth, nor the Scots. The Scots that be with me be priuate men, nor such fit men that I should aske counsell of them in such great mat­ters. As soone as I shall haue the aduice of the Estates of my Realme, I will make a reasonable answer; and I will make all the haste I can home, to giue it the sooner. But shee determineth to stop my way, lest I should giue it, so shee is the cause that I cannot satisfie her; or else shee would not bee satisfied perhaps, for the intent that there may bee no end of discord betweene vs. Shee casteth often in my teeth, that I am a young girle, as a reproach, and truly she may iustly thinke mee an vn­wise girle if I dealt in these weightie affaires, without the aduice of the Estates. A wife is not bound, as I haue heard, with the deeds of her husband, neither in her honour, nor in conscience: but I doe not dispute this thing, yet I may say this thing truly; I haue done nothing to my dearest sister, which I would not haue done to my selfe; I haue vsed all offices of courtesie and kindred, but shee either beleeueth not, or contemneth them: I would to God I were so deare to her as I am neare of bloud, for this were a pretious kinde of kin­dred. God forgiue them that sow the seeds of dissenti­on betweene vs (if there bee any such.) But thou who art an Embassador, tell mee in good sooth, [Page 7] for what cause she is so displeased with me, who neuer hurt her hitherto either in word or deed.

To these speeches Throgmorton made answer. I haue no commission to answer you, but to heare what your an­swer is, about the confirmation of the treatie of Eden­burgh. But if it please you to heare the cause of displea­sure, I will lay it downe in few words (laying aside the person of an Embassadour.) As soone as the Queene my Ladie and Mistresse was crowned, you did vsurpe the title and armes of England, which you did not take in the reigne of Queene MARIE; Iudge you in your discretion if a greater wrong can bee offered vnto a Prince: Such iniuries as this, priuate men cannot dis­gest, much lesse Princes.

But, said she, my husbands father, and my husband himselfe would haue it done, and commanded it to bee so. After their decease, when I was at mine owne hand, I left off wholly both those armes, and the title, but yet I know not how it can be any wrong to the Queene, if I also a Queene, whose Grand-mother was eldest sister vnto Henry the eight, doe beare these armes, since others farther off than I bore them: I am sure, Courtney Marquesse of Exceter, and the Duchesse of Suffolke, Niece vnto Henry the eight, by his younger sister, did beare the armes of England, with borders for a diffe­rence, by a speciall fauour.

When these things did not satisfie Queene Elizabeth, who was fully perswaded that shee put in delaies still vpon some more hopes, since she had not proposed vnto the Estates of Scotland, who had once or twice assem­bled since her husbands death, any thing about the con­firmation of the treatie; She being vpon her way, sent for Throgmorton againe vnto Abbeuille, where shee cour­teously asked him, how she might satisfie Queene Eli­zabeth in word or deed; he said, by ratifying the treatie [Page 8] of Edenburgh (as I haue often said) vnto whom shee said: Now heare and iudge, if there bee not most iust reasons, which she calleth delaies and vaine excuses: The first Article in it, of ratifying the treatie of Chasteau Cambresy, betweene England and France, pertaineth nothing vnto me. The second, of ratifying the treaty betweene England and Scotland, was ratified by my husband and mee; neither can it bee ratified againe, when my husband is expressedly named in it. The Articles 3, 4, and 5. are already performed, for the pre­parations for warre are ceased. The French Souldiers are called backe out of Scotland, and the Fortresse of Aymouth is demolished, I haue not borne nor vsed the title nor armes of England since my husbands death. It is not in my power to put them out of the houshold stuffe, 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 subiects, to dispute about the sixth Article: And for the last Ar­ticle, I hope my seditious subiects shall not haue cause to complaine of my seueritie. But as I perceiue, she will preuent me by stopping my returne, that they shall not haue triall of my clemencie: what remaineth now in this treatie, which may be wrong to the Queene? Yet that I may giue her satisfaction more abundantly, I will write larger Letters of this businesse with mine owne hand, though shee doth not vouchsafe to write backe vnto me, but by her Secretarie: But I pray you my Lord Embassador, doe the part of an Embassador, that is, rather mollifie than exasperate the matter.

But yet Queen Elizabeth was not satisfied with these letters, in whose minde the iniurie for the vsing of the armes and title of England was deeply imprinted, and still shee was afraid, lest shee should challenge them againe, if shee were not bound and tied thereto by the [Page 9] confirmation of the treatie and the religion of an oath.

In the meane while the Q of Scotland getting a good gale of wind, departed from Calice, and in a foggie mist passing by the English ships, which some thought were sent to Sea to conuey her with honour; others, to sup­presse Pirates, and as others said, to intercept and take her, arriued safe in Scotland: For Iames the Bastard very lately returning by England, had secretly willed Queene Elizabeth to take her by the way, if she had a desire to prouide for Religion, and her owne securitie. And Li­dington being glad that d'Oysell was detained in England, perswaded it also. Shee being returned into Scotland, vsed her subiects with all courtesie, changed not their religion (though it had beene brought in by tumults) and beganne to settle the common wealth by enacting good Lawes: But vnto Queene Elizabeth shee sent Li­dington with her owne, and the letters of the Scottish Nobilitie, in the which shee promised all care to make and conserue amitie with her; and requested that a certaine forme of peace might bee made betweene England and Scotland, and that there was none more certaine, than if Queene Elizabeth (if shee should haue no issue) would declare her by the authoritie of Par­liament, the next heire to succeed her in the Realme of England.

This thing seemed strange vnto Queene Elizabeth, who looked for the confirmation of the treatie of Edenburgh, promised by word, and by her hand wri­ting: yet she answered; As concerning the succession, shee hoped the Queene of Scotland would not by violence take her Crowne away from her and her children, if she had any: shee promised not to derogate any thing of her right vnto the Crowne of England, although she had claimed the title and armes of England, through the too much hastie ambition of other men, for which iniurie it was meet that [Page 10] she made satisfaction. By setting downe her successor, shee feared lest their friendship should bee rather disseuered than consolidated, for that vnto men established in gouernment, their successors are alwaies suspected and hated: the people, such is their inconstancie vpon a dislike of present things, doe looke after the rising Sunne, and forsake the Sunne set­ting; and the successors designed cannot keepe within the bounds of Iustice and truth, their owne hopes and other mens lewd desires: Moreouer, if she should confirme the suc­cession vnto her, shee should thereby cut off the hope of her owne securitie, and being aliue, hang her winding-sheet before her owne eies, yea, make her owne funerall feast aliue, and see the same.

After shee had answered these things thus, shee did againe, sending her letters vnto her by Peter Mewtas, mildly will her to confirme the treatie. Neither did the other directly denie it, but insinuated, that shee could not doe it, vntill shee had set the affaires of Scot­land in good order.

Anno 1562.

MArgaret Countesse of Lynnox, Niece to King Henry the eight by his eldest sister, was deliue­red as prisoner to Richard Sackuill, and her hus­band the Earle of Lennox was assigned vnto the Master of the Rolls in the like manner, for that hee had secret intelligence by letters, with the Queene of Scots, in which custodie both of them were kept a good space.

Not long after, Henry Sidney was sent vnto the Queene of Scots, whose message was, that the enteruiew which he had desired to haue with Queene Elizabeth [Page 11] might bee put off vnto the next yeere, or vntill the French warres were waxen colder.

At this time it was consulted, whether it was for any good purpose, that these two Princesses should come vnto an enteruiew or conference: For, that the Queene of Scotland required it, bred a suspition, that she did it for some commoditie or benefit, and to espie some aduantage, either to strengthen her right in England, or else to giue a hope, and erect the minds of the Papists in England, and her Cousens the Guises in France. On the other side, others thought hereby a most firme amitie might bee concluded betweene them, the league betweene the French and the Scots weakened by little and little, and the Queene of Scots wonne by faire words vnto the Religion of the Prote­stants. Others noted, that out of such enteruiewes or conferences, grew the seeds rather of emulation, than of loue, when one should hate and repine at the ostentati­on of the others brauerie, wealth and power, and for that many times the presence and view is not an­swerable vnto report and opinion; and so of the come­linesse of the body, of the beautie of the face, and of the gifts of the minde: And that one might haue cause and occasion to finde fault with the other. Neither did the Queene of Scotland thinke it safe to deliuer her selfe into the hands of Queene Elizabeth, with whom she had contended for the right of the Kingdome: It made her to stagger, and to doubt in the matter, and also to which side to incline and sway, when shee heard that Queene Elizabeth stood openly for the Protestants in France: whilest she considered (as shee wrote her selfe) that shee came by her father from the English bloud, and by her mother from the French, that shee was crowned Queene, and Dowager of France, and the most rightful Heire of England, and withall expected [Page 12] the Kingdome thereof: That shee was much indebted vnto her Vncles in France, which had brought her vp, and that shee much desired the loue of Queene Elizabeth.

Yet she feared, such was her piercing vnderstanding, lest if shee ioined her selfe with her in a very strict kinde of amitie, she might procure the euill will of the French King, be abandoned by her Vncles, and lose her dowrie out of France, by preferring the vncertaine friendship of Queene Elizabeth (which, to vse her owne words, passed not beyond the person) before the certaine loue of the French. Hereupon the conference (which had beene treated of many moneths, and the Articles also drawne) came to nothing, especially when shee by her letters did vtterly refuse to come vnto the enteruiew, except she might be designed heire apparant of England by authoritie of Parliament, or else bee adopted by Queene Elizabeth to be her daughter, to lay a founda­tion of a most certaine peace and vnion of both the Realmes, so often desired. If these things were granted, she promised to addict her selfe wholly to Queene Eli­zabeth, yea, and not to respect and regard her Vncles the Guises. Also in these lettes shee insinuated that shee vrged these things the more vehemently, for that shee had heard that many did secretly deuise to set in ano­ther successor, and that onely for the cause of Religion, though shee did tolerate in Scotland the Religion of the Protestants.

But when the Cardinall of Lorraine, at the same time dealt with the Emperour Ferdinand, that shee might marrie with his sonne Charles the Archduke, who then sued vnto Q. Elizabeth for mariage; Queene Elizabeth threatned her by Thomas Randolph, that if shee did con­sent vnto the Cardinall (the mortall enemie of England) about that mariage, both that the amitie betweene [Page 13] England and Scotland might be dissolued, and perhaps she excluded from her hope of the Realme of England: and if she would not misse thereof, she in friendly man­ner willed her to choose such a husband in England, in whose choice shee might principally giue her selfe con­tent, and then giue satisfaction to her owne Subiects, and also to the English men, in the conseruation of the peace, and make the way smoother and plainer vnto her assured succession in England, which cannot bee published and made knowne vntill it was certainly knowne whom she would take to her husband.

Anno 1563.

WHen in the heat of the ciuill warres of France, the Duke of Guise, Vncle vnto the Q. of Scotland, was slaine, her dowrie out of France was not paid, Hamilton D. of Chasteauleroy was depriued of his Duchie, and the Scots were dis­placed from the Captainship of the Guard, which things she tooke in very euill part: The Cardinall of Lorraine, another of her Vncles, fearing lest hereupon she leauing the French, should cleaue vnto the amitie of England, he proposed againe by Crocus, the mariage with Charles d' Austria, offering to her the Countie of Tyrole for her dowrie. Shee acquainted Queene Elizabeth with the matter, who by Randolph gaue her those former admo­nitions about the choosing of a husband (as I haue said before) and then in plainer termes commended Robert Dudley (whose wife being the heire of Robsert, was kil­led a good while since, by falling downe a paire of [Page 14] slaires) and promised that if shee would marrie him, she should be declared by the authoritie of Parliament, sister, or daughter, & heire apparant of England, if she di­ed without issue. As soone as the Queene mother & her Vncles heard this by Foixius the French Embassador in England, they did so disdaine the mariage with Dudley, as altogether vnequall & vnworthy to match in a roy­all stocke and linage, as they promised not onely to pay her dowrie, but also to restore vnto the Scots all their former liberties, and morelarge also, if she would per­sist firmely in the friend [...]hip of France, and refuse the mariage offered vnto her: and also they suggested and put in her head, that Queene Elizabeth did propose this mariage not seriously, but colourably, as though shee had assigned Dudley for her owne husband: And that there was no cause why she should put any trust or con­fidence in the authoritie of a Parliament, since that in England one Parliament may repeale that which ano­ther hath enacted. Moreouer, that the purposes of the English men were no other, but by one meanes or other to keepe her alwaies from mariage. But yet she referred this matter vnto conference, being wonderfully vexed and troubled at home, when Murrey cast into prison the Archbishop of Saint Andrewes, because he abstained not from saying Masse, vnto whom shee hardly got pardon, with shedding of teares. And the hot spirited Ministers of the Church, bolstered by the authoritie of Murrey, offered violence (without any controlment) vnto a Priest who had said Masse in the Court (which was permitted by the Law.) Neither was shee able to re­presse the tumultuous persons, though shee applied all her minde about the good of the common wealth, by granting a generall pardon, increasing the fees or wages of the Iudges, by making wholsome Lawes, as making Adulterie to bee death, and sitting herself in iudge­ment, [Page 15] thereby to make by Law the highest equall with the lowest.

Anno 1564.

IN this yeere Queene Elizabeth created Robert Dud­ley Master of her Horse, a man in high fauour with her, whom she had in her secret purpose appointed husband for the Queene of Scotland, that he might be more worthy of that match; Baron of Denbigh, giuing vnto him Denbigh, with the demeasnes, and the next day Earle of Leycester, to him and his heires males lawfully begotten: For whose sake also shee had before created his elder brother Ambrose Baron Lisle, and Earle of Warwicke; and to his heires males lawfully begotten, and to Robert his brother, and to his heires males of his body lawfully begotten. Dudly aduanced to these ho­nours, to purchase fauour and grace with the Queene of Scotland, vnto whom hee made suit in mariage, studied with all kinde of offices to deserue well of her, and forthwith accused Bacon keeper of the great Seale, vnto the Queene, that hee had dealt in the matter of succession against the Queene of Scotland, and that hee was priuie and accessary vnto a Pamphlet made by one Hales, who endeuoured to proue the right of the Crowne of England, to belong vnto the familie of Suffolke, if the Queene died without Heire: for the which he had beene put in Prison; but Bacon (though hee denied the same) was with much adoe, and after a long time restored vnto the Queenes fauour by Cecill, who kept his owne iudgement in this point secret to himselfe, and alwaies determined so to doe, vnlesse [Page 16] the Queene (as he would say) commanded him to speake his mind, for she could not endure of all things to haue the right of succession called into question and dispute: but the wiser and the richer men, were troubled with nothing more, whilest in the controuersie of Religion the hot Protestants thought the Q. of Scotland was to be put by, and reiected, because she was of another Re­ligion, though her right was vndoubted (out of some querks and words of their Law bookes.) Some of the Romanists, and most that regarded equitie and iustice, thought she was to be receiued, as the true and certaine Heire by the Law. And many preferred Margaret, Aunt to the Queene of Scotland, the wife of Matthew Stewart Earle of Lennox, and her children, as those of whom they hoped the best, as borne in England. These things were not vnknowne vnto the Q. of Scotland, who to preuent it as much as she could, by the aduice of the Countesse of Lennox her Aunt, sent for Matthew Earle of Lennox, to come into Scotland, vnder pretence to restore him into his ancient Patrimonie, but indeed to aske him counsell in these affaires, who by his wiues meanes, obtained leaue, and also letters of commenda­tions from Queene Elizabeth, after hee had beene ba­nished from his natiue Countrie now full twentie yeeres.

Hee (for I will for more perspicuitie and light to the matter, rehearse the same somewhat higher) was borne of the same stocke of the Stewarts, as the royall familie of the Scots was: For Marie daughter vnto Iames the second, King of Scotland, bore vnto Iames Hamilton, Iames the first of this stocke, Earle of Arran, and Marie his daughter, wife vnto Matthew Stewart Earle of Lennox, the first of this Christian name. Iames Earle of Arran, his first wife being diuorced, and yet liuing, married Ienet Beton, Aunt to Cardinall Beton, by whom [Page 17] he had Iames D. of Chasteauleroy, whom his aduersaries hereupon accounted a Bastard. Marie sister to the Earle of Arran, bore vnto Matthew, Iohn Earle of Len­nox, who being slaine by the Hamiltons, at such time as he would haue restored Iames the fourth to his libertie, left this second Matthew Stewart (of whom we speake) Earle of Lennox, most deare to Iames the fift, in regard of his father. But Matthew (the King being dead, and the Hamiltons hauing all the gouernment in their power) departed secretly into France, from whence hee was sent by Henry the second, the French King, to see that the common wealth of Scotland tooke no harme by Hamilton the Regent; and herein he behaued himselfe worthily: but being a plaine and honest minded man, (and entangled by the craft and policie of Cardinall Beton, and Hamilton,) he fell out of the fauour of the French King in a short time: And when hee could nei­ther tarrie at home, nor returne into France, he came in­to England and submitted himselfe to King Henry the eighth, who accepted him as a man well beloued in the West borders, and acknowledged him as next heire to the Crowne of Scotland, after MARIE then an infant, (though the Hamiltons confiscated all his possessions, as of a Traitor condemned) and married him vnto the Ladie Margaret Douglas his Niece, by his eldest sister, giuing him lands in England, worth yeerely of the old rent 1700. Markes, he promising for his part, to deliuer into the hands of the King of England, the Castles of Dunbritton, the Ile of Butha, and the Castle of Rothsay, which peeces being couragiously and valiantly at­tempted, could not yet be gotten.

This man, the Queene of Scotland (a woman prudent and circumspect, and who applied all her studies vpon the hopes of England) sent for to come into Scotland (as I haue said) pardoned his banishment, restored him [Page 18] vnto his ancient possessions, as well that shee might oppose him against the attempts of Iames the Bastard, as also to put other folkes out of hope of the succession of England, by his sonne, Henry Darly. For if that young man borne of the royall bloud in England, and well beloued of the English Nation, should marrie with some of the great families of England, shee secretly to her selfe feared, that he bolstered vp with the power of England, might bee a blocke in her way, in the right of her succession in England, since hee was accounted in most mens opinion, the second heire of the Crowne of England after her: and there was nothing shee more wished, than that the Realmes of England and Scotland might deuolue by her meanes vnto some of the Scot­tish race, and by him might bee propagated vnto poste­ritie, in the ancient surname of the Stewarts.

This came to the knowledge of Queene Elizabeth, and to preuent her purpose, shee declared vnto her by Randolph, that that mariage was so vniuersally disallow­ed by the English men, that she adiourned the Parliament against the will of her Councell vntill another time, lest the Estates, moued vnto wrath for this cause, should make some act against her right in succession: which lest it should afterward come to passe, she wil­led her not to doe so, but to giue satisfaction vnto the English men, by thinking vpon some other match. And now againe she commended Leicester, (whom she had aduanced vnto the degree of an Earle, and especi­cially for that cause) with more earnestnesse, to bee her husband.

Vpon this occasion at Barwicke, in the moneth of Nouember, there talked together about the mariage with Leicester, the Earle of Bedford and Randolph, and for her were Murrey and Lidington Commissioners. The English men promised firme amitie, perpetuall [Page 19] peace, and certaine hope of the succession, if shee would marrie with Leicester, for vpon this condition, Queene Elizabeth had promised to declare her daughter adoptiue, or sister by authoritie of Parliament. The Scots stood hard to it, that it was not for the dignitie of a Queene desired for wife by Charles the sonne of the Emperor Ferdinand, the King of France, the Prince of Condy, and the Duke of Ferrara, to abase her selfe vnto the mariage of a new-made Earle, and a subiect of England, vpon a hope onely, and no dowrie being of­fered, saying also it was neither honorable vnto the Queene of England, to commend so meane a hus­band to so great a Princesse, her next kinswoman; but that this should bee a most certaine argument of loue, if she would permit her at her owne choice to elect her selfe a husband, who shall keepe peace with England, and withall assigne a good annuitie vnto her, and con­firme the right of succession by the authoritie of Par­liament. In all this businesse Queene Elizabeth earnest­ly desired, that the succession of both the Kingdomes might be established in the English Nation, though she was slow in the same. The Queene of Scotland (when the matter had hung thus in talke for the space of two yeeres) now determined to take Darly vnto her husband, did suspect that Queene Elizabeth did not deale sincerely with her, but that she did propound this mariage for no other end and purpose, but that shee might make the first choice of the best suiter or wooer for her selfe, or else might marrie with better excuse vnto Leicester. But the Scottish Delegates looking also for their owne purposes, determined by one way or other to thrust some obstacle or other in any mariage, that [...]hey might retaine still their authoritie with the Queene. Queene Elizabeth had willed the Commissio­ners to hinder the mariage with Darly; and Leicester [Page 20] himselfe, accounting himselfe most sure of Queene Elizabeth, willed Bedford secretly by his letters, not to vrge the matter much. And vpon this hope it is thought he fauored Darly in secret.

Anno 1565.

IN the meane time Darly got leaue with much adoe to goe into Scotland, and to stay there three mo­neths, by the earnest and humble suit his mo­ther made vnto Queene Elizabeth, vnder the colour, that he might bee present at the restoring of his father: and so he came vnto Edenburgh, in the moneth of Fe­bruarie. He was a young man, of personage most wor­thy of an Empire, of a comely stature, of a most milde nature, and sweet behauiour. As soone as the Queene of Scotland saw him, she fell in loue with him, and to couer her loue she talked now and then with Randolfe the English Embassadour in Scotland, about the mari­age with Leicester, and at the same time sent to Rome, for a dispensation, because Darly and shee were so neere of kinne, that a dispensation was necessary by the Canon Lawes. But when these things came to light, shee sent Lidington vnto Queene Elizabeth, that shee might marrie with Darly by her consent, and not bee kept any longer vnmaried vpon vaine expectations. Queene Elizabeth propounded the matter to her priuie Councell, who out of the secret suggestions of Murrey, easily beleeued, that the purpose of the Queene of Scotland tended by this mariage to strengthen, and againe to claime the title, and her right vnto the Realme of England, and withall to deduce it vnto the [Page 21] Romane Religion againe, and that many would in­cline vnto them, vpon the certaintie of their succession comming of this mariage, and others out of the loue vnto the Romane Religion, and forasmuch as they vn­derstood, that most of the Iustices of Peace were ad­dicted vnto it. To preuent these things, they thought it most necessarie, first to winne the Queenes good will, to marrie speedily some husband, that out of the certaintie of succession by her and her issue, and from none other, the affaires and hopes of English men might depend, for they feared that if the Queene of Scotland maried first, and had issue, the most of the people would incline and bend toward her side, be­cause of the certaintie of the succession and securitie. Secondly, that the profession of the Romane Religion should bee infringed, or weakened, as much as might be: and that of the reformed, diligently aduanced and established; this by dealing more moderately with some hot spirited Protestants about things indifferent; and the other, by calling in the depriued Bishops vnto their prisons (for they had beene dispersed into the Countries in the time of the great plague) by giuing vnto the Bishops more ample authoritie, to exercise the Ecclesiastical lawes against that terrifying bugge of the Premunire, (which the Lawyers obiected against them) by suppressing bookes comming from the Low-coun­tries into England, set out by Harding, and the Diuines that were fled ouer the Seas, by remouing away certaine Scottish Priests that lurked in England; by depriuing the English fugitiues of their Ecclesiasticall liuings, which they enioyed vntill this time; by compelling the Iudges of the land, who for the most part were Papists, to take the oath of Supremacie. But to disturbe the mariage with Darly, it was thought best to put them in feare, by mustering Souldiers vpon the borders [Page 22] toward Scotland, and by putting a greater Garrison in­to Barwicke: that the Countesse of Lennox mother to Darly, and Charles her sonne should be committed vn­to Prison: the Earle of Lennox, and Darly his sonne, should be recalled out of Scotland, vpon paine to for­feit all their goods, before that any league could bee made by them with the Kings of France, or Spaine: that the Scots enemies to the mariage, should be maintained, and Catharine Gray, with the Earle of Hertfort, should be receiued into some fauour, of whom as of her com­petitor in the succession of the Kingdome, shee seemed somewhat to bee afraid. And this was all that they could deuise to hinder the mariage.

Hereupon Nicholas Throgmorton is sent vnto the Queene of Scotland; who should aduise her to delibe­rate long on that which was to be done but once, that repentance alwaies followed hastie mariage, and to commend instantly the mariage with Leicester, and that the mariage with her Aunts sonne was contrary vnto the Canon Law: for Queene Elizabeth very much desired, that by her, some of the English Nation might succeed in both the Realmes: although some men there were, that thought it would be the best for Religi­on, and both the Realmes, if she died without issue. She answered, the matter could not bee recalled, and that Queene Elizabeth had no cause to bee angry, when ac­cording to her counsell, shee had chosen not a stranger but an English man, and one borne of the royall bloud of both the Kingdomes, and the noblest man of birth of all Brittaine. Lidington lying in England, did often propose the mariage of the Queene of Scotland vnto Leicester colourably, and also to the D. of Norfolke, as to one more worthy of a Princesses marriage, who at that time put off the same with a modest refusall.

The Queene of England, to interpose some impedi­ment [Page 23] vnto this hastened mariage, called backe Lennox & Darly, as her subiects, according to the times expres­sed in their licence. The father excused himselfe most modestly in his letters: the sonne desired that she would not be against his preferment, & insinuated, that it may be that he may be profitable to his deare Countrie of England: and openly professed himselfe a louer and ho­nourer of the Queene of Scotland aboue all others, who to giue correspondencie to his loue, first made him Knight, and afterward Lord A [...]och, Earle of Rosse, and Duke of Rothsay, and the fift moneth after his comming into Scotland, tooke 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 owne priuate ambition (and vnder the goodly pretence of Religion) had drawne in the Duke of Chaste­auleroy, an honest minded man, vnto his side, fretting, and others raising tumults, and arguing these questions:

Whether a Papist was to be receiued to be their King?

Whether the Queene of Scotland might choose her selfe a husband at her owne election?

Whether the Noblemen of the Land, might not by their authoritie appoint her a husband?

The Queene of England, who knew the milde na­ture of Darly, and the plaine and honest minde of the father, taking compassion of the young man her Cou­sin, and of the Queene a young woman also, who had to deale with most turbulent persons, who being aboue this twentie yeeres loosed from the gouernment of Kings, could not now endure any Kings, tooke it more quietly.

Neither had she any feare of them, when she saw the power of the Queene her aduersarie not increased by that meane match, and had the mother of Darly in her hand: and foresaw, that troubles would arise here­upon [Page 24] in Scotland, which began incontinently: for many Noblemen of Scotland, as Hamilton and Murrey, chafing & fretting at the mariage, this man for that the mariage was made without the consent of the Queene of Eng­land, the other vpon a spight or priuie malice against the familie of Lennox, but both of them vnder the pretext of the conseruation of Religion, displaied their ban­ners in manner of warre, to disturbe the mariage, so that the Queene was of necessitie enforced to leuie forces, that the mari [...] might be celebrated with secu­ritie: and then she did so fiercely pursue the rebels, by the helpe of the King her husband, that she made them flie into England, before the bands of English men, promi­sed to them, could come; but the Queene of England did couertly grant a lurking place vnto Murrey, who was wholly addicted vnto the English, and secretly maintained him with money by Bedford, vntill hee re­turned into Scotland, which was the day after the mur­der of Dauid Rizius. The causes which Queene Eli­zabeth alleadged, why shee admitted Murrey, and the Scottish rebels into England, were, for that the Queene of Scotland had receiued Yaxley, Standen, and Welsh, English fugitiues, into Scotland, and receiued O-Neale, a great man of Ireland, into her protection, had intelli­gence with the Pope against England, and had not done iustice on the theeues on the borders, and on Pirates.

Queene Elizabeth not forgetfull of the Scottish af­faires, a moneth or two after the mariage, sent Tam­worth, a Gentleman of her priuie Chamber, vnto the Queene of Scotland, to warne her not to violate the peace, and to expostulate with her, for her hastie mar­riage with the natiue subiect of England, without her consent, and withall, to request that Lennox and Dar­ly might be sent backe into England, according to the league, and that Murrey might be receiued againe into [Page 25] fauour. Shee smelling his arrand, admitted him not to her presence, but in articles deliuered in writing, pro­mised in the word of a Prince, that neither shee nor her husband would attempt any thing to wrong the Queene of England, or her children lawfully begotten, or the quiet of the Realme, either by receiuing fugitiues, or by making league with strangers, or by any other meanes; yea, most willingly that they would make such league with the Queene and Realme of England, which might be profitable and honourable for both the Realmes, neither that they would innouate any thing in the Religion, Lawes, and liberties of England, if at any time they should possesse the Kingdome of England; yet vpon this condition, that Queene Elizabeth would fully performe this thing on her part toward her and her husband: viz. by Parla­ment establish the succession of the Crowne of England in her person, and her lawfull issue, and if that failed, in Margaret Countesse of Lennox, her husbands mother, and her children lawfully begotten. As for the other things, shee answered: That shee had acquainted the Queene with her mariage with Darly (as soone as she was fully determined to marie him) and had receiued no answer from her: That she had satisfied the Queenes 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 Britaine that she knew: But it seemed strange, that she might not keepe with her Darly, whom shee had maried, or not keepe Lennox in Scotland, who was a natiue Earle of Scotland. As for Murrey, whom she had tried to bee her mortall enemie, shee in faire words besought her to leaue her subiects vnto her owne discretion, since that she did not intermeddle in the causes of the subiects 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 [Page 26] had touched the reputation and credit of the Queene of Scotland, with I know not what slander, and had not vouchsafed to giue her husband the title of King.

Anno 1566.

IN Iune the Queene of Scotland in a happie houre, and to the perpetuall felicitie of Britaine, was deli­uered of her sonne Iames (who is now the Monarch of Britaine) which shee signified forthwith vnto Queene Elizabeth by Iames Meluin. Who although she was grieued at the heart, that the honour to bee a mo­ther was borne away before her by her aduersarie, yet she sent Henry Killigrew incontinently to congratulate with her for her safe deliuerance, and the birth of a sonne: And to will her not to fauour any more Shane O-Neale, then rebelling in Ireland, nor to entertaine Christopher Rokesby fled out of England, and to punish certaine theeues vpon the borders.

Shortly after the estates of the Realme in the Par­lament holden at London, moued the Queene earnestly to marry, and to set downe and nominate her successor: but she by no meanes could be drawne to it. Yet that it might appeare to the world, whom shee thought most rightfull successor, shee cast into prison Thornton the Reader [...]f the Law, at Lincolnes Inne in London, at that time, of whom the Queene 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 baptizing of the Prince [Page 27] of Scotland, the Queene of England being requested to be Godmother, sent the Earle of Bedford with a Font of massie gold for a gift, and commanded expresly, that neither hee nor any English men that accompa­nied him, should vouchsafe to call Darly by the name of King.

That Ceremonie being finished, the Earle of Bedford dealt with the Queene of Scotland about other things contained in his commission: that is to wit, That the domesticall contentions betweene her and her hus­band might bee compounded (for some malicious sworne enemies to them both, had craftily broken asun­der that most pleasant societie of life and loue be­tweene them) and the treatie of Edenburgh ratified. This last thing she vtterly denied, alleadging, that in the treatie was much matter that might impeach and de­rogate from her owne and her childrens right vnto the Crowne of England. Yet shee promised to send Com­missioners into England, who should talke about the confirmation thereof, changing some words, namely, that shee should forbeare to vse the title and armes of England, whilest Queene Elizabeth liued, and her chil­dren: As though it were meant in the treatie, that shee should forbeare to vse them for euer. And also should declare vnto her, how iniuriously shee was vsed by their villanous deuices, that abused the simplicitie and credulitie of her husband, more than was to bee suffe­red. And now she being sickly and weake, in her let­ters commended her young sonne vnto the fidelitie and protection of Queene Elizabeth: in which letters (though she knew, I vse the words of the letters, that she is the vndoubted rightfull heire of England, after Queene Elizabeth; and that many imagine and deuise sundry things against that right) shee promised that shee would not vrge any more any declaration of her right, but that [Page 28] shee will helpe, assist, and cleaue vnto her alwaies with all her power, against all persons.

Anno 1567.

BVt before those Commissioners came from the Queene of Scotland, and a moneth or two after the Prince was Christened; the King her hus­band in the one and twentieth yeere of his age, in the dead time of the night, by a hatefull and abominable villanie (which all good men doe detest) was strangled in his bed, and cast into a garden, and the house blowne vp with Gun-powder. A rumour forthwith was diuulged in all Brittaine, and the fault laid vpon Mourton, Murrey, and their confederates. And they in­sulting vpon the weaknesse of her sex, laid it from them­selues vpon the Queene. What George Buchanan hath written hereof, as well in his Historie, as in a Pamphlet called the Detection, is knowne to all men by those printed bookes. But since hee, carried away with par­tiall affection, and with the gifts of Murrey, wrote in that manner, those bookes were condemned of falshood, by the Estates of the Realme of Scotland, vnto whom more credit is to bee giuen: And he himselfe la­mented and bewailed vnto the King (whose Schoole­master hee was) reprouing himselfe oftentimes (as I haue heard) that he had written so spightfully against the well-deseruing Queene: And at his death, wished that he might haue liued so long, vntill hee might wipe out with a recantation, or with his bloud, the spots and staines hee had falsly laid on her. But that (as hee said) would be to no purpose, since he should seeme to doat [Page 29] for old age. Let it bee lawfull for me (that the other part may also bee heard) in few words to lay open all the matter as much as I can vnderstand without any hate or loue, as well out of the writings of other men which were set forth at that time, but suppressed in fa­uour of Murrey, and vpon hatred vnto the Queene Captiue in England, as also out of the letters of Embassa­dors, and of men of good credit.

In the yeere of our Lord one thousand fiue hundred fiftie and eight, at the mariage of Francis the Dolphin, and of MARIE Queene of Scotland, Iames the Queenes Bastard-brother, commonly called the Prior of Saint Andrewes, disdaining that Religious appellation, sued for a more honourable title: which when she, by the aduice of the Guises her Vncles, would not grant, he returned into Scotland much offended, and began to make broiles vnder a goodly pretence of the reforma­tion of Religion, and assuring the libertie of Scotland; and effected it so farre, that Religion was changed in an assembly of the Confederates, without the Queenes priuitie: And the French men were remoued out of Scotland by the helpe of the English men they had brought in: Francis the King of France being deceased, he poasted into France, vnto his sister, and laying from himselfe whatsoeuer had beene done in Scotland against her profit or credit, calling God to witnesse, solemnly promised to doe all the kind offices which a sister could expect at the hands of a brother. And conceiuing also a hope, that she being bred vp from her tender yeeres in the delights of France, would not returne into Scotland, dealt with the Guises, that some one of the Scottish No­bilitie might be named Regent of Scotland, and as with his finger, shewed himselfe as the fittest man. But when he was sent backe into Scotland, with no other autho­ritie, but onely with Letters Patents, wherein the [Page 30] Queene gaue authoritie to assemble the Nobilitie, and to aduise and conferre about the good of the common wealth; hee being deiected and [...]ustrate of his hope, returning thorow England, in a rage and furie put into their heads, that if they desired or had a care of the preseruation of Religion in Scotland, the tranquillitie of England, and securitie of Queene Elizabeth, they should hinder the returne of the Queene of Scotland into Scotland, by one meanes or other. Yet shee arriued safe in Scotland, passing by the English Fleet in a thicke mist, and vsing her brother with all courtesie, commended the gouernment of all the affaires 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 containe himselfe, but that oftentimes amongst his friends he would lament, that the warlike Scottish Nation, no lesse than that of the English men, was subiected to the gouernment of a woman, and out of the doctrine of Knox (whom hee accounted as a Patriarke) hee would often discourse that Kingdomes were due vnto vertue, not vnto kin­dred: That women were to bee excluded from the suc­cession of Kingdomes; and that their rule was mon­strous. Hee dealt also with the Queene by his friends, that she would substitute some out of the familie of the Stewarts, who if she died without issue, should succeed one after another in the Kingdome; and not to haue any regard whether they were legitimate or illegitimate, hoping that he should be one of them, being a Kings sonne, although illegitimate. But the Queene, when she out of her wisdome weighed, that such a substitution was a thing contrary to the Lawes of the Land, and would be a wrong vnto the right heires, a most perni­cious example, and perillous also for the substitutes themselues, yea and a barre vnto her to keepe her from [Page 31] mariage againe. She answered mildly, that she would take deliberation in the matter, and consult with the Estates of the Realme about it. And to shew herselfe courteous and bountifull to her brother, she created him Earle of Marre, and afterward Earle of Murrey (be­cause Marre was in controuersie) and aduanced him to an honourable mariage: All this shee did, being all this while ignorant that hee affected the Kingdome, (bragging that he was the lawfull sonne of Iames the fift.) And to make the way thereunto, he through the fauourwherein hee stood with the Queene, oppressed the most noble familie of the Gordons, who had very many vassals, tenants and retainers, whom hee feared much, both in respect of himselfe, and of their religion: And banished from the Court the Duke of Chasteaule­roy (who was accounted the next heire to the Crowne) imprisoned the Earle of Arran his sonne, banished Bothwell into England, and put all them that he thought might crosse him, out of office: And he as a Guardian kept the Queene as his Ward, and at his command, be­ing most carefull and diligent to keepe her from mariage.

And as soone as he vnderstood, that on the one side the Emperour sued to her for his brother, and the King of Spaine for his sonne; he disswaded her vtterly from them both: because (forsooth) the libertie of Scotland would not, nor could not endure a forraigne Prince. And whensoeuer that gouernment descended vnto women, that they maried no other husbands, but of the Scottish Nation: But afterwards, when all the Scots generally wished to see her maried, and hee found out that the Countesse of Lennox had so prouidently wrought, that shee inclined to marrie Darly; hee also commended him as a good husband for her, hoping the young man, being of a soft nature, would be ruled [Page 32] by him in all things. Yet when hee saw the Queene to loue Darly exceedingly, and he himselfe to grow out of her fauour, hee repented him of his counsell hee had giuen, and willed Queene Elizabeth to hinder her ma­riage by one meanes or other.

The mariage being made vp, and Darly proclai­med King, when the Queene reuoked the donations made to him and others, against the Lawes in her mi­noritie; hee with other, put himselfe in armes against the King; alleadging, that the new King was an ene­mie vnto the Religion of the Protestants; and that he was maried without the consent of the Queene of Eng­land. But hee fled into England (as I haue already said) neuer aduenturing to fight: And being frustrate of all hope of helpe from thence, hee dealt by letters with Mourton, a profound subtill man, who was as his other selfe, that since the mariage could not bee dissolued, yet that the loue betweene the parties might be broken by some secret deuices: and a fit occasion offered it selfe; for she vpon the arising of some priuate discontent, to keepe vnder the swelling minde of the young man, and to conserue her royall authoritie whole to her selfe, had begunne to set her husbands name last in the Pro­clamations and Records, and to omit it vtterly in the coine.

Mourton being a cunning man to breed discontents, with his flattering words crept into the Kings good liking and opinion, and then perswaded him to take vpon him the Crowne of the Realme, yea, in despight of the Queene, and to make himselfe free from the go­uernment of women; for that it is the condition of women, said he, to obey, and of men to rule. By this counsell, if it were taken, he hoped not onely to draw away the loue of the Queene, but of all the Nobilitie and commons also from the King, to estrange the [Page 33] Queene, and with diuers slanders first heartened the King to murther Dauid Rizius a Piedmountoys, lest that politike fellow should preuent their purposes (this man was a Musitian by profession, and came the last yeere with Moret the Embassador of Sauoy; and by the Queene for his wit and dexteritie receiued into her houshold and fauour, and preferred to write her French letters, and vnto her priuie Councell in the absence of the Secretarie.) Then to estrange her loue the more, he perswaded the King to bee present at the murder, with Ruthen and the rest, who rushing together with him in to the Queenes dining Parlour, at supper time (shee sitting at the table with the Countesse of Argile) as­saulted the fellow with their naked swords, as he tasted meat taken from the Queenes table, at the Cupbord (as the seruants of the priuie Chamber vse to doe) be­fore her face, being great with childe, trembling with feare, setting a Pistoll at her breast; so that shee was in danger of abortion, and dragged him into the vtter Chamber, where they most cruelly killed him, and shut vp the Queene into a Parlour: Mourton all this while guarding all the passages.

This murther was committed the euening before the day appointed vnto Murrey to appeare for his triall 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 seeme that the murder of Dauid was hastened of set purpose to procure the securitie and safety of Murrey. Yet the Queene at the earnest suit of the King, receiued him courteously, and continued in brotherly loue towards him. But the King when he considered the enormitie of the offence (and seeing now the Queene to bee very angry) repented his rash­nesse, and in humble manner submitted himselfe vnto [Page 34] her clemencie, weeping and lamenting, and asking par­don, did ingenuously confesse, that he committed that hainous offence by the instigation of Murrey and Mourton: and from thenceforth did so hate Murrey, (for Mourton, Ruthen, and others, were fled into Eng­land vpon the murther, with the commendatorie let­ters of Murrey vnto Bedford) that hee deuised to kill him. But when out of wrath and rashnesse, hee could not conceale his purpose, nor (such was his respect vnto the Queene his wife) durst execute it; he told her how profitable it would bee for the common-wealth, and also for the securitie of the royall familie, if Murrey were rid out of the way. She detesting the thing, ter­rified him euen with threats, from such enterprises, put­ting him in hope of reconciliation. Yet hee when hee saw, to his hearts griefe, the Bastard to be of such pow­er with the Queene, out of his impatience hee plotted the same matter with others; which when it came to the eares of Murrey, to preuent him, vnder colour of dutie, hee laieth closer snares for the young man, vsing Mourton (though absent) for his counsellor.

They thought it requisite aboue all things, vtterly to auert the Queenes minde from the King; and by flat­terie to induce Bothwell, lately reconciled vnto Murrey, and in great fauour with the Queene, into their societie, shewing him a hope to be diuorced from his wife, and to marrie with the Queene, as soone as she was widow. And for the performance of these things, and also to defend him against all persons, they bound themselues vnder their hands and seales, being perswaded, if the matter hit right, that they might by one labour kill the King, vtterly discredit the Queene amongst the Nobi­litie and Commons, vndoe Bothwell vtterly, and bring the gouernment of all the affaires vnto their hands.

Bothwell being a lewd minded man, blinded with [Page 35] ambition, and therefore venturous to attempt, quickly laid hold on the hope offered vnto him, and villa­nously committed the murther. But Murrey had se­cretly gone home a prettie way off, fifteene houres be­fore, that he might no way be suspected; and that hee might from thence giue aid vnto the Conspirators, when any need was, and all the suspition might light vpon the Queene. As soone as hee returned vnto the Court, both he and the Conspirators commended vn­to her Bothwell, as most worthy of her loue, for the No­bilitie of his familie, his valour shewed against the Eng­lish, and his approued fidelitie. They put in her head, that shee being alone and solitarie, was not able to re­presse the tumults that were raised, preuent secret plots, and vphold the burthen and heauie weight of the Kingdome. Therefore she might doe well to take as a Companion of her bed, counsell, and danger, the man that could, would, and durst oppose himselfe against all trouble. And they draue and enforced her so farre, that the fearefull woman, daunted with two tragicall murthers, and remembring the fidelitie and constancie of Bothwell towards her and her mother, and hauing no other friend vnto whom to resort, but vnto her bro­thers fidelitie, gaue her consent: Yet vpon these con­ditions, that aboue all this, prouision might bee made for the safetie of her little sonne; and then, that Both­well as well might bee cleered from the murther of the King, as also from the bond of his former mariage.

What George Earle of Huntley, and the Earle of Ar­gile, men of great Nobilitie in Scotland, did forthwith protest of this matter, I thinke good to set downe in this place, out of the originall, with their owne hands, sent vnto Queene Elizabeth, which I haue seene. For­asmuch as Murrey and others, to cloake their rebellion against the Queene (whose authoritie they vsurpe) doe [Page 36] slander her openly, as priuie and consenting vnto her hus­bands death: Wee doe publikely protest and sweare these things. In the Moneth of December, in the yeere of our Lord God one thousand fiue hundred fiftie and six, when the Queene lay at Cragmyller, Murrey and Liding­ton did acknowledge before vs, That Mourton, Lyndsey, and Ruthen killed Dauid Rizio, for no other end, but to procure the safetie of Murrey, who was to bee attainted at the same time. Therefore lest they should bee vnthankfull, they wished that Mourton and the rest, banished for the death of Dauid, might bee brought home againe: And this they insinuated could not be done, except the Queene were separated by a diuorce from the King, which they promi­sed to effect, if wee would grant our consents. And after­wards Murrey promised vnto me George Earle of Hunt­ley, the restitution of my ancient Patrimonie, and perpetuall fauour of the banished men, if I would fauour the diuorce. Then they went vnto Bothwell, that hee should consent thereunto. Lastly, we came vnto the Queene, 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 shewed, that it was much for the good and benefit of the Queene and the Common-wealth, that a diuorce were speedily sued out: forasmuch as the King and she could not liue together with securitie in Scot­land. She answered, she had rather depart into France, and liue priuately for a time, vntill her husband acknowledged his faults: for she would haue nothing to be done that should be wrong to her sonne, or dishonour vnto her selfe. Here­unto Lidington replied, saying: Wee that are of your Councell will prouide for that. But I command you (said she) not to doe any thing which may bee a blemish to my ho­nour, or a staine to my conscience. Let things be as they be, vntill God aboue doe remedie it: That which you thinke may [Page 37] be good for mee, may proue euill. Vnto whom Lidington said, Commit the matter vnto vs, 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 daies after, the King was most shamefully murdered; Wee out of the inward testimonie of our conscience, are most assured, that Murrey and Lidington were the authors and perswa­ders of this murder of the King, whosoeuer 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 bee brought to triall before the Parliament began: This also was gran­ted; and Lennox commanded to come in with his ac­cusation within twentie daies. On which day, when hee heard nothing from the Queene of England, and could not bee present in the Citie full of his enemies, without danger of his life; Bothwell was brought to the Barre, and arraigned, and acquitted by the sentence of the Iudges; Mourton also vpholding and maintaining his cause, and openly taking his part.

This businesse being finished, the Conspirators wrought so, that the most of the Nobilitie gaue their consent vnto the mariage, vnder their hands and seales, lest he (frustrated of the promised mariage) should ap­peach them as contriuers of the murder. But of this mariage of the Queene with Bothwell (who was created Duke of the Orkeneis) the suspition increased with all men, that the Queene was consenting to the Kings death: which the Conspirators increased by letters sent [Page 38] into all places, and in their secret meetings at Dunkelden they conspired forthwith to kill Bothwell, and depriue the Queene: Yet Murrey, that hee might be thought cleere of this conspiracie, obtained leaue of the Queene (but hardly) to trauell into France. And that he might put all diffidence out of her head, hee commended all his affaires and estate in Scotland, vnto the fidelitie of the Queene and Bothwell. Hee was scarce gone out of England, but behold the same men which had cleered and acquitted Bothwell from the murder, and consented vnto the mariage vnder their hands and seales, tooke vp armes against Bothwell, as meaning to apprehend him: And indeed they secretly willed him to saue himselfe by flight, for no other intent, but that hee should not be taken, and discouer all their plot, and withall, that they might lay hold of. his flight, as an argument or reason to accuse the Queene of killing the King. But shee being taken, they vsed her most contumeliously, and in most vnseemely fashion, and putting on her an old cloake, thrust her into prison at Lochleuyn, vnder the custodie of the mother of Murrey, who had beene the Concubine of Iames the fift, who most malapertly insulted ouer the calamitie of the imprisoned Queene, boasting that shee her selfe was the lawfull wife of Iames the fift, and that her sonne Murrey was his law­full issue.

As soone as Queene Elizabeth vnderstood these things, in her minde detesting this barbarous insolen­cie of Subiects (whom she called oftentimes Traitors, Rebels, vnthankfull and cruell fellowes) against a Princesse, her sister, and neighbour; She sent Nicholas Throgmorton into Scotland, to expostulate with the con­spirators for this insolencie vsed against their Queene, and to take some course how to restore her into her for­mer libertie, and for the seuere punishment of the mur­derers [Page 37] of the King; and that the young King might be sent into England, that order might bee taken for his se­curitie, and not sent into France. And what I shall hereafter declare (during his abode in Scotland) take yee vpon the credit of his letters, which is approued.

He found the most part in Scotland incensed against the Queene, who in plaine termes denied accesse vnto her, both to him, and also to Villeroy and Crocus the French Embassadors. Yet could not the Conspirators agree among themselues what to doe with her: Li­dington and a few others would haue her to be restored vpon these conditions: That the murderers of the King should bee punished according to Law; The Princes safetie prouided for; Bothwell diuorced, and Religion established. Others would haue her to bee banished for euer into France, or into England: So as the King of France or Queene of England, did giue their words, that she should resigne the Kingdome, and transferre all her authoritie vnto her sonne and certaine Noble men. Others were of opinion, that shee should be arraigned publikely, and condemned vnto perpetu­all prison, and her sonne crowned King: Lastly, others would haue her depriued both of her life and King­dome, by a publike 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 proue, that obedience was to bee yeelded vnto the higher powers, that carry the sword: And wittily argued, that the Queene was not sub­iect to the iudgement of any, but onely of the celestiall Iudge: That she could not be arraigned or brought to triall before any Iudge on the earth: And that there is no Magistrate had any authoritie in Scotland, which is not deriued from the authoritie of the Queene, and reuocable at her pleasure. They opposed the peculiar Law of the Kingdome, among [...] [Page 42] both the parties, before the Commissioners at Yorke.

On the fifth day after the resignation, Iames the Queenes young son was anointed and crowned King, Iohn Knox making the Sermon: The Hamiltons put­ting in a protestation, that it should be no preiudice vn­to the Duke of Chasteauleroy in the right of succession against the familie of Lennox. But Queene ELIZA­BETH forbade Throgmorton to be present thereat, that shee might not bee thought to allow the vniust abdi­ca [...]ion of the Queene, by the presence of her Em­bassador.

On the twentieth day after the resignation, Murrey himselfe returned out of France; and the third day af­ter, he with many of the Conspirators came vnto the Queene, against whom hee laid many hainous crimes, and perswaded her to turne vnto God by true repen­tance, and to aske mercie of him. She shewed her selfe sorrowfull for the sinnes of her former life, she confes­sed some things hee obiected, others shee extenuated, others shee excused by humane frailtie, and the most matters shee vtterly denied. Shee required him to take vpon him the gouernment of the affaires for her sonne, and required him earnestly to spare her life, and her reputation. He said, it lay not in his power, but it was to bee sought for of the States of the Realme; yet if shee desired to haue her life and honour saued, hee pre­scribed these things for her to keepe: That she should not trouble nor disturbe the tranquillitie of the Realme; That she should not steale out of prison, nor moue the Queene of England, or the King of France, to vex Scotland with forraigne or ciuill warre; That she should not loue Bothwell any more, or deuise to take re­uenge on the enemies of Bothwell.

The Regent being proclaimed, bound himselfe by his hand and seale, to doe nothing concerning peace or [Page 43] warre, the person of the King or his mariage, or the libertie of the Queene, without the consent of the Con­spirators. Hee willed Throgmorton by Lidington, not to intreat any more for the Queene; for that hee and the rest had rather endure all things, than that she being freed, should keepe Bothwell companie, bring her sonne into danger, her Countrie into trouble, and also pro­scribe them. We know (said he) what you English men can doe by warre: 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 vs. He denied also Ligneroll the French Embas­sador, to haue accesse vnto the Queene, vntill Bothwell was taken; and euery day hee vsed the distressed Queene worse and worse, whereas shee had deserued well at his hands, and contrary to his promise hee had made vnto the King of France. Thus much out of the Letters of Throgmorton.

Shortly after, Murrey put to death Iohn Hepborne, Paris a French man, Daglish, and the other seruants of Bothwell, who had beene present at the Kings death: But they (which Murrey little expected) at the Gallowes protested before God and the Angels, that they vnder­stood by Bothwell, that Murrey and Mourton were the authors of killing the King, and cleered the Queene from all suspition; as Bothwell himselfe prisoner in Den­marke all his life time, and at his death, did with many so­lemne oathes and religious protestations, affirme, that the Queene was not priuie nor consenting to it. And fourteene yeeres after, when Mourton was to suffer death, hee confessed, that Bothwell dealt with him to consent vnto the murder of the King, which when he vtterly denied, except the Queene did command it vnder her hand; To that Bothwell did answer, that could not be done, but that the deed must bee done without her knowledge.

[Page 44] This rash, precipitate and ouer-hastie abdication or depriuation of the Queene, and the ouerthwart stub­bornnesse of the Conspirators towards the Embassa­dors, both Queene ELIZABETH and the French King tooke very hainously, as a thing tending to the reproach of royall Maiestie, and began to fauour the Hamiltons, who stood for the Queene. Pasquier also Embassador from the French King, dealt with the Queene of England, that she might be restored by force of armes; but shee thought it the better way to forbid the Scots all trafficke in France and England, vntill shee was deliuered; and so by that meanes the common people might bee disioned from the Noblemen, who (as it seemed) were vnited in the conspiracie against the Queene.

Anno 1568.

IN Scotland the captiue Queene vpon the second day of May, escaped out of prison in Lochleuin, by the meanes of George Dowglas, whose brother had the custodie of her, vnto the Castle of Hamilton; where, hearing the testimonie of Robert Meluin and others, a sentence Declaratorie was made by the whole consent of all the Noblemen which were there met, being very many: That the Resignation extorted by feare from the Queene, was void from the beginning; and that the same was extorted, is confirmed by the oath of the Queene there present. Hereupon such a multitude [Page 45] came vnto her from all places in a day or two, as shee had an armie of six thousand valiant men, which yet Murrey easily put to flight, because they were so fierce, and would not bee ordered in the fight. The fearefull Queene, terrified with this vnfortunate successe, be­tooke herselfe vnto flight, riding that day threescore miles, and afterwards, by iournies in the night, came vnto the house of Maxwell, Lord Herris; and was more willing to commit her selfe vnto the protection of Queene ELIZABETH, than to trust her owne Sub­iects. Yet she sent before one Iohn Beton, vnto her (with a Diamond, which she had before receiued of her, as a token betweene them of beneuolence) who should signifie vnto her, that shee would come into England, and aske aid of her, if her Subiects pursued her any far­ther by warre: vnto whom Queene ELIZABETH promised very largely all loue and sisterly kindnesse. But before the messenger returned, she went into a lit­tle Barke (her friends much disswading her) with the Lords, Herris and Fleming, and few others, and lan­ded the seuenteenth day of May at Worlington in Cum­berland, neere vnto the mouth of the Riuer Derwent; and the same day wrote Letters in the French tongue, with her owne hand, vnto Queene ELIZABETH: Of the which the chiefe heads (since they doe comprize a longer Historicall narration of the things done a­gainst her in Scotland, than I haue declared) I thinke good to set downe out of the originall, which is in this manner.

You are not ignorant (my best sister) how many of my Subiects, whom I haue aduanced vnto great honour, haue conspired to oppresse and imprison mee, and my husband; and how at your intercession I receiued the same men into fauour, whom I had expelled out of my Kingdome by force of armes. But yet these men brake into my Chamber, and [Page 46] cruelly killed my seruant, I being great with childe, behol­ding it, and shut me vp in prison. When I had againe for­giuen them, behold, they laid vpon me a new crime, which themselues had wrought, and signed with their owne hands; and shortly after were enranked in battell against me in the field: but I trusting in mine innocencie, to auoid the shed­ding of bloud, put my selfe into their hands; forthwith they thrust me into prison, sent away all my seruants, but one or two maids, a Cooke, and a Physitian, enforced me by threats and feare of death, to resigne my Kingdome, and in the as­sembly of the Estates called by their owne authoritie, denied to heare me and my Agents, spoiled me of all my goods, and kept me from the speech of all men. Afterwards, by Gods helpe, I escaped out of prison, and accompanied with the flower of the Nobles, who came ioifully vnto mee, from all parts, I admonished mine enemies of their dutie and allege­ance; I offered them pardon, and proposed that both parts might bee heard in the assembly of the Estates, that the Common-wealth might not any longer be torne in sunder by these intestine mischiefes. 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 leaue mee. I requested that the Lord Boyd might talke with them vnder a safe conduct, about a composition; but they also denied the same vtterly. Yet I hoped they might haue beene recalled to acknowledge their dutie by your intercession. But when I saw I was to vndergoe either death or imprisonment, I intended to haue gone vnto Dun­britton; but they met mee in armes vpon the way, and put my friends vnto flight. I gat mee vnto the Lord Herris, with whom I am come into your Kingdome, vpon a certaine hope of your approued beneuolence, that you will helpe mee friendly, and by your example excite others to doe the same. Therefore I earnestly request you, that I may bee brought vnto you speedily, for I am now in great distresse, which I [Page 47] will tell you more at large, when it shall please you to haue compassion on mee. God grant you long and happy life, vnto me patience and comfort, which I hope and pray I may obtaine of him by your meanes.

Queene ELIZABETH in her Letters by Francis Knowles, and others, comforted her, and promised to protect her according to the equitie 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 conueied vnto Carlile, as vnto a safer place (if her enemies attempted any thing against her) by Lowder Lieutenant of the place, and the power of the Gentlemen of the Countrie. Shee hauing receiued this answer, and the accesse denied, both by her Letters, and also by Maxwell Lord Herris, shee earnestly be­sought her, That shee might as well shew the iniuries re­ceiued by her, as also cleare her selfe of the crimes obiected against her in her presence: That it was most iust that Queene ELIZABETH her nearest kinswoman of bloud should heare her in her presence, being banished; and also restore her vnto her Kingdome, against those whom being banished for their villanies committed, shee had restored vnto their estates, at the intercession of Queene ELIZA­BETH, and that to her owne destruction, except it were speedily auerted. Therefore she humbly requested, that ei­ther shee might bee admitted to her speech, and holpen, or that she might speedily bee permitted with her leaue and fauour to depart out of England, to craue helpe from some other place, and not to be detained any longer like a prisoner in the Castle of Carlile; forasmuch as shee came volunta­rily into England, trusting on her loue, oftentimes promised by Letters, Messengers, and tokens.

Through these letters, and the words of Herris, Queene ELIZABETH seemed (for who can reach into the secret cogitations of Princes? and wise people [Page 48] conceale to themselues their owne purposes) from her heart to haue compassion of this Princesse her kinswo­man, being in very great distresse; who was taken by her Subiects by force, thrust into prison, brought into danger of her life, condemned, and yet neuer heard speake in her owne defence (which is neuer denied to a priuate man) and had fled into England vnto her vpon an assured hope of helpe and reliefe. Moreouer, she was much moued, that the distressed Queene had volunta­rily offered, to haue her cause argued and disputed of before her, and had taken vpon her to proue her ad­uersaries guiltie of all the crimes whereof they had ac­cused her, who was innocent.

Whether the pittie of Queene ELIZABETH was vnfained or not, is not knowne: But certaine it is, the Councellors of England did enter into a mature delibe­ration, what should be done with her: If she should be kept still in England, they feared, that she which had an alluring eloquence, would daily draw to her part many more to fauour the right shee pretended vnto the Crowne of England, who would kindle her ambition, and leaue nothing vnattempted to purchase the King­dome for her. That forraigne Embassadors would helpe and assist her purposes; and that then the Scots would not faile her, when they saw such a faire prey. Moreouer, the fidelitie of keepers was vncertaine, and if she should die in England by sicknesse, it would giue occasion of slander, and the Queene should bee vexed and turmoiled euery day with new molestations. If shee should bee sent into France, they feared, lest her Cosens the Guises would againe pursue the right and claime shee made vnto England, vpon a conceit and opinion that she could doe much in England with some for Religions sake, with others by the probabilitie of the right, whereof I speake; and with many vpon a [Page 49] mad desire of innouation. Besides that, the friendship betweene Scotland and England, which is very profita­ble, might be broken, and the ancient league betweene France and Scotland renewed; which might be more dangerous than in former times, when Burgundy was tied vnto England in a stricter league than at this pre­sent; England hauing now no assured friends but the Scots. If shee should be sent backe into Scotland, they feared lest the English faction should bee put out of au­thoritie, the French faction raised to the gouernment of affaires, the young Prince expoled vnto danger, the Religion in Scotland changed, the French and other forrainers brought in, Ireland more vexed and annoi­ed by the Irish Scots, and she her selfe brought into dan­ger of her life by her aduersaries at home. Hereupon most of them thought best to detaine her as a lawfull prize, and not to bee let goe, vntill she had satisfied for the challenging the title of England, and answered for the death of DARLY her husband, who was a na­tiue Subiect of England; for the mother of DARLY the Countesse of Lennox, long since, blubbered with teares, in her owne name, and her husbands also, had made a grieuous complaint against her, and had be­sought Queene ELIZABETH that shee might bee arraigned for the death of her sonne [...]: but shee com­forting her with courteous words, willed her not to lay such a crime vpon so great a Princesse her nearest Cousin, wich could not be proued by any certaine euidence: That the times were malicious, and vniust spight blinde, which doth lay crimes vpon innocent persons, but that Iustice which is the punisher of offenders was open eied, and sitteth by God.

On the other side, the Lord Herris humbly besought the Queene, not to beleeue rashly any thing against the truth, against the Queene vnheard, and that in Scotland [Page 50] Murrey should not precipitate the Parlament, to the preiudice of the expulsed Queene, and to the destructi­on of good Subiects. Which though shee vrged excee­dingly, yet Murrey in the Kings name, held the Parla­ment, attainted many that stood for the Queene, spoi­led and destroied their houses and possessions. Here­upon the Queene of England being moued with indig­nation, signified by Midlemore vnto the Regent in bit­ter words; That shee could not endure, that by a most pernicious example vnto Kings, the sacred authoritie of royall Maiestie should be contemned by Subiects, and trodden vnder foot at the pleasure of factious peo­ple. And howsoeuer they had forgotten the dutie and allegeance of Subiects toward their Princesse, yet she could not forget any duty or office of good will and pietie towards her sister and neighbour Queene. There­fore it was best for him then to come himselfe, or else to giue commission vnto fit and apt men for this busi­nesse, who should make answer vnto the complaints of the Queene of Scotland, against him and his complices; and also yeeld iust reasons for their depriuation of her; if hee did not, that shee would set her at libertie forth­with, and restore her to her Kingdome, with all the power she could make. And withall, willed him not to sell away the Queenes apparell and precious or­naments, though the Estates had permitted the same.

Murrey did as she willed him, since he had depended vpon no other place, but onely vpon England, for this course of his fickle gouernment, and the Noblemen of the Realme refused to bee sent on that message. To Yorke therefore (the place appointed for the meeting) came hee himselfe and seuen of his dearest and most familiar friends, as Commissioners for the King infant, namely, Iames Earle of Mourton, Adam Bishop of Orke­ney, Robert Commendator of Dunfermellin, Patricke [Page 51] Lord Lindsey, Iames Mangill, Henry Balnaw: and Liding­ton (whom Murrey with faire promises enticed to come with him, fearing to leaue him at home) and George Buchanan, one that would sweare it if Murrey spake it, accompanied them. The same very day came thither Thomas Howard Duke of Norfolke, Thomas Ratcliff, Earle of Sussex, a little before made President of the North, and Sir Ralph Sadleir Knight, one of the priuie Councell, appointed Commissioners, to heare the cause of the depriuation, for the Queene of Scotland, (who tooke it most vnkindly that Queene ELIZABETH would not heare her to speake, and yet commanded her Subiects to be heard against her, before Commissioners; forasmuch as shee being an absolute Prince, could not be bound to answer but at pleasure, vnto her Subiects accusing her.) There appeared Iohn Leslie Bishop of Rosse, William Lord Leuingston, Robert Lord Boyde, Gawen Commendator of Kilwiming, Iohn Gordon, and Iames Cocburne, for her.

When they were met on the seuenth day of Octo­ber, and shewed each one to the other their Letters Pa­tents of their Commission; Lidington standing vp, and turning to the Scots, with a wonderfull bold speech admonished them: Forasmuch as it should seeme by the Commission granted to the English men, that the Queene of England had no other purpose, but that they should defame, disgrace and discredit the reputation and good name of their Queene mother to their King; and that shee as an vmpire and Iudge should giue sentence; that they should consider with themselues discreetly, what hate and danger they might draw vpon themselues by accusing her of crimes, and bringing her in danger and losse of reputation in this iuridicall and publike forme, before English men, the pro­fessed enemies of the Scottish Nation, not onely with the Scots that loued the Queene, bu [...] also with other Christian [Page 52] Princes, and her Cousins in France: and what reason they could yeeld for this insolent accusation (not without the wrong of the Scottish Kingdome) vnto the King, when he being riper in yeeres, shall thinke this action a reproach and dishonour to himselfe, his mother, and his Countrie also. Therefore he thought it most fit to leaue off the odicus accu­sation of so great a Princesse, except the Queene of Eng­land shall make a mutuall league offensiue and defensiue against all persons that shall trouble them for this matter. And thus the Secretarie of Scotland aduised them in the way of friendship. They looking one on another, said not one word.

The Commissioners of the Queene of Scotland (for the first place of honour was giuen vnto them) before they tooke the oath, protested although the Queene of Scotland was content that the causes betweene her and her rebellious Subiects should be argued in the presence of the English men, yet that shee did not therefore ac­knowledge her selfe to bee subiect to any, or vnder the rule of any, being as she is, a free Prince, and vassall and holding of none. The English men protested likewise, that they by no meanes admitted that protestation, to the wrong of that right which the Kings of England of long time haue challenged and claimed as the supe­riour Lords of the Kingdome of Scotland.

On the next day, the Commissioners of the Queene of Scotland by writing declare, How Iames Earle of Mourton, Iohn Earle of Marre, Alexander Earle of Glencarne, Hume, Lindsey, Ruthen, Sempill, &c. had leuied an armie, in the Queenes name, against the Queene, taken her, vsed her vilely, and thrust her into prison in Lochleuin, had forcibly broken into her minting house, taken away the minting irons, and prints, all the gold and filuer coined and vncoined, and had crowned her sonne (be­ing an infant) King; whose authoritie Iames Earle of [Page 53] Murrey, vnder the name of Regent, had vsurped, and had taken into his hands all the muniments, riches and reuenues of the Kingdome. And then they shew, how she as soone as she was escaped out of prison, after eleuen moneths, bad pub­likely declared, and taken her oath, that whatsoeuer she had done in prison, had beene extorted from her (vnwilling thereto) by force, threats, and feare of death; but yet for the conseruation of the publike tranquillitie, that she gaue au­thoritie to the Earles of Argile, Eglenton, Cassile and Rothsay, to make a composition with her aduersaries, who yet set vpon her with their men of warre, as shee intended to trauell to Dunbritton by vnknowne waies, killed very many of her faithfull subiects, lead others away prisoners, and banished others for no other cause, but for that they had done faithfull seruice vnto their lawfull Princesse. That she enforced by these their vile and lewd iniuries, retired and withdrew her selfe into England, to require helpe, which Queene ELIZABETH had oftentimes promised her, that shee might bee restored into her Countrie and former estate.

After a few daies, Murrey the Regent and the Com­missioners for the King Infant (so they called them­selues) make answer: That HENRY DARLY the Kings father, being murdered) Iames Hepborne, Earle of Bothwell (Who was accounted to bee the murderer) obtai­ned such fauour of the Queene, that he tooke her being not vnwilling, in the shew of violence, and carried her to Dun­bar, and tooke her to his wife (hauing put away his former wife:) That the Noblemen moued thereat, thought it their dutie to punish Bothwell the contriuer of the murder (for­asmuch as that murder was in euery place laid vpon many Noblemen Conspirators) to restore the Queene vnto her li­bertie, to [...]nloose her from her vnlawfull mariage, and to make prouision for the young Kings safetie, and the tran­quillitie of the Realme. And when the matter was now [Page 54] ready almost to come vnto a bloudie fight; That the Queene sent Bothwell away, thundred out threats against the Noblemen, breathed reuenge. So that it was of neces­sitie to keepe her in their custodie, vntill punishment might be taken of Bothwell, if he could be found. And that she, wearied with the trouble of gouernment, voluntarily re­signed her Kingdome, and transferred the same vnto her sonne, appointing Murrey to be Regent. Vpon this her sonne was with the due rites anointed and crowned King; and that all these things were approued and confirmed by the Estates in the Parlament. And that the Scottish Common-wealth by the iust administration of iustice reflourished, vntill certaine persons enuying the publike quietnesse, sub­tilly gat the Queene out of prison, and violating their fi­delitie toward the King, tooke armes, of whom, though the King (by the fauour of God) gat the victorie, yet they beare still the minde to worke and threaten all the hostilitie they may. And therefore it is very necessarie that the Kings authoritie may be conserued and established against such turbulent subiects.

To these things the Commissioners of the Queene answer in their Replication (hauing first repeated their former protestation,) and say; Whereas Murrey and the Conspirators doe say, that they tooke armes against the Queene, because Bothwell, whom they charge with kil­ling the King, was in great fauour with the Queene, they cannot with that glose cleare themselues from the marke of traiterous subiects; since it was not certaine to the Queene, that he killed the King. Yea contrariwise, that hee was ac­quitted, by the iudgement of his Peeres, of the murder; and that verdict was confirm [...]d by the authoritie of Parla­ment, with the consent also of them who now accuse him; and at that time perswaded the Queene to marrie him, as a man more worthy to beare rule, than any other; and gaue vnto him their word vnder their hands. Neither did they [Page 55] disapproue the mariage, so much as in word, vntill they had by faire words enticed the Captaine of the Castle of Eden­burgh, and the Prouost of the Towne vnto their side: For then late in the night, assaulted they the Castle of Borth­wicke (where the Queene lay) and when she, by the dark­nesse of the night, escaped, forthwith they leuied an armie vnder the pretence to defend the Queene, and met her going towards Edenburgh, with Banners displaied, ready to fight; and by Grange, whom they sent before, they willed her to send away Bothwell from her companie, vntill hee should be brought to triall: which she to auoid the effusion of bloud, willingly did. But Grange secretly willed Bothwell to depart away, and gaue his word that none should pursue him; so that he whom they might easily haue taken then, departed with their good leaue. But now hauing taken the Queene, they passed not vpon him, that they might aduance their ambitious purposes and designes. And whereas they charge her to haue vsed them with rough and rigorous words; it is no wonder, since they being her subiects, ha­uing sworne their allegeance vnto her, had vsed her more rudely and vilely than becommeth any to vse the Maiestie of a Prince. And when she most willingly referred the cause vnto all the Estates of the Realme, and signified so much by Lidington the Secretarie, they would not so much as heare the motion, but by night conueied her secretly vnto Lochleuyn, and put her in prison. In that they say shee voluntarily made a resignation of the Kingdome, for that she was wearied with molestations in the gouernment, is al­together vntrue; forasmuch as she was not outworne or de­caied by age, nor weake by sicknesse, hut both in minde and body able to discharge the most weightie matters of Estate. But this is most certaine, that the Earle of Athold, Tulli­bardin and Lidington (who were also of their counsell) did will her to subscribe vnto the Letters Patents of the resignation, that she might auoid death, assuredly intended, [Page 56] and that this would be no wrong nor barre to the prisoner, or her heires; forasmuch as prison is a iust feare, and a pro­mise made by a prisoner (by the opinion of the Lawyers) is of no force, and vtterly void. And that Nicholas Throgmorton did perswade her to the same, by a schedule written with his owne hand, whom she also requested to sig­nifie vnto the Queene of England, that she had subscribed by coaction, and against her will. Moreouer, that Lindsey when he brought the Letters Patents of the Cession to bee subscribed, threatned her with death, and draue her by force to subscribe vnto it, which shee neuer read, the teares run­ning downe from her eies. And that the Lord of the Castle of Lochleuyn refused to subsigne it as a witnesse, because he saw and knew for certaine, that shee subscribed against her will. Also that resignation and renunciation is most vn­iust, in which nothing is assigned vnto her, whereon shee may liue, nor libertie granted, nor securitie of life promi­sed. So that to men of indifferencie such like vniust resig­nation cannot seeme to preiudice her royall Maiestie; which as soone as she was free at libertie, openly declared, she did it by compulsion, making a Declaratorie thereof be­fore many Noblemen of the Realme. Neither ought those things which they brag they did by the authoritie of Parla­ment, be any preiudice vnto the Queene; for where in the Parlaments of Scotland about an hundred Earles, Bishops, and Barons haue their voices, in this tumultuarie Parla­ment, there were present no more but foure Earles, one Bi­shop onely, one or two Abbots, and six Barons; and of that small number, some did put in a protestation, that nothing should be done to the wrong of the Queene, or her successors, because she was a captiue. Neither were the Embassadors of England nor France admitted to know of her, whether she resigned her Kingdome voluntarily, although they made earnest suit sundry times. And that it is so vntrue, that the vsurping Regent hath iustly administred the Common-wealth, [Page 57] it is most apparant, that impietie did neuer reigne more, and with lesse controlment, in throwing downe Chur­ches, ruinating worshipfull families, and afflicting the mise­rable commonaltie. Therefore they request earnestly, that the Queene of England would speedily helpe the Queene her Cousin, most vniustly and vilely oppressed, with her fa­uour, aduice, helpe and assistance. Thus much out of the originall copies of the Commissioners, written with their owne hands, which I haue seene.

When the English Commissioners had heard these things, they required that Murrey should produce and proue more sound causes of this great seueritie vsed against an absolute Queene: Forasmuch as whatsoeuer had beene hitherto shewed, was not strengthened with witnesse, but with letters of small credit, and Lidington had insinuated that hee had oftentimes counterfeited the Queenes hand. He refused to accuse his sister any further before strangers, except the Queene of England did repromise to vndertake the protection of the In­fant King, and vtterly to relinquish the Queene of Scot­land. When they by the authoritie of their Commission could not promise it, one or two of either part are sent for vnto London; vnto whom Queene ELIZA­BETH declared: That shee could not yet cleere the subiects from fault against their Princesse; yet that shee would intreat her for them, and heare if they had any thing else to say for their excuse. Murrey who follow­ed them, in plaine termes refused to accuse his sister, but vpon the condition he had spoken of at Yorke. Then were the Commissioners called backe, and put out of Commission, the Duke being glad at his heart, who had alwaies fauoured the Queene of Scotlands right in the matter of succession, and thought that all this do­ing was nothing, but to brand her with the marke of eternall infamie, and thereupon to exclude her as an [Page 58] vnworthy person with her little sonne, of all her right of succession in England. And hee thought hee had thereby escaped two perils; for he feared, if he had pro­nounced against her, hee should doe against his con­science, and vndoe her for euer; and if hee spake for her, lest hee should incurre the implacable indignation of the Queene, and the hate of all them that loued her not for Religions sake.

But whereas at that time the affaires of Scotland were much troubled by the friends of the expulsed Queene, and the presence of Murrey was needfull there; he be­gan his accusation before the Queene, Bacon Keeper of the great Seale, the Duke of Norfolke, the Earles of Arundell, Sussex and Leicester, Clinton, Lord Admirall, William Cecill, and Ralph Sadleir Commissioners ap­pointed by new Letters Patents; and produced Articles standing vpon coniectures, the testimonies of some men, and the decrees made in the Parlament, but espe­cially certaine amatorie Epistles and Verses written (as he said) with the Queenes hand, to proue her priuie to the death of her husband, and Buchanans booke (called the Detection) hee gaue them to reade, which was of small credit with the greater part of the Commissio­ners, because hee was one of that side, and wonne by money to write. But as for the Epistles and Verses (which wanted names, subscriptions, and notation of the time; since that, there bee euery where many for­gers which can so cunningly imitate and counterfeit other mens hands, that hardly the true can be knowne from the false) Queene ELIZABETH gaue small credit, though there was womanly priuie hatred (which carrieth away that sex farre from the right) betweene them, and shee was well content that some blot of re­proach by this accusation was left, and remained on the Queene of Scotland.

[Page 59] But when her Commissioners heard that shee was contumeliously accused by Murrey, they were most ready to answer; but shee (being secretly instructed by many English Lawyers, that it was lawfull so to doe; forasmuch as the former authoritie and Commission giuen to the Duke and others was abrogated) had alrea­dy taken away their Commission: and shee in plaine termes, refused the new English Commissioners; of whom one or two shee thought to wish her no good, but rather ill; except the French and Spanish Embassa­dors might be added vnto them, and she herselfe might be publikely admitted to defend her innocencie before the Queene, and Murrey detained and brought to triall, whom she affirmed might be proued to bee the contri­uer of the murder of DARLY. Which things, when Norfolke, Arundell; Sussex, Leicester, and Clinton, thought not to be vniust; Queene Elizabeth somewhat angry, said openly, that the Scottish woman should neuer want an Aduocate, as long as Norfolke liued; and thought it enough to impart the crimes obiected by Murrey, vnto euery one of the priuie Councell, and also vnto the Earles of Northumberland, Westmerland, Shrewsburie, Worcester, Huntington and Warwicke, called together with an oath of secresie, lest they should preiudice ei­ther partie. And when Murrey was called home, and Boyde (as it was commonly reported) plotted to steale away the Queene of Scotland out of prison, the matter was put off vnto another time; Queene ELIZA­BETH from her heart hating the insolencie of the Scots, in depriuing of their Queene.

Murrey a little before his departure, had craftily pro­posed vnto Norfolke, the mariage with the Queene of Scotland, and also secretly by Meluin to the Queene a hope to be restored into her Kingdome (as wee shall de­clare anon) and at the same time to draw the loue of [Page 60] Queene ELIZABETH from the Queene of Scotland, he had spread rumors that she had transposed her right vnto England vnto the Duke of Anjeou, and that the transcription was confirmed at Rome; and shewed al­so letters (whether true or forged I will not say) which the Queene of Scotland had written vnto her friends, in which shee both charged Queene ELIZABETH as though shee had not vsed her according to her pro­mise, and bragged of hope of aid from some other per­sons. This put Queene ELIZABETH in great feare, yet could not shee coniecture from whence this new hope should arise, the ciuil warre increasing so in France, that the Bishop of Rhedon was sent vnto her by the King, to request her not to intermeddle with the affaires in France, and the Duke of Alba who was come the last yeere into the Netherlands to profligate the Prote­stants Religion, had very troublesome businesse come vpon him.

But, as it came to light afterward, Robert Ridolphus a Florentine, who had liued long at London, as a Mer­chant Factor, was suborned by Pope Pius Quintus (who durst not send a Nuntio openly) to stirre secret­ly the Papists in England against Queene ELIZA­BETH, which hee did both diligently and secretly. A small suspition was also growne out of the secret conferences at Yorke, betweene Lidington, the Bishop of Rosse, and Norfolke, whom they besought to ioine his aduice and care to helpe the most distressed Queene, offering vnto him also her in mariage, which hee, as a thing full of danger, reiected, with a modest answer: yet he promised not to abandon the distressed Queene, in as much as was lawfull for an honourable man to doe, sauing his allegeance to his Queene and Countrie. Ligon the seruant of Norfolke, a great Papist, much in­creased the suspition, by his often going to Bolton (the [Page 61] Lord Scroopes Castle) where the Queene of Scotland was kept by Francis Knolls, vnder the pretence of visi­ting Scroopes wife, who was sister vnto Norfolke. Al­though no certaintie was of this, yet for more surety, the Queene of Scotland was conueied from Bolton, where all the bordering neighbours were Papists, far­ther into the Realme, vnto Tutburie, and deliuered vnto the custodie of George Earle of Shrewsburie.

Anno 1569.

NOw Murrey, who had made himselfe a secure way to returne into Scotland, by the hope made to the Queene of Scotland of her restitution, and to Norfolke, and to others in England (for shee had re­pressed the Scots that lay in wait to kill him, and char­ged them not to impeach his returne) As soone as hee came vnto Edenburgh, he called the Noblemen friends to the Queene, vnder the colour to consult with them about her restitution. And when Hamilton Duke of Chasteauleroy, appointed Lieutenant by the Queene, and Herris perswaded by the letters of the Queene, too much credulous, came thither first, Murrey fearing some traps, circumuented them; and staying for no moe, put them in prison, and forthwith annoied and vexed the friends of the Queene with fire and sword.

Hereupon were rumours spread in all places of Eng­land against Murrey, namely, that hee had made a pact with Queene ELIZABETH that the young King of [Page 62] Scotland should bee deliuered vnto Queene ELIZA­BETH, to be brought vp in England: That the Castles of Edenburgh and Sterling should bee furnished with Garrisons of English men: That Dunbritton should be wonne for the benefit of the English: That Murrey should bee proclaimed successor vnto the Realme of Scotland, if the King died without issue, and should hold the Kingdome of Queene ELIZABETH, by fealtie and homage. These reports increased, and with a certaine probabilitie did so possesse mens mindes thorow all Britanie, that Queene ELIZABETH thought good, for the conseruation of her owne 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 vntrue, and deuised by them who enuied the tranquillitie of both the Kingdomes; and that there had beene no pact either by word or writing betweene her or her Agents and Murrey, since hee came last into England, that she knew of; but that the Earle of Lennox Grand­father of the young King had requested, that the King if hee could not bee safe in Scotland from the plots of wicked men, might be sent into England. Moreouer, she affirmed, that whatsoeuer is said of the paction be­tweene Murrey and the Earle of Hertford, namely, that they would giue mutuall helpe the one to the other, to get the Crownes of both the Kingdomes, to be vtterly false and vntrue. Lastly, that she was not the cause why the transaction betweene the Queene of Scotland and her little sonne was not concluded; and that shee will labour all that shee may, that it may bee effected. And indeed she did her best endeuour, though shee was tossed on the one side with feare out of the inuete­rate emulation, which doth neuer die betweene wo­men Princesses; and on the other side, with com­passion [Page 63] remembring oftentimes the frail [...]ie of man­kinde.

The Queene of Scotland kindled more this compas­sion and minished the feare with her often and louing letters; in which she solemnely promised, both for the courtesie which shee had found at her hands, and also for the neere bloud of kindred which was betweene them; that shee would attempt nothing against her, and that shee would not bee beholding to any other Prince for her restitution, but onely vnto her. Inso­much that Queene ELIZABETH dealt earnestly with Murrey, by Wood his Secretarie, and with other Scots about the restoring of her vnto her former digni­tie and estate, and if that could not bee granted, then that shee might bee ioined with her sonne; and if that could not be granted neither, yet that shee might liue a priuate life at home among her friends, freely, secure­ly, and honourably. But shee could not stirre or moue Murrey (who had all the gouernment in his hand) to yeeld a iot.

About the same time, a still rumor went vp and downe amongst men of the better sort, that the Duke of Norfolke would marrie the Queene of Scotland, which was a thing well taken of many, but in sundry manners, according as men wished. For the Papists hereby hoped to haue some good for their religion; and others hoped some profit would arise thereby vn­to the Common-wealth. But many men, who saw the Queene was not minded to marrie, and that for­reigne Princes, enemies vnto England, did cast their eies vpon the Queene of Scotland, as the most certaine Heire of England, thought it would bee a better way to establish quietnesse, and to containe the Queene of Scotland within bounds; that shee were maried to the Duke of Norfolke, the greatest and most honourable [Page 64] man of England, and a man in the loue of the people, and bred vp in the Religion of the Protestants, rather than to a forreigne Prince, who might bring both the Kingdomes into danger by her meanes, and also come so to inherit both the Kingdomes, which they heartily wished might be consolidated in a Prince of the English Nation, if the King of Scotland should happen to die, whom they also purposed to bring into England, that hee being the true heire of England, being brought vp amongst the English, might be better loued of the Eng­lish men. And thus all the scruples about the succession might be taken away, Queene ELIZABETH should haue no cause to feare the Duke, and the Queene of Scotland; when she had the King in her hands. More­ouer, that the Duke should attempt nothing against him, but loue him more dearely; They determined to espouse Margaret the Dukes onely and little daughter vnto him, to bee maried together when they came to riper yeeres. Amongst these were the Earles of Arundell, Northumberland, Westmerland, Sussex, Pembrooke, and Southampton,, and very many Barons, yea, and Leicester himselfe, whether in pollicie, and to worke the Dukes destruction, it is vncertaine: yet all these thought it good to acquaint the Queene with the matter, and to leaue the decision thereof to her pleasure, and that she should prescribe the conditions for the full securitie and safetie of her owne person, Religion and the Realme. But now take the matter briefly if you please, from the very beginning out of the written confession of the Duke, which I haue seene, and the memorials of the Bishop of Rosse, who was the greatest dealer in this businesse.

When the Commissioners met at Yorke the last yeere, Lidington and the Bishop of Rosse to winne his fauour, talked with the Duke of a mariage to bee made be­betweene [Page 65] him and the Queene of Scotland: and so did Murrey himselfe with the Duke at Hampton Court, who in priuate talke with the Duke, and also with many others, fained that he wished nothing more, than that matters in Scotland being set in good order, the Queene of Scotland his dearest sister, might be restored vnto her former dignitie and estate, so that onely she would sin­cerely and vnfainedly receiue into her former fauour and grace her subiects, and that all the remembrances of all offences might be quite forgotten. Yet he feared, if she maried a husband out of her owne choice, from France, Spaine, or Austria, that shee would reuenge the iniuries she had receiued, change the Religion receiued in Scotland, and procure great danger vnto Engl [...]d. To preuent these things, he promised to bestow all his labour, that where shee who had first maried a boy, then a rash and heady young man, and lastly too a mad­braine (those were his very words) might now bee ma­ried to the Duke, a man of discretion; which thing might turne vnto the tranquillitie of both the Realmes, the securitie of both the Princes, and especially to the establishing of Religion, since he (such was his respect vnto the Queene of England) might more prosperously containe Scotland in the amitie of the English, and might with the more ease draw the Queene of Scotland vnto the true Religion which he professed. With these same things Murrey also secretly acquainted the Queene of Scotland by Robert Meluin, and offered his labour very officiously, toward the effecting thereof. But the Duke answered, that he could determine nothing about the mariage, before that shee did cleere her selfe of the crimes obiected against her; yet Rosse as diligently as hee could, ceased not to draw him to it, being vn­willing.

A few daies after, Nicholas Throgmorton met the [Page 66] Duke in the Court at Westminister, vnto whom he pro­fesled and offered his seruice very kindly, and signified that Leicester would talke with the Duke, about the mariage betweene him and the Queene of Scotland, which Throgmorton said, seemed strange to him, since Leicester himselfe sued for the same mariage not long since. But he willed the Duke in friendship, if it were so, that he should giue the honour of that mariage vnto Leicester, who had beene before time a suiter therein. But if hee stood stifly in it, to denie and refuse it, be­cause that the Scots did charge her with very many hai­nous crimes. But yet, said Throgmorton, I wish from my heart, that shee were maried vnto you, as well for the good of Religion, as also that shee may not depend of any other but on our Queene. Yet this I forewarne you, if you doe any thing in this matter, let Leicester guide you by aduice; for you of yourselfe shall hardly get the Queenes consent.

A day or two after, Leicester moued the matter to the Duke, who answered iust euen as Throgmorton sore­warned him; and when hee came to speake of the crimes, Leicester extenuated the same, and called Ri­chard Candish witnesse, whose seruice (though suspe­cted) he commended vnto the Duke. Then Leicester told Pembrooke of the matter, and the Duke told Arun­dell; and they together with Throgmorton in their let­ters commended vnto the Queene of Scotland, the Duke as a fit husband (which Murrey had done also before:) The Duke also wrote and signified his loue, and offered his seruice in very louing words. From that time he imparted vnto them all the letters he wrote vnto her, or receiued from her; and they talked often­times with Rosse about the manner of concluding it. And by Richard Candish they propounded in the yeere one thousand fiue hundred threescore and eight, vnto [Page 67] the Queene of Scotland these Articles written with Leicesters hand: viz.

That she attempt nothing to the hurt of the Queene of 1 England and her children in the succession of the King­dome of England.

Shee should make a league defensiue and offensiue be­tweene 2 the two Realmes.

Shee should establish the Religion of the Protestants in 3 Scotland.

Shee should receiue into her fauour the Scots which 4 were now her aduersaries.

She should reuoke the assignation of the Kingdome of 5 England made vnto the Duke of Anjeou.

She should marie some English Nobleman, namely, the 6 Noble Prince Thomas Duke of Norfolke.

If she gaue her consent vnto these Articles, they pro­mised to procure the Queene of Englands assent, and that she should bee shortly restored vnto her Realme, and also bee confirmed in the succession of England. She readily admitted them all, but onely that she could say nothing vnto the league, before the French King was certified thereof. Shee protested that there was no assignation made vnto the Duke of Anjeou; yet she would procure him to make a release and renuntiation (if they stood vpon it.) And willed them aboue all things, to get the consent of the Queene of England, lest some hurt did come vnto her and the Duke for want thereof, which shee had experimented in the ma­riage with DARLY without her consent. Yet they thought best to trie first the mindes of more Noble­men; of whom most gaue their consent, with this clause, So that the Queene was not against it. Neither did the Kings of France and Spaine dislike it, onely they feared Murrey, lest hee that had first broached the mat­ter, and promised to further it all that hee could, should [Page 68] first hinder it. Yet they agreed on this, that Lidington who was then expected, should bee the first to trie the minde of Queene ELIZABETH. In the meane time the Duke imparted to the Lord Lumley whatsoe­uer had beene done in this businesse, and with much adoe obtained of Leicester to aske the aduice of some other friends. Yet a while after, he opened the matter by the consent of Pembrooke vnto Cecill also.

About which time, Leonard Dacres deuised and compassed to steale secretly away the Queene of Scot­land out of prison at Whinfield, where shee was kept by the Earle of Shrewsburie Northumberland being priuie vnto this deuice, signified it vnto the Duke, who for­bade them to doe it; for hee feared they would haue deliuered her to be maried vnto the King of Spaine, and hoped to obtaine the consent of Queene ELIZA­BETH, [...]re it was long.

But the rumor of this mariage came more plainly to the Queenes eare, by the Ladies and women of the Court, who smell out cunningly and quickly these loue matters. Which when the Duke vnderstood to be true, he dealt very earnestly with Leicester, both by Throgmorton and by Pembrooke, to open the matter spee­dily vnto the Queene: he made delaies, and lingred, as it were, to stay for a fit time to speake. But Cecill willed the Duke (who was now full of care) to open all the matter to the Queene himselfe, whereby all scruple might bee speedily taken away from the Queene and from himselfe also. Leicester was against it, and pro­mised to open the matter to the Queene in the pro­gresse. But in the time that hee put it off with smooth words, from one day vnto another, the Queene being at Farneham, set the Duke at her table, and bitingly wil­led him to take [...]eed on what Pillow hee laid his head. Then at Titchfield Leicester was somewhat sicke, or else [Page 69] fained so to bee: and vnto the Queene that came to see him, and cheered him comfortably, and perceiuing his spirit and bloud to bee drawne inward for feare, with sighs, and asking pardon of his fault, hee opened the whole matter from the beginning.

At which time the Queene called the Duke vnto her in a gallery, and chid him very much, that without her priuitie he had sued vnto [...]he Queene of Scotland in the way of mariage; and commanded him vpon his alle­geance, to cease from further medling therein. He pro­mised so to doe willingly and gladly, and doubted not to say (as though hee cared not a whit for her) that his reuenues in England, were little lesse than those of the Kingdome of Scotland, at this time lamentably impo­uerished by the warres; and also when hee was in his Tennis-court at Norwich, he seemed to himselfe to bee equall, after a sort, vnto many Kings. But from that time, he began to bee more deiected in minde, and when hee saw the Queene to looke and speake to him more sternely, and Leicester in a manner estranged, and most of the Noblemen to steale away out of his companie, scarce saluting or speaking to him, hasted vnto London without taking any leaue, and went in to Pembrooke, who bade him be of good cheere, and com­forted him very much. And on that same very day Queene ELIZABETH reiected with shew of dis­pleasure the Scottish Embassador, intreating her very much to deliuer the Queene captiue, and bade that she should behaue her selfe quietly, lest shortly shee saw them on whom she chiefly relied to hop headlesse.

And now when the rumor of the mariage was hot­ter euery day than other, and the French Embassador exceedingly vrged her deliuerie (more by the perswasi­on of some English men, than by the commandement of the French King, as it was after knowne:) new [Page 70] suspicions from euery place were laid hold on: and Cecill who applied all his care for the good of the Re­publike and Religion, was very diligent to finde the depth of the matter; and therefore wrote vnto Sussex Lord President of the North, who was a familiar friend, and neere allied in bloud vnto the Duke, to certifie the Queene what he knew of the Dukes mariage. But his answer is vnknowne vnto mee. And where it had beene obserued, that the Duke had many secret confe­rences with Murrey Regent of Scotland at Hampton Court; George Cary sonne to the Lord Hunsdon was sent secretly vnto Murrey, to learne of him if the Duke had imparted vnto him any thing about this mariage. The Duke in the meane while, terrified with a false rumor spread, that there was a commotion raised in the North, and being certified by Leicester, that he should bee put in prison, went out of the way into Norfolke, whiles his friends in the Court (who had promised so much) might auert & turne aside the storme that hung ouer his head, & he himselfe might mitigate the Queenes displeasure by his humble letters. But there were men set about him to marke and note all his actions. When he found no comfort among his friends, and Heydon, Cornwallis, and other worshipfull Gentlemen of those parts, perswaded him, if he were guiltie of any offence toward the Queene, to flie vnto her mercie; he waue­red, and was tormented with diuersitie of cares. In this while was the Court in quandarie, suspitious and feare­full that he would breake out into rebellion; and they say, it was determined to kill the Queene of Scotland presently if he did so.

But hee, out of his inbred good nature, and out of his conscience, that hee had not offended against any Law made treason (for that act of marying the Kings sisters, or brothers, or aunts children, without the [Page 71] Kings knowledge, made treason by Henry the eighth, was repealed by King Edward the sixt) and also for feare lest the Queene of Scotland out of suspicion should be vsed more hardly and extremely, hee sent let­ters vnto his friends in the Court, and told them, that hee stept aside vnto 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 eares in the Court, and asked pardon most humbly for his offence, and forthwith tooke his iourney toward the Court.

As he returned, at Saint Albans, Owen a gentleman be­longing to the Earle of Arundell, sent secretly by Throg­morton and Lumley, who were committed, willed him to take all the fault vpon himselfe, and not to lay it vp­on Leicester and others, lest he should make his friends his enemies. There Edward Fitz-Gerard brother vnto the Earle of Kildare (Lieutenant of the Pensioners) met and receiued him, and conueyed him vnto Burn­ham three miles from Windsor (where the Queene then lay.) Foure daies after, the Abbot of Dunfermelling de­liuered the letters of Murrey, Regent of Scotland, vnto the Queene; in which hee shewed her, that the Duke dealt with him secretly at Hampton Court, to fauour his mariage with the Queene of Scotland; and that if hee would not, he threatned him exceedingly, and that hee promised to fauour it, that he might preuent and auoid the await & ambuscado laid by one Norton to kill him; from whom and others, the Duke gaue his word hee should returne without danger. And that shortly after, the Duke requested him by his letters written in Ci­phers, to giue his consent vnto the mariage. Moreouer, that the Duke did signifie vnto him by Boyd, that hee would neuer forsake and abandon the Queene of Scot­land; and further, that the agents of the same Queene [Page 72] had almost perswaded the R [...]gent that Queene ELI­ZABETH had consented to the mariage; and also that she had offered to her the hope of the Kingdome of England. And Queene ELIZABETH also found out, that shee had signified vnto certaine Noblemen of England, to winne them vnto her side; that shee went about that businesse, which would bee very necessary for the most certaine securitie of the Queene of Eng­land, and the like safetie for both the Kingdomes.

The Duke, who had secret and warie commerce of letters (which were sent priuily in Ale-bottles) with the Bishop of Rosse, Leicester and Throgmorton was about this time examined about this mariage with the Queene of Scotland, and his secret conferences with the Bishop of Rosse, and confessed most things, was sent to the Tower of London, vnder the keeping of Sir Henry Neuill Knight, being bitterly reproued that hee had departed from the Court without leaue obtained, and charged as though he had intended to rebell. Two daies after, the Bishop of Rosse was examined in like manner, and Robert Ridolph, the Gentleman of Flo­rence, whom the Bishop of Rosse & others vsed familiar­ly, is deliuered vnto the custodie of Francis Walsingham. The Earle of P [...]mbrooke is commanded to keepe his house, and is priuately examined; yet in regard of his Nobilitie and old age, hee had the fauour, that his exa­mination was not set downe in writing. Which thing he required, because he could not write. Some Noble­men were forbidden the Court, as priuie to these mat­ters, who humbly confessed that they with the Duke agreed to the mariage, which Murrey had first pro­pounded; yet so that the Duke, the Queene of Scotland and they, willed that the matter should bee referred vn­to the Queene before the mariage was to be solemnized, and desired pardon for their offence. In like manner [Page 73] the Earles of Northumberland and Westmerland, who were of this counsell, submitted themselues vnto Sus­sex Lord President of the North, and besought him to make intercession vnto the Queene for their pardon. Also sundry Pamphlets came out against this mariage, and against the Queene of Scotland, and the right by which shee claimed to become heire vnto England; wherein they shewed their wits with such malapert saucinesse, that the Queene thought once to haue for­bidden them by seuere edict, and permitted the Bishop of Rosse (winking thereat) to make answer; who forthwith set forth a booke vnder the name of Morgan Philips, against them, wherein hee defended the ho­nour of his Queene, her right to succeed, and the go­uernment of women (for this also was impugned) but ingenuously acknowledged afterward in his Commen­taries, that he had his arguments for her right of succes­sion, secretly from Anthonie Browne chiefe Iustice in the common Place, and Carrell an excellent good com­mon Lawyer.

Shortly after, befell the rebellion in the North, rai­sed by the Earles of Northumberland and Westmerland, with many other Gentlemen. Who when they vnder­stood for certaine, that the Queene of Scotland (whom to set at libertie, they had principally taken armes) was caried away from Tutburie vnto Couentrie, vnder the keeping of the Earles of Shrewsburie and Huntingdon; and also moued with the great preparation of the Queene, they with a few others fled into Scotland.

Anno 1570.

THe rebellion in England being now quenched, Murrey Regent of Scotland laboured diligently, that the Queene of Scotland might be deliuered into his hands, and for that cause he both offered ho­stages, and also to restore vnto them the Earles of Nor­thumberland and Westmerland; and brought to passe, that the Bishop of Rosse, as the kindler of the rebellion, was committed vnto the custodie of the Bishop of Lon­don. Then to purchase the good will of Queene ELI­ZABETH, in the moneth of Ianuarie he came with an armie into the borders of Scotland towards England, to hunt out the English rebels, of whom he tooke a few, and those of small account; but at last hee found the Earle of Northumberland lurking about Hartlawe, amongst the theeues on the borders, discouered by his host (one of the Grayhams, who betraied him) and sent him vnto Lochleuin to be kept; and in this iourney he annoied and spoiled the borders exceedingly.

But in the same moneth, after hee had taken great paines, and thought himselfe in great securitie, he was shot from out of a priuie place, thorow the body a lit­tle beneath the nauell, with a Bullet, as he rode thorow the streets of Lithquo, by one Hamilton, who escaped by and by into France, and liued certaine yeeres after, oftentimes protesting, that he did it to reue [...]ge himselfe of a priuate grudge against him, hee not being able to endure patiently the iniuries he offered vnto him. For Murrey had banished the fellow, for that hee had stood for the Queene, and imprisoned him, threatning now [Page 75] and then to hang him, vntill he resigned and gaue away vnto a seruant o [...] Murrey, a littleground which came to him by his wife; whereupon his wife fell mad, and in a furious rage he brake prison, and committed the mur­der. Neither could the man after bee perswaded in France (when he seemed to be a man fit for a desperate action) to attempt the same against the Admirall Co­ligni; oftentimes saying, that he was the reuenger of his owne iust griefe, for which he was sorie; but he would not be the reuenger of another mans, neither for gold nor request.

Hereupon was there much talke of the Regent that was slaine, thorow all Britaine: The most wondering at vaine matters, namely, the dreame of his mother, of the Lion and the Dragon fighting in her wombe, after that King Iames the fifth had had his pleasure on her. Among the wiser sort, according to their partiall affections, commended he was by some, for destroying the Romane Religion in Scotland, the conseruation of the King a childe, the equall administration of iustice, and his munificence and liberalitie toward learned men, and B [...]chanan aboue the rest. On the other side, he was reproued by others, as though he tooke religion for a cloake, and enriched himselfe and his friends with the spoiles of the Church, and how hee was not onely iniurious, but also vngratefull vnto his sister the Queene, that deserued well at his hands, and insulted ouer her womanly weaknesse. And these men out of their suspitions, and the lewd disposition of many bastards, did ghesse and coniecture, as though he would not haue spared the sonne, hauing already depriued the mother of her Crowne. The Queene of Scotland her selfe was very sory, that he was taken away by that sud­den and violent death, before (as she said) he had purged his sinnes against God, his Countrie and Princesse, by [Page 76] hearty penitencie. But all the English men that fauou­red the Duke of Norfolke, accused him (as farre as they durst) for a craftie and false deceiuer.

The Noblemen of Scotland who stood for the King (not admitting the Hamiltons and the rest, who had stood for the depriued Queene) being to meet for the [...]lection of a new Regent, required the aduice of Queene ELIZABETH. Shee answered, shee would not meddle in the creation of a Regent, lest shee should seeme to preiudice the Queene of Scotland, whose cause was not yet decided and iudged. But they chose Mat­thew Earle of Lenox, the Kings Grandfather Regent, Queene ELIZABETH being not discontent with it, for she knew that hee would bee very louing vnto his young Nephew out of naturall affection, and kinde vnto the English men, in regard of the benefits he had receiued at their hands. And she did not doubt but hee would bee at her becke, since shee had his wife in her hands.

Whiles Queene ELIZABETH shewed fauour thus vnto the Kings side in Scotland; the King of Spaine did not abandon the Queene captiue; but by the meanes of Hamilton Rector of the Church of Dun­bar, he sent secretly out of the Low-countries, great store of Armour and Gun-powder, and seuen great peeces of Ordnance, and some money vnto Huntley the Gouernour of the North part of Scotland for the Queene. In this while, he, the Duke of Chasteauleroy, and the Earle of Argile, Lieutenants of the Queene, by a common consent, and with the consent also of the Queene, sent George Lord Seton Embassador vnto the Duke of Alba, who declared his message vnto him in these words: That hee was sent out of a Kingdome de­priued of publike peace, and of a worthy Princesse, through the trecherie of disloyall subiects, and that the substance of [Page 77] his Embassage consisted on these points: That aid may bee giuen vnto them, whereby the Queene may bee redeemed out of miserable captiuitie in a forraine land, and the Realme deliuered from the oppression of strangers: That the Scottish rebels might bee forbidden to trafficke in the dominions of the King of Spaine: And that the 10000. Crownes assigned by him to the Queene of Scotland might bee paid.

The Duke of Alba answered; That hee would bee ready and willing to further this her cause, vpon all oc­casions, vnto the King of Spaine, but that he could not prohibit the trafficke of the Scottish rebels (because it was contrarie to the libertie of the Low-Countries) and promised that he would disburse the money very short­ly for her vse. In the meane time the Lord Seton, the more to purchase the fauour of the King of Spaine and the Duke of Alba, went in disguised apparell vnto the States, and drew many of the Scots that serued them, vnto a reuolt, by faire words, good cheere, and such like enticements. And when he was at the point to bee put to the torture, he hardly, and with great danger of his life, escaped vnto the Duke of Alba, who promised to pay ten thousand Souldiers for halfe a yeere, but in vaine, because hee could not send ouer the Souldi­ers into Scotland, the warres were so hot in the Low-Countries.

In the meane time, the Bishop of Rosse who had fol­lowed the businesse of the Queene with good discreti­on, and was committed vnto the custodie of the Bishop of London (because he had secretly kindled the rebellion in the North) being now deliuered, brought to passe, that the French King, by his Embassadour, to wit, Montluc, dealt very earnestly with Queene Elizabeth about the deliuerance of the Queene of Scotland, who complained very much, that shee was kept straiter in [Page 78] prison, and that also vnder the Earle of Huntingdon, her professed enemie and competitor (since hee as openly made claime vnto the right of the Kingdome of Eng­land, as she did.) The same also was vrged exceedingly by the King of Spaines Embassadour, in his Kings name. The Queene made answer (after shee had re­hearsed the craftie purposes and deuices of sundry men for the deliuerie of the Queene of Scotland, who as she closely insinuated, was priuie to the late rebellion) that it would be great inconsideration, and dangerous folly to let her goe at libertie, who doth aspire so openly by such euill courses, vnto the Kingdome of England: That of necessi­tie shee was enforced to keepe her straighter in prison, to send away many of her seruants from her, whom shee had drawne thither in great number, and to ioine the Earle of Huntingdon (in whom she did acknowledge no right vnto the Kingdome, but some kindred with her) vnto the Earle of Shrewsburie, whom she had appointed to be her keeper, who long since began to suspect and distrust the fidelitie of some of his seruants, and had perceiued many of them daily wonne to fauour the Queene of Scotland, yet that the Earle of Huntingdon had beene remoued from her a good while since. Moreouer, she promised that she would omit nothing shee can doe, to make an end and a composition be­tweene the Queene and the Scots; and protested that shee will not reuenge the wrongs she hath receiued at her hands. But yet shee hoped that the Kings of Spaine and France, and the Queene of Scotland also, will giue her leaue to make prouision for the tranquillitie both of her selfe and her subiects; which nature, reason and her honour doe claime at her hands. If any of them shall deuise any better and more euident meanes to auoid perill and danger, that shee would with a good will heare and embrace the same.

After these things, the priuie Councell of England sate oftentimes, and consulted whether it was best that [Page 79] she were sent backe vnto her owne subiects, or kept still in England, and what courses were best to be taken for the best preseruation of the Kingdome, the Queene and Religion.

About which time Pope Pius Quintus, had caused his Bull or Sentence Declaratorie against Queene ELI­ZABETH (the pretensed Queene of England) and the Heretikes aduering vnto her (I vse the very words thereof) wherein also all her subiects were declared to bee absolued from their oath of fidelitie, and all other dutie, &c. And they that afterward obeyed her, were ex communicated, which was dated the fiue and twen­tieth day of Februarie, in the yeere of our Lord, one thousand fiue hundred threescore and nine) to be fixed on the gates of the Palace of the Bishop of London, in the night. Hereupon suspitions increased, that some dangerous matter was in working. And forthwith another rebellion was about to breake out in Norfolke, which was quenched in the beginning; some Gentle­men of Norfolke desiring to deliuer the Duke (who was exceedingly loued of all men) had deuised at Harleston Faire, by sounding of a Trumpet, to gather a multitude, vnder the pretence to expulse strangers out of the land.

Iohn Felton, who had fixed the Popes Bull on the Bishop of Londons gate in the night, being apprehended (for hee would not flie when hee might) being ar­raigned, with a stout courage confessed the deed, which yet he would not acknowledge to bee any offence, was executed neere vnto the place where hee had fixed the same.

The same day Felton was arraigned, the Duke of Norfolke confessing his offence, and shewing great penitence, and hauing by his writing giuen his word not to deale any more about the mariage with the [Page 80] Queene of Scotland without the priuitie of Queene ELIZABETH, was brought backe from the Tower of London, to the great ioy of the people, remaining at his owne house, vnder the keeping of Sir Henry Neuill. And indeed he could not be arraigned of treason by the Statute of 25. of Edward the third, as Cecill said, who desirous of the Dukes good, was earnest to haue him marrie another woman, whereby hee might bee lesse feared, and the publike tranquillitie conserued. Yet some there were that thought hee was let out of pur­pose, that he might be thrust into some greater danger. And indeed moe things came euery day to light than he suspected, and the credit of his most secret counsellors were corrupted with hopes, or with bribes.

These times were full of suspitions and conspiracies; for there conspired to deliuer the Queene of Scotland out of prison Thomas and Edward Stanley, the younger sonnes of the Earle of Derby, by the daughter of Tho­mas Duke of Norfolke, Thomas Gerard, Rolston, Hall, and others in Derby-shire: But Rolstons sonne, who was one of the Pensioners, opened the conspiracie, and they were all cast into prison, but Hall, who escaped into the Ile of Man, and from thence vnto Dunbritton, where being taken at the winning of the Castle, hee was con­ueied vnto London, and there executed as a Traitor. And the Bishop of Rosse himselfe lately deliuered out of prison, was againe deliuered vnto the custodie of the Bishop of London, for that he had secret conference with the Earle of Southampton, a man wholly addicted to the Romane religion.

Queene ELIZABETH (her minde being in great doubt of trouble, vpon the publication of the Bull, and the insurrection intended in Norfolke) sent Cecill and Mildmay vnto the Queene of Scotland, who then lay at Chattesworth in Derby-shire, to consult and deuise [Page 81] with her by what meanes the diuision in Scotland might in the best manner be compounded, she restored vnto her former estate, and prouision made for the se­curitie of Queene ELIZABETH, and the safetie of her little sonne. Shee did nothing but deplore her most distressed estate, complaine of the crafty policies of Murrey, excuse Norfolke, and put all her hope in the be­nignitie of Queene ELIZABETH. They for the making and establishing of a sincere league of amitie betweene the Realmes, propounded these Articles.

1 The Treatie of Edenburgh should bee confirmed: Shee should renounce her title and right to England during the life of Queene ELIZABETH.

2 She should not renew nor keepe any league with any Prince against England.

3 Shee should not admit or receiue any for­raine Souldiers into Scotland.

4 She should haue no practice nor intelligence with any Irish or English men, without the Queenes knowledge.

5 She should restore the English fugitiues and rebels.

6 Shee should make amends or recompence for the hurt done vnto the English borderers.

7 She should enquire, according to the Law, for the murders both of Darly and Murrey.

8 She should deliuer her sonne pledge into England.

[Page 82] 9 She should not marrie with any English man without the knowledge of the Queene of England, nor with any other against the wills of the States of Scotland.

10 The Scots should not passe ouer into Ire­land without leaue obtained out of England.

11 For the confirmation and assurance whereof, the Queene and the Commissioners to be appointed, should set to their hands and seales.

12 Six hostages, whom the Queene of Eng­land should name, should be sent into England.

13 If the Queene of Scotland attempted any thing against the Queene of England, by her selfe, or by any other, she should lose all her right (ipso facto) which she claimeth in Eng­land.

14 The Castles of Hume and Fast Castle, to be kept by the English men three yeeres.

15 Some Fortresse also in Galloway or Cantire should be deliuered vnto the English men, lest the Irish-Scots should infest Ireland from thence.

16 Lastly, the Estates of Scotland should confirme all and singular these things by the authoritie of Parlament.

To these propositions she out of her discretion did answer warily enough, vpon the sudden; but shee re­ferred them for a fuller answer vnto the Commissio­ners [Page 83] (sent by her Lieutenants in Scotland) who were the Bishop of Rosse, her Embasladour in England, Alexan­der Gordon Bishop of Galloway, Vncle vnto the Earle of Huntley, and William Lord Leuingston, who afterward admitted some of these Articles, and reiected others. They answered, That the treatie of Edenburgh should bee confirmed, the title renounced during the life of Queene ELIZABETH: That they must consider of the ancient league with France, which if they did not keepe, the Queene should lose her Dowrie; the Scottish Nation, of the which one hundred men at armes on horse-backe, and one hundred foure and twentie Archers are maintained in the Guard, Mer­chants, Students, many that possesse land by inheri­tance, and that haue spirituall liuings, should be put out, and lose their pensions, immunities and priuileges which they enioy, being very great, and Scotland should bee depriued of the amitie and aid of a most mightie Nation. Which things, except the English men did liberally and bountifully recompence, they cannot renounce and forsake the French league by any meanes: That they will not admit any forraine Souldiers, ex­cept in case of such a rebellion that cannot bee supprest by Souldiers of their owne Countrie: That the Queene of Scotland shall haue no intelligence with the subiects of England, so that the Queene of England in like manner shall haue none with the subiects of Scotland, to the hurt of Scotland: If there bee any English rebels or fugitiues, they be in the hands of the Scottish rebels, and are to be demanded of them: The hurts done, are to be examined by Commissioners: For the murder of DARLY and Murrey, let them be inquired of accor­ding to the Lawes of Scotland: That they cannot deli­uer the King for hostage, who is in the hands of them, that vse the Kings name as a colour for their rebellion [Page 84] against the Queeene: That it is strange, and a thing not heard of at any time, that a free Princesse should be pre­scribed in her mariage by a forraine Prince, and her owne subiects: That the Scots shall not bee sent ouer into Ireland, if reciprocally the Irish men be tied with the same condition, not to passe ouer into Scotland. For the more firme assurance of these things, they consen­ted to giue hostages whomsoeuer the Queene of Eng­land would name, except the Duke of Chasteauleroy, the Earle of Huntley, Argile and Atholl. Moreouer, they consented, that the Queene of Scotland should bee ex­cluded from all her right of succession in England, if she attempted any thing against the right of the Queene of England; so that the Queene of England might againe b [...]e tied in some equall penaltie also, if shee at­tempted any thing against the Queene of Scotland. Concerning the Castles of Hume and Fast Castle, they requested that they may bee restored vnto the Lord Hume, the true Lord and proprietarie of them, and that the English men would detaine them no longer from him: And that to deliuer Fortresses in Galloway or Cantire vnto forrainers, was no other thing, than to giue a new occasion of warre.

When they could not agree vpon these Articles, and the Commissioners came not from the Regent of Scot­land, and in the meane time it was reported and bruted, that aid was earnestly requested by her friends of the Pope, the King of France, and the Duke of Alba, for the deliuerance and freeing of the Queene of Scotland, and the English rebels, as Westmerland, the Countesse of Northumberland, and the rest, were conueied secretly out of Scotland, nothing came of this Treatie: but yet

The Bishop of Rosse sent the Articles of this treatie vnto the Pope, and the Kings of France and Spaine, and insinuated vnto them, that the Queene of Scotland [Page 85] must of necessitie yeeld vnto them, vnlesse they holpe her both with aduice and other aid very shortly, which he did most importunately request at their hands, but in vaine: for all they were earnestly busied with other matters.

Anno 1571.

A Little before this time, Ridolphus the Florentine, before named (who had vsed much merchan­dize and trafficke at London fifteene yeeres) sent very secretly the Letters of the Pope vnto the Queene of Scotland; in the which hee promised his care and studie to the vtmost of his goods and labour, to ad­uance the Catholike Religion and her; and required her to shew fauour, and giue credit vnto Ridolphus in all things; and also that hee may vnderstand by him, who now determined to returne into Italy, by what meanes he may doe any good, and giue any releefe vn­to the Catholike Religion, and remedy vnto the com­mon mischiefes in England and Scotland. Ridolphus al­so in his owne priuate letters requested the Queene to impart these things vnto the Duke of Norfolke, and her friends, and that she would commend him vnto them. But she delaied her answer (though the Kings of France and Spaine, and the Duke of Alba, wrote to the same effect) vntill she saw vnto what end the treatie already begunne, would come.

For there was come, as from the King of Scotland, to [Page 86] talke of the Scottish affaires, the Earle of Mourton, Pet­carne Abbot of Dunfermelling, and Iames Mac-Gill, who vnto Queene ELIZABETH (commanding them to lay downe euidently the causes of their depriuing the Queene of Scotland, and to proue them to be iust) shewed a tedious and long instruction or memori­all, wherein with a most insolent libertie and bitter­nesse of speech, they endeuoured to proue the people of Scotland to be superiour and aboue their Kings, by the ancient priuileges of the Kingdome of Scotland, by old forgotten and also late examples, collected from all places; yea, and by the authoritie of Caluin they also endeuoured to proue, that the popular Magistrates are appointed and made to moderate and keepe in or­der the excesse and vnrulinesse of Kings; and that it is lawfull for them to put the Kings that bee euill and wicke [...] into prison, and also to depriue them of their Kingdomes. But they spake much of their lenitie vsed toward their depriued Queene, because they suffered her to set her sonne in her place, and to appoint gouer­nours vnto him. That it proceeded out of the mercie of the people, and not for her innocencie, that they suf­fered her to liue: and many other things which turbu­lent wits doe malapertly deuise and inuent against the royall Maiestie of Kings. This memoriall Queene ELIZABETH read, but not without indignation; and as a libell written in the slander and reproach of Kings, condemned it, though she said nothing: but vn­to the Commissioners she answered, that as yet shee did not see a iust cause of their abusing and vexing the Queene in that manner; and therefore her will was, that they should take some speedy course for the quenching the diuision and discord in Scotland.

Hereupon, at the house of Bacon Keeper of the great seale, it was proposed vnto the Bishop of Rosse, the Bi­shop [Page 87] of Galloway, and the Lord Leuingston, Commissio­ners for the Queene of Scotland; That for to giue secu­ritie vnto the Kingdome and Queene of England, and vnto the Noblemen that tooke the Kings part, the Duke of Chasteauleroy, the Earles of Huntley and Argile, the Lords Hume and Herris, and another Lord should be giuen for hostages; and the Castles of Dunbritton and Hume deliuered vnto the hands of the English men for three yeeres: They answered, it was not to be doubted, but the Queene of Scotland, who of her free will commit­ted her selfe to the protection of the Queene of England, would also most willingly giue her satisfaction in all things which might conueniently bee done; but to deliuer such great men, and such Fortresses, was no other thing, but to spoile and depriue the distressed Queene of the succour and strength of all her most faithfull friends, and of most strong places. But they offered two Earles, of whom one should be one of the three named, and two Lords, to be hostages for two yeeres; but that the Holds and Ca­stles by the league could not bee deliuered vnto the English men, except others in like manner were deliue­red vnto the French men. But (said Bacon) all the Realme of Scotland, the Prince, the Noblemen and Castles, are not all sufficient to giue securitie vnto the Queene, and the most flourishing Realme of England; and therefore the Queene of Scotland was not to be let goe vpon any se­curitie the Scots could propose.

Hereupon they immediatly gathered, and said open­ly, that now at length they plainly vnderstood, that the English were resolued fully to keepe the Queene priso­ner for euer in England; and withall, to breake off the Treatie, since they exacted so earnestly such securitie, as Scotland could not by any meanes performe; yet the other Councellors of England protested, that they ear­nestly desired the deliuerance of the Queene of Scot­land, [Page 88] so that sufficient securitie were giuen. And to that purpose, they also talked with Mourton and his as­sociates hereof, and of deliuering the King into Eng­land, who in plaine termes answered, that they had no commission to treat or deale either to receiue home the Queene into Scotland, or to deliuer the King into Eng­land. But the Commissioners of the Queene of Scot­land reiected this speech as a friuolous excuse: For cer­tainly they that had authoritie to depriue the Queene, had also authoritie enough to restore and set her at libertie: neither needed they to looke for any authoritie from the rest of the Conspirators, since that their wicked fact had made them equalls (facinus quos inquinat, aequat.) As for the Prince he could not, being but fiue yeeres old, giue them authoritie; and as for the Regent, he had committed all the matter to Queene ELIZABETH, and to her pleasure. Therefore they besought the Commissioners of Eng­land, that these men might bee compelled to consult thereof, or else the matter ended, and compounded vp­on equall conditions, without these men. But Queene ELIZABETH, when shee saw nothing could bee done to giue her selfe, the King, and the Realme securi­tie, except both the factions agreed together; Shee thought it fitting that the Estates of Scotland which were shortly to assemble, did elect and choose out men who should endeuour to make a composition. Here­upon Rosse and his associates openly complained, that many of the Queene of Englands Councellors did abuse the prudence of the Queene of England, and the patience of the Queene of Scotland, and to haue delu­ded forraine Princes with their subtill policies, and brought the Scots in a vaine hope, to their great hurt. And indeed the Queene of Scotland stomacking and complaining of the same, and wearie of these delaies, called away the Bishop of Galloway and Leuingston, and [Page 89] commanded Rosse (whom the Queene of England had commanded to depart from London) to stay at London, by the right of an Embassador (which made a suspicion to grow) and appointed her friends in Scotland to take armes, and not trust any longer vnto the truces which had beene hurtfull vnto them.

For in the time wh [...]n these things were done in Eng­land, they had sustained great losses, many had beene put to execution, more slaine, and Dunbritton the strongest Fort in Scotland taken, and Iames Hamilton Archbishop of Saint Andrewes, brother to the Duke of Chasteauleroy, as priuie 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 captiue Queene had no hope left, and was in great griefe, and all her seruants but ten, and a Priest to say Masse, were sent away, and all her hope to obtaine her libertie was gone, shee could not refraine, but did open that which she had long concealed in her minde. Shee therefore sent secretly vnto the Duke of Norfolke, a long Commentarie of her purposes, which she had written before time, and certaine loue-letters in a priuate Character knowne to them two, and other letters to be carried to the Pope, and the King of Spaine, by Ridolphus, whom she commended as one very care­full of her good: and her very friend Higford the Dukes Secretarie, who wrote out this Commentarie and let­ters, in an vsuall hand and letter, was commanded to burne it, but hee hid it vnder the Matt in the Dukes chamber, and that of purpose, as it seemed. This Ri­dolph, once to the Duke himselfe, and more times by Barker, reasoned thus: That hee had obserued, that there were many Noblemen and Commons in England, that desi­red an Innouation; and those were of three sorts: Some [Page 90] that had bin in credit in the time of Queene Maries reigne, & now were not accounted of: Others, that were addicted to the Popish Religion, and grudged inwardly that they might not vse it freely: And others that were not content with their estate, and hoped for better. These were ready, but wanted some Nobleman to bee their Captaine or Leader, and forraine aid. There could not be a fitter man for Cap­taine, and more noble than the Duke, who had the loue of the Realme: And hee had great reason to reuenge the wrongs done vnto him, by his long detention in prison; and now to his reproach, not called vnto the Parlament, in which he had a place and voice, as the chiefest Nobleman, and Earle Marshall of England. And to perswade him the more effectually, he shewed him a roll of the No­blemen, who had vowed to spend their liues and goods for him, if he would attempt it. As for forraine aid, he assured him that the Pope (so that the Romish Religion might bee aduanced) would defray all the charges of the warre, who had already laid in banke a great summe of money the last yeere when the Bull was published; of the which money Ridolph himselfe had distributed a great part among the English fugitiues. Hee promised that the King of Spaine, irritated by the iniuries of the English men, would send to helpe them foure thousand horse, and six thousand foot, which might bee sent ouer 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 Nauie into the Low-Countries. Lastly, he concluded, that such a mo­deration might be vsed, that all suspicion of treason in the Duke might be taken away, and prouision made for the safetie of the Queene of England, if onely shee would embrace or tolerate the Romish Religion, and consent to the mariage of the Queene of Scotland with the Duke.

[Page 91] The Duke gaue eare to these things as likely, but yet refused to subscribe vnto the letters of credit (as they call them) which Ridolph, being ready to depart, shewed vnto him. Neither would he heare the aduice of Rosse, which hee had long studied, and put into his head by Barker; namely, that the Duke with a selected companie of Noblemen, to take the Queene suddenly, and to disturbe the Parlament, and by this meanes the mariage with the Queene of Scotland might bee finished, and the Ro­mish Religion set in better state in England, without any great stirre, and without any forraine aid: Which might easily be done, hauing so many Noblemen ready and prompt to enter into this action, as could not bee assembled againe in one place without suspicion. And iust cause there was, for that the Duke was kept long in prison against the Lawes of the Realme, and not admitted into the Parlament; and also for that more rigorous Lawes were deuised against the Pa­pists. And to doe this hee brought in the example of Ca­strutio in Italy, and others, who by sudden actions had prosperously effected great matters; and how fiue Noble­men in Scotland, very lately, had disturbed the Parla­ment wherein Murrey was to bee attainted, and gotten the Queene into their hands.

This aduice the Duke (who was out of his inbred good nature farre from any villanie) detested and disli­ked, as pernicious and dangerous. But about the same time, Henry Percy offered his seruice vnto Rosse, for to deliuer the Queene of Scotland out of prison; so that Grange and Carre of Ferniherst would receiue her at the borders of Scotland, and his brother the Earle of Nor­thumberland might bee deliuered out of Scotland. But when his credit was suspected, because of his priuate familiaritie with Burghley, and also he delaied the mat­ter very long, that plot came to nothing: (For the which, vpon his submission hee was notwithstanding [Page 92] fined in the Star-chamber at fiue thousand Markes, which neuerthelesse the Queene pardoned.) As also the plot of Powell of Sandford, one of the Pensioners, and of Owen, a Gentleman belonging to the Earle of Arundell, who intended to aduenture vpon the same action, but that Rosse did inhibit and hinder them, as not able to performe so great an attempt, since they were not men of that abilitie and meanes.

Yet did many English men hasten the mariage be­tweene the Queene of Scotland and the Duke of Nor­folke as much as they could; for they had by their per­swasions brought him to thinke of the mariage with her againe, contrarie to the promise he had made, which was first found out by these meanes.

Ridolph the Florentine (whom wee haue spoken of) being sent ouer Sea into forraine Countries, to deale in the Queene of Scotlands businesse, had acquainted Charles Bailiffe a Flemming, seruant to the Queene of Scotland, with all his speeches with the Duke of Alua, and had deliuered vnto him letters in Ciphers vnto her, the Spanish Embassadour, Norfolke, Rosse, and the Lord Lumley, all put in one Packet, which Bailiffe brought ouer with him, though Rosse had bidden him to leaue them with the Captaine of Calice to bee sent ouer. But as soone as hee arriued in Douer Hauen, hee was apprehended and put in prison; but his Packet of letters was sent to the Lord Cobham Warden of the Cinque-ports; which things Rosse knew with the first, and dealt so diligently and craftily with Cobham (who was not ignorant of the Dukes counsell) that that Packet was deliuered vnto him, and another with other old letters wrapped vp, was deliuered vnto the priuie Councellors: And this was also signified vnto Bailiffe. Yet hee being vpon the Racke, confessed some things, and amongst other, that a Packet of letters came to the [Page 93] hands of Rosse. This came to the knowledge of Rosse also, who forthwith very wisely sent away Çuthbert his Secretarie, and laid aside his Ciphers and priuie Cha­racters, with other things which might bring trouble, at his friends houses; so that when Sussex, Burgh [...]ey, Mildmay and Sadleir, searched his house most narrow­ly, they found nothing, nor could wring nothing out of him with interrogations; who stood vpon it still, that an Embassadour was not to be compelled to yeeld reasons and make answers to any but his owne Prince. Yet on the next day Rosse was deliuered to the Bishop of Ely to keepe, and shortly after hee was sent into the Ile of Ely. Also Sir Thomas Stanley, Sir Thomas Gerard Knights, and Rolston (of whom I haue spoken) were sent to the Tower of London. And Henry Howard (who had sued to the Archbishop of Yorke) vpon suspicion, was committed to the keeping of the Archbishop of Canterburie.

About the same time, the Queene of Scotland had sent a certaine summe of mony vnto the French Em­bassadour, for her friends in Scotland; hee deliuered it vnto Barker and Higford, who acquainting the Duke with the matter, deliuered it to one Browne a Citizen of Shrewsburie, a retainer of the Dukes, to bee carried by Banister and Lander into Scotland, vnto the Lord Her­ris. Browne being suspicious, when he perceiued by the weight, that they had deliuered the money in gold, and not in siluer; he deliuered it and the letters to the priuie Councellors. Herein the wiser sort did obserue, that this was the first time that the Duke did commit trea­son, in that he had giuen aid vnto Herris and the Scots, proclaimed enemies, who had depopulated the English borders. Hereupon Higford was cast into p [...]ison, who forthwith did voluntarily confesse all the matter con­cerning the money; and withall he told them in what [Page 94] places he had hidden the letters, Ciphers and the Com­mentarie of the Queene of Scotland (I mentioned) vn­der the Matt, and in the tiles.

The Queene of Scotland discoursed in this Com­mentarie these things at large. The French King allowed the conference appointed with the Scots, and that they pro­posed the mariage of Anjeou with Queene ELIZA­BETH, for no other purpose, but that they might with the better colour denie their aid promised to restore her: That they secretly sought to hinder her mariage with Don Iohn d'Austria, and that they fauoured exceedingly the mari­age with Norfolke (vpon malice to the Spaniard:) That the Duke of Alba did disallow the purpose of sending backe the Queene of Scotland into Scotland, so much that he thought thereby would bee wrought not onely the vtter destruction of the Queene, but also of the Romish Religi­on in all Britaine; because that the Queene returned into Scotland should be in danger of siege, or else of necessitie put to the aduenture of a battell with the Rebels, who may easily get her into their hands, by the helpe of the English men, before forraine aid could come to helpe her. There­fore since she cannot be in safetie in Scotland, and no hope of helpe was likely to be out of France, turmoiled with ci­uill warres, the most conuenient course seemed for her, to resort for succour vnto the King of Spaine, who had offe­red to marry her vnto Don Iohn d'Austria, which yet she would refuse, vpon condition that the Romish Religion might be restored in Britaine, by Norfolke. And also that her sonne might speedily be conueyed out of Scotland, and sent into Spaine; for so hee might bee kept in safetie, in­structed in his tender yeeres in the Romish Religion, and withall, all pretext taken from the Scots, who vse his au­thoritie and name to countenance their rebellion. For the working of these things, and the procuring of forraine aid, Ridolph was with speed to bee sent away, and admonished [Page 95] secretly to keepe these things from the French King by all meanes.

When the priuie Councellors had receiued this Commentarie, the letters I spake of, and others sent from the Pope, and Barker being taken, had confessed all these things; Sir Ralph Sadleir was commanded to watch the Dukes house (at the Charter-house in London) with a band of Souldiers. The next day the Duke him­selfe being examined (not knowing what his seruants had confessed, and thinking that the Commentarie had beene burned and the letters also) denied all things stoutly: a day or two after, namely, on the seuenth day of September, he was conueyed to the Tower of Lon­don againe, by Sir Ralph Sadleir, Sir Thomas Smith, Sir Henry Neuill, and Doctor Wilson. And then Banister, who was the Dukes Lawyer, and the Earles of Arundell and Southampton, the Lords Lumley, and Cobham, and Thomas his brother, Henry Percie, Lowder, Powell, Good­yeere, and others were put in prison, who euery one in hope of pardon, told all they knew.

As soone as the Commissioners shewed to him the confessions of these men, the letters of the Queene of Scotland, and of Rosse, with the Commentarie, hee was astonied; but beholding the Commentarie with the letters which he thought had beene burned, hee brake out into these words: I am betraied and vndone by my seruants, because I knew not how to distrust, which is the sinew of wisdome. But hee besought the Commissio­ners very humbly to speake vnto the Queene in his behalfe, promising that hee would hide nothing that hee knew; and solemnly protesting that hee approued nothing which might haue beene wrong vnto the Queene, or detriment vnto the Realme; yea, that hee vtterly condemned the purposes and plots to surprize the Queene and the Tower of London, and to set free [Page 96] the Queene of Scotland; and that hee neuer had a thought to bring in any forraine forces, but onely to suppresse the Scots that rebelled against the Queene. The same day, being examined of fiftie Articles, more or lesse, he concealed nothing. Then all the course of the businesse was laid downe and declared in the Star­chamber, a great assembly of Noblemen, the Maior and Aldermen of London being present, and afterwards to all the Citizens in the Guild-hall, by William Fleet­wood the Recorder.

But when the Bishop of Rosse was accused by the con­fession of euery one of them, and by the Duke himselfe also, as the contriuer of the businesse, a serious consul­tation was had, what was to be done with him, that was an Embassadour. For he whiles he thought it lawful for him (as such kinde of men vse to doe) to aduance the affaires of his Prince by any manner of meanes, and not to be brought in question of law vpon the inuiolable priuilege of Embassadours in a strange Court, had done many things long since turbulently, in kindling a commotion, and hauing nightly conferences with the Earle of Southampton and others, and now againe with the English f [...]gitiues in the Low-Countries, the Duke of Alba, the King of Spaine, and the Pope, about the inuasion of England: Therefore the cause was put to Dauid Lewis, Valentine Dale, William Aubrey, and Henry Iones Doctors of the Ciuill Law.

1 First, whether an Embassadour that raiseth or pro­cureth rebellion against a Prince vnto whom he is Embassa­dour, may enioy the priuileges of an Embassadour, and not be subiect to punishment as an enemie?

They answered; Such an Embassadour by the law of Nations, and ciuill Law of the Romans, hath lost all the priuileges of an Embassadour, and was subiect to punishment.

[Page 97] 2 Secondly, whether an Agent of a Prince, who is de­priued by publike authoritie, and in whose place another is crowned, may enioy the priuilege of an Embassadour?

They answered; If such a Prince be lawfully depri­ued, his Agent cannot challenge the priuilege of an Embassadour, since none but they which haue the rights of an absolute Prince can appoint Embassa­dours.

3 Thirdly, whether a Prince who shall come into the Kingdome of another Prince, and bee kept in prison, may haue his Agent; and whether he be to be accounted an Em­bassadour?

They answered; If such a Prince who shall come into the Kingdome of another Prince, and bee kept in prison, hath not lost his principalitie, hee may haue an Agent; but whether that Procurator may be reputed an Embassadour, that dependeth on the authoritie of his Commission or delegation.

4 Fourthly, whether if any such Prince doe denounce & tell to such an Agent and Prince being in prison, That this Procurator shall bee accounted no longer for an Embassa­dour; whether this Procurator by the Law may challenge the priuileges of an Embassadour?

They answered, The Prince may forbid the Em­bassadour, that he doe not come into the Realme, and command him to depart out of the Realme, if hee doe not containe himselfe within the bounds prescribed vnto an Embassadour; yet in the meane time hee may vse and enioy the priuileges of an Embassadour, ac­cording to the authoritie giuen him by his Com­mission.

After these answers of the learned Lawyers, Rosse being brought backe out of the Isle of Ely, was sharply rebuked and told by the Councellors, that hee was no more to be acknowledged for an Embassadour, but as a [Page 98] plotter of treasons to be seuerely punished. He answe­red, That he is the Embassadour of an absolute Queene vn­iustly depriued; That hee had dealt diligently according to his place and dutie, for the libertie of his Prince, and the good of both the Kingdomes; That he came into England with a sufficient authoritie (which hee shewed) with the most ample authoritie of an Embassadour; and that the sa­cred rights and priuileges of Embassadours are not to bee violated by any meanes. Burghley told him in discreet words, that neither the priuileges of Embassage, nor letters of publike credit did protect Embassadours who offend against the publike Maiestie of the Prince, but that they are subiect to punishment; otherwise it might bee lawfull for wicked minded Embassadours to attempt any thing against the liues of Princes. Hee on the other side stood still in it, that the rights and priui­leges of Embassadours were neuer violated by the course of Law, but (that I may vse his owne words) by the way of fact: and bitingly willed them not to vse him with more rigour, than was vsed to the English Em­bassadour Throgmorton in France, and to Tamworth and Randolph in Scotland, who had raised sedition, and openly maintained it; and had not any other punish­ment, but onely were commanded to depart within a time appointed. When they vrged him with the testi­monies of English men, he with faire words requested them not to doe so, since it was a long receiued cu­stome, which was growne to a Law (as hee said) That the testimonie of a Scot against an English man, and of an English man against a Scot was not to bee receiued. After much altercation, whether this was to bee allowed, but onely betweene the Borderers of both the Kingdomes, and that also in matters of the borders; and then whe­ther the English Embassadors had raised and fostered rebellions; Rosse was committed to the Tower of [Page 99] London, where he was kept very close, and answered in briefe to all the interrogatories, with that caution and warinesse, that his answers could hurt no body. Hee excused the Queene of Scotland, that she being a priso­ner, and in her best time and age, could not but seeke all the meanes she could of libertie, since Queene ELI­ZABETH excluded her from all accesse vnto her, put her out of all hope of her libertie, and openly maintai­ned her aduersaries. He excused the Duke, that he had dealt nothing in the mariage with the Queene of Scot­land, but with the consent of most of the Queenes Councell; neither that he could leaue her (though hee had promised so to doe vnder his hand) for that there had passed a mutuall repromission of future mariage betweene them before that time. Lastly, he excused him­selfe, that he being an Embassador, could not without a great offence depart from his dutie, and abandon his foueraigne Princesse in her affliction and aduersitie; and that hee propounded the taking of Queene ELI­ZABETH for no other cause, but to trie the Dukes minde, whether hee stood constant and resolute. But the crimes of the other he wittily extenuated, and by no meanes he could be induced to tell the names of the Noblemen that promised to helpe the Duke to surprize the Queene; But he confessed that he by the comman­dement of the Queene of Scotland, did aske aduice of the Duke, Arundell, Lumley, and Throgmorton, by their seruants that came to and fro, and the Vicount Mount­ague by Lumley, about the deliuerie of the Castles in Scotland, the hostages, the deliuerie of the King of Scotland vnto the English men, and the restoring of the English Rebels. Thus much of these matters this yeere, out of the Dukes confessions, and the Commentarie of Rosse himselfe, written with his owne hand, sent to the Queene of Scotland.

[Page 100] Matthew Earle of Lennox, Regent of Scotland, Grand­father to the King, had summoned an assembly of the Estates at Sterling, in the Kings name, where liuing se­curely, he was taken on the sudden by the Noblemen of the contrarie faction; who held a Parlament at Eden­burgh at the same time in the Queenes name. He had yeelded himselfe to Dauid Spense of Wormeston, who la­bouring diligently to saue his life, was slaine, together with the Regent (who had gouerned the Realme for the King his Grandchild but foureteene moneths) by Bell and Caulder. In his place was substituted by the voices of the Kings faction, Iohn Areskin Earle of Marre, who died after hee had beene Regent but thirteene moneths.

These dangerous times produced in the Parlament holden in England this Law: It was made treason, if any attempted any harme or hurt, made warre, or moued any other to raise warre against the Queene: If any affirmed that she possessed not the Crowne rightfully, but that others had more right to the Crowne, or did say that shee was an Heretike, Schismatike or Infidell; did vsurpe the right of the Kingdome during her life, or shall say, that any other hath right to the Crowne, or that the Lawes and Statutes cannot define and binde the right of the Crowne, and the succession of the same. If any in the Queenes life, by writ­ten or printed booke expresly affirme, that any is or ought to be heire or successor of the Queene, besides the naturall issue of her owne body; or shall print or sell any bookes or schedules to that effect; hee and his fautors for the first time shall be imprisoned a whole yeere, and lose halfe his goods; and for the second offence, incurre Premunire, that is, to lose all his goods, and lie in prison for euer.

This seemed somewhat seuere vnto many who were of opinion, that the tranquillitie of the Realme would bee established by the designation of a certaine heire. [Page 101] But it is wonderfull what iests somelewd construers of words, made of that clause, Besides the naturall issue of her body; since the Lawyers call them Naturall that are borne out of matrimonie, but the legitimate they call out of the forme of words vsed in the Law of Eng­land, Children of his body lawfully begotten; insomuch, that being a young man, I heard it often said, that that word was thrust into the Act by Leicester, to the intent that hee might at one time or other, thrust vpon them, against their wills, some Bastard sonne of his, as the na­turall issue of the Queene.

An Act was made also at this Parlament, that it should bee treason in them, who reconciled any to the Church of Rome, by any Bulls or Rescripts of the Popes, or any that were reconciled: they that releeued the reconcilers, or brought in any Agnus Dei, Grana, Crucifixes, or other things consecrated by the Pope, into England, should incurre the penaltie of Premunire. And that it should bee misprision of treason in them, that did not discouer their reconcilers.

It was moued in the same Parlament, that if the Queene of Scotland did offend againe against the Lawes of England, that they might proceed against her, ac­cording to the Law, as against the wife of a Peere of the Kingdome of England: but the Queene would not suffer it to passe.

Anno 1572.

ON the sixteenth day of Ianuarie, Thomas Howard Duke of Norfolke was arraigned at Westminster Hall, before George Talbot Earle of Shrewsburie, appointed for that day Lord high Steward of England; and on both sides of him sate the Peeres, namely, Rey­nold Grey Earle of Kent, Thomas Ratclif Earle of Sussex, Henry Hastings Earle of Huntingdon, Francis Russell Earle of Bedford, Henry Herbert Earle of Pembrooke, Ed­ward Seymer Earle of Hertford, Ambrose Dudley Earle of Warwicke, Robert Dudley Earle of Leicester, Walter De­uereux Viscount Hereford, Edward Clintōn Admirall, William Lord Howard of Effingham Chamberlaine, Wil­liam Cecill Lord Burghley Secretarie, Arthur Lord Grey of Wilton, Iames Blount Lord Mountioy, William Lord Sands, Thomas Lord Wentworth, William Lord Burrough, Lewis Lord Mordant, Iohn Powlet Lord Saint-Iohn of Basing, Robert Lord Rich, Roger Lord North, Edmund Bruges Lord Chandois, Oliuer Lord Saint-Iohn of Bletne­shoo, Thomas Sackuill Lord Buckhurst, and William West Lord De La-ware.

Silence being made, the Letters Patents of the Com­mission was read; then a white wand was deliuered vnto the Lord Steward, by Garter King at Armes, which hee shortly after deliuered vnto the Serieant at Armes, who stood by and held it vp all the while. Then the Earles and Barons were called by their names, and eue­ry one made answer to his name. Then silence was made againe, and the Lieutenant of the Tower was commanded to returne his precept, and to bring the [Page 103] Duke to the Barre. Forthwith he was brought in, and Sir Owen Hopton stood on the one side of him, and Sir Peter Carew on the other side; and next by him stood a man holding an Axe, with the edge from the Duke: Silence being made againe, the Clerke of the Crowne said thus to the Duke; Thomas Duke of Norfolke late of Keningale, in the Countie of Norfolke, hold vp thy hand: (which when hee had done, the Clerke read the In­ditement with a loud voice, that is to say, That in the eleuenth yeere of Queene ELIZABETH and after, the Duke did traiterously deuise to put her from her Crowne, and to kill her, and to raise warre against her, and to bring in forraine forces to inuade the Realme. That whereas he knew MARIE late Queene of Scot­land to haue claimed the Diadem of England, with the title and armes thereof, yet hee without the Queenes knowledge intended to marrie with her, and lent her a great summe of money, contrarie to the promise he had made vnder his owne hand. That whereas he knew the Earles of Northumberland and Westmerland, Markenfield, and others, had raised rebellion against the Queene, and were fled into Scotland, he releeued them with mo­ney. That in the thirteenth yeere of the Queene, hee by letters requested aid of men from Pope Pius Quintus, the professed enemie of the Queene, the King of Spaine, and the Duke of Alba, to deliuer the Queene of Scotland, and to restore Papistrie into England. Lastly, that hee gaue aid vnto Herris a Scot, and other enemies of the Queene in Scotland. This being read, the Clerke asked the Duke, whether hee were guiltie of these crimes or no?

He besought, that if it were lawfull by the Law, he might haue a Lawyer appointed him to defend or pleade his cause. Catlin Chiefe Iustice answered, that it was not lawfull. The Duke said; It is meet that I submit [Page 104] my selfe to the opinion of the Iudges; but there bee many darke and obscure points in this businesse; neither vnder­stood I of my arraignment till within this foureteene houres; I was kept from bookes; now I see, I am to fight for my life without weapons: Yet I haue heard, that a Lawyer was as­signed vnto Humfrey Stafford in a case of treason, in the reigne of Henry the seuenth. Dier chiefe Iustice of the Common pleas answered, that a Lawyer was assigned vnto Stafford about the priuilege of the Sanctuarie, from whence he was taken away by force, and that he answered for himselfe without a Lawyer for the trea­son. The Duke said, I must speake this day for my life, my goods, for my children, and that which is most to bee re­spected, for my loyaltie and honestie (let honour goe by:) yet let me aske one question; Whether that the enumeration of the crimes must be holden for true in euery part, and to which part I must answer? Catlin said, When the causes be true, the enumeration is also to be accounted true. I doe desire to be told (said the Duke) whether euery singular thing bee treason; For I haue heard in the cause of the Lord Scroope, in the reigne of Henry the fourth. As hee would haue said more, the Clerke of the Crowne interrupted him, speaking aloud; Thomas Duke of Norfolke, art thou guil­tie, or not guiltie? He said, Not guiltie. The Clerke asked him againe; How wiltthou betried? I commend (said he) my cause to God and to my Peeres: The hainousnesse of my crimes woundeth my heart, but the benignitie of her Maie­stie from whom I could expect no more, doth recomfort me: and I beseech you, my Lord Steward, that I may bee dealt withall according to Law, and that my memorie, which is slipperie, may not be opprest with the confused varietie of things. That I haue you my Peeres and Iudges, I acknow­ledge my selfe happy; for vnto many of your integrities I would willingly commit my life. I trusting vnto mine innocencie did not flie: but yet I cannot but ingenuosly con­fesse, [Page 105] that I haue transgressed against the Queene, 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 Queenes Serieant at law; The crimes of treason whereof thou art indicted are these: Thou didst deuise to depriue the Queene of her Realme and of her life: Thou didst intend to marrie with the Queene of Scotland: Thou didst send for forraine pow­er to inuade the Realme: Thou gauest maintenance vnto the Rebels, and didst helpe the Scots, enemies to the Queene. The Duke interrupted him, saying, Bar­ham, I pray you doe not aggrauate the matter with words, in obiecting the mariage and other things which be not trea­son. Barham turning to the Noblemen, vrged the mat­ter, saying; He that would marrie her that claimeth the Kingdome, the same man desireth and seeketh after the Kingdome; but this the Duke began when he was one of the Commissioners at Yorke, to heare the cause of the Queene of Scotland; at which time hee was sworne to weigh indifferently and vprightly the accusations and defences on both sides. The Duke said; That cause hath sundry parts, which bee without the compasse of treason. The Steward of England bade the Duke not to vse such digressions from the purpose, who when Barham still vrged it with a loud voice, hee acknowledged that the Queene of Scotland had claimed the Realme of England as due to her, but that shee had giuen ouer the claime long since.

Barham to the contrarie shewed how she had not left off the claime, because she had not yet made a release or renunciation thereof; and hee accused the Duke hai­nously 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 moued the mariage vnto him, and that hee refused it, and that hee [Page 106] 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 haue mentioned before, to proue that the Duke did vnmeasurably desire the Kingdome: and stood much vpon this point; What other thing could the Duke propose vnto himselfe in his minde, without the priuitie of the Queene, to marrie the Queene of Scotland, a woman without goods, without King­dome (her sonne being now established in the Realme of Scotland) but that hee might get by her meanes or right the Kingdome of England, and consequently depriue the Queene of her life and Kingdome? The Duke said; These things are farre fetcht to conuince me to haue imagined the depriuation and destruction of the Queene. I will come neerer, said Barham: It is not vn­knowne that you deuised with others, to surprize the Tower of London (which is the chiefest hold of Eng­land,) so that it is of necessitie that you then compassed the destruction of the Queene, since Kingdomes can­not endure to haue a partner. The Duke denied not, that one Hopton put into his head, the surprizing of the Tower, yet that he reiected the same: Why then, said Barham, didst thou aske the Earle of Pembrookes aduice, who disswaded thee?

Barham went on, and vrged him, that when the Queene requested of the Infant King of Scotland cer­taine Castles, and the English Rebels out of Scotland to bee deliuered; the Duke secretly willed the Scots not to consent thereunto. He accused him also, that he attemp­ted priuily to steale away the Queene of Scotland out of prison: And this was after hee had solemnly promised to meddle or deale with her no more.

Then Candish was brought in witnesse against him; that the Duke had a resolute purpose to marrie her, and [Page 107] that hee asked him if hee could draw his Vncle to his side, if Queene Elizabeth died. The Duke vtterly deni­ed these things, and reiected his testimonie, as of a needy man, and a childish witnesse. Moreouer, it was shewed, that the Duke sent secretly his man to the Earles of Northumberland and Westmerland, to aduise them not to rise in rebellion, as a thing that would proue very dangerous. Also the letters of the Queene of Scotland were shewed, wherein shee lamented that Northumberland was intercepted before hee was ready to rise. (For this flying newes was brought to her, per­chance of set purpose.)

To these things the Duke answered: These reasons doe not probably proue, that he compassed the destruction of the Queene, and that nothing yet brought against him, was of any moment, but onely the testimonie of the Bishop of Rosse; neither was this to be receiued, since he was a for­rainer, citing the authoritie of Bracton, the most learned Lawyer of our Land; that he neuer made such reckoning of Northumberland and Westmerland, that hee would put his life into their hands: he relied (he said) and trusted so much vnto his innocencie, that hee had neuer so much as a thought to flie.

Gerard the Queenes Atturney said; It is most appa­rant that he did purposely intend to marrie the Queene of Scotland to worke the Queenes destruction: It is al­so apparant, that he did aduisedly consult of inuading the Realme, by the letters vnto the Pope, the King of Spaine, and the Duke of Alba. All his dealings with Ridolph are now well knowne, by the secret Ciphers and Charactericall notes hidden vnder the tiles of Howard house; also by the letters (which hee comman­ded to bee burned) found in the Matts in the entrie of the chamber; and all these things may bee proued out of the examinations of them who were not terrified [Page 108] with torments, nor attainted of treason. To these mat­ters the Duke said; Of the consultations of the Pope and the King of Spaine, I was neither author nor fautor; yea, I alwaies disliked them. Let them bee punished that com­mitted the fault, and let them not charge mee, to excuse themselues.

Furthermore Gerard accused the Duke, that hee tal­ked with Ridolph of the landing of ten thousand Soul­diers out of Flanders at Harwich, a Hauen in Essex; and this out of the examination of Barker: And also that letters were written and sent by Ridolph vnto the King of Spaine, and the Duke of Alba, vnto which, al­though the Duke did not subscribe, yet that hee sent by the counsell of Rosse, Barker his Secretarie vnto the Spa­nish Embassadour, who should assure them that they were his very letters. The Duke said; My memorie fai­leth me, neither can it call to minde such intricate varietie of matters. You Lawyers haue your briefe notes, I am put to answer ex tempore. This is also improbable, that I should deale with the Pope, vnto whose Religion I was alwaies an aduersarie. I had rather be pulled in peeces by horses, than reuolt from the Religion I professe. The situation of Har­wich doth easily confute all this accusation. Who seeth not, how hard a matter it is to bring an armie thorow that Coun­trie, which is all enclosed, and most troublesome, with nar­row waies? If I had imagined to make warre against my Prince, I should doubtlesse haue furnished my selfe with Armour; but in these whole ten yeeres, I haue not bought any more than eight Corslets, and no Gun-powder at all; I would neuer haue committed such letters vnto Barkers fidelitie, but rather vnto Banister, whom I esteemed aboue many Barkers.

Now were brought forth the letters of the Bishop of Rosse, sent out of prison vnto the Queene of Scotland, and intercepted; out of which the former things were [Page 109] confirmed. The Duke required to see the letters; for he seemed to doubt that they were counterfeit. But the Lord Steward said, Doubt not, they bee written with Rosses owne hand. Another short letter written with Oker by the Duke, commanding his man to burne a bundle of letters hidden in a certaine place, and to lay the fault vpon Rosse, who might easily auoid the Law, by the priuilege of an Embassadour, was also shewed: To these letters the Duke said; I being certified, that it was diuulged amongst the common people, that I had accu­sed many; I answered in that short letter; and when I saw all places to be narrowly searched, I commanded that bundle to be burned, that I might keepe many men from trouble.

Bromley the Queenes Sollicitor, shewed the letters of Ridolph, wherein hee signified, that the Duke of Alba approued their purpose; and also the Popes letters vnto the Duke, dated the tenth day of May. Then Wilbra­ham made an cloquent speech of the credit of the testi­monies of the Bishop of Rosse, and of the Dukes ser­uants. Vnto which the Duke said; I haue not the skill to refell so polished and ornate a speech; yet the Orator as skilfull as be is, for all that, left out what the force of feare is, which oftentimes quaileth and dauntoth a good courage; and againe he commended and vrged Bracton against the credit of forraine witnesses. Catlin chiefe Iustice made answer: In such causes as these, the testimonies of for­rainers are allowable, and that it was in the will of the Peeres to giue credit or disallow such testimonies.

Now they were come to proue that the Duke had releeued the Rebels after they were fled, which appea­red out of the letters of the Countesse of Northumber­land, in which she gaue thanks to the Duke for the mo­ney secretly sent vnto her and her husband. As con­cerning the last obiection, about the releeuing the Scots, enemies to the Queene, was proued out of the Dukes [Page 110] letters to Banister, out of the confession of Banister, and the money deliuered vnto Browne of Shrewsburie. Here the Duke asked the Iudges, Whether the subiects of another Prince confederate with the Queene, may bee ac­counted enemies to the Queene? Catlin answered, they might; and that the Queene of England may make warre with some Duke of France, and yet at the same time be in amitie with the King of France.

When now it drew toward night, the Lord Steward asked the Duke what hee had more to say for himselfe? He answered; I put my trust in the equitie of the Lawes. The Lord Steward commanded the Lieutenant of the Tower to take the Duke aside; and then silence being made, he turned vnto the Peeres, and said: You haue heard how Thomas Duke of Norfolke hath beene indited of high treason, who hath pleaded not guiltie, and put him­selfe vnto God and to you; therefore it is your part, to con­sider among you, whether he be guiltie or no, and to declare your opinion according to your conscience, and vpon your honour: and withall, he bade them to goe aside, and to consult one with another. After a little time, they re­turned vnto their places: Then the Steward beginning at the lowest, said: My Lord De La-ware, is Thomas Duke of Norfolke guiltie of the crimes of high treason, whereof he is indited, or not guiltie? He rising vp, lay­ing his hand on his breast, said, Guiltie. In like man­ner were each one asked in their order. Then was the Duke brought againe to the Barre, vnto whom the Lord Steward spake in this manner: Thomas Duke of Norfolke, thou hast beene indited of sundry high treasons; and put thy selfe to bee tried by God and thy Peeres, who haue found thee guiltie; hast thou any thing to say why iudgement should not be given against thee? Hee answe­red, The will of God (who will iudge betweene mee and my false accusers) be done.

[Page 111] All men now keeping silence, the edge of the Axe was turned towards him: Then Barham for the Queene requested the Lord Steward to giue iudgement; which he (weeping) did, in these formall words: Forasmuch as thou Thomas Duke of Norfolke hast beene indited of high treason, and hast pleaded not guiltie, and hast put thy selfe vpon thy Peeres, who haue found thee guiltie; therefore this Bench doth adiudge that thou shalt bee lead backe from hence vnto the Tower (from whence thou camest) and from thence laid on a Hurdle, shalt be drawne vnto the place of execution, and there to bee hanged, cut downe aliue, to bee bowelled, thy head cut off, thy body to bee diuided into foure quarters, thy head and thy quarters to bee disposed of at the Queenes pleasure: And so our Lord haue mercie on thy soule. The Duke hearing this iudgement, said with a good courage; Iudgement is giuen against mee, as against a Traitor; I trust in God, that excluded from your fellow­ship, I shall enioy the celestiall fellowship; I will prepare my selfe to die; I request this one thing, that the Queene would bee good to my children and seruants, and see my debts paid.

A few daies after Barney and Mather were executed, who conspired with Herle a Ruffian, to kill some o [...] the priuie Councellors, and to deliuer the Duke: But Herle presently discouered the matter, vnto whom Barney said smiling (when hee saw him brought forth to giue euidence against him) Herle thou wentest but one houre before me, otherwise I had stood there in thy place to giue euidence, 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 Dukes death, which yet was staied and deferred for foure moneths. But on the se­cond day of Iune, at eight of the clocke in the mor­ning, the Duke was lead vnto a Scaffold new builded on the Tower-hill; and when hee was gone vp, and Alexander [...] [Page 114] [...] [Page 115] [...] [Page 114]

To these things she (first protesting that shee was a free Queene and subiect to none) answered with a stout courage and countenance.

1 That shee had not vsurped the title and armes of England, but that the King of France and her husband imposed them vpon her, being very young, and vnder the direction of her husband, and therefore not to bee laid vpon her for a fault; neither that she did weare or vse them after her husbands d [...]ath; neither that shee will claime them as long as Queene ELIZABETH and her children liued.

2 That she neuer imagined any detriment or hurt to the Queene by her mariage with the Duke of Norfolke, being perswaded it would bee for the good of the Common-wealth; and that shee did not renounce it, because shee had giuen her faith and troth vnto him.

3 That she willed the Duke by some meanes to get away out of danger and prison, which shee did out of the dutie she ought to him as her husband.

4 That shee had not raised rebellion, nor was priuie to the same, who was alwaies most ready to reueale any attempts against the Queene if shee would vouchsafe to heare her speake.

5 That she neuer releeued the English Re­bells, [Page 115] onely that in her letters shee commended the Countesse of Northumberland vnto the Duke of Alba.

6 That she vsed Ridolph (whom she knew to be highly in the Popes fauour) in many mat­ters, yet receiued no letters from him.

7 That she neuer moued any to attempt her deliuerance; yet that she willingly gaue eare vn­to them that offered their labour therein; and for that purpose, that shee communicated vnto Rolston and Hall a priuate Character.

8 That she had receiued sometimes letters from the Pope, very pious and consolatorie, in which were no such phrases of speech.

9 That shee procured not the Bull: That shee onely saw the coppie thereof printed, and when she had read it ouer, that she burned it.

10 That if any in forraine Regions write or name her otherwise than they ought to doe, let them answer for it.

11 That shee neuer by letters required aid of the Pope and the King of Spaine, to inuade England, but onely to be restored into her King­dome by their meanes, and that with the Queenes priuitie.

12 But if any question or doubt bee made of those letters of effecting the mariage by force of armes, she requested (since shee was borne of the [Page 116] royall bloud of England) that shee might an­swer personally in the next Parlament that was to be holden.

And at this time the French King fauouring the Queene of Scotland and her partie (and the Queene of England the King and his partie) earnestly moued Queene ELIZABETH to deliuer the Queene of Scotland, which the Queene of England denied to doe, saying, In very truth I keepe the Queene of Scotland in custodie (after a faire manner) as a pledge of mine owne securitie, and of the safetie of England. But when it was come to light that the Queene of Scotland intended a secret confederacie with the King of Spaine, by the Lord Seton, who landing in Essex, disguised like a Ma­riner, had promised aid of men to the Scots, of the Queenes partie from Alba; both shee was kept straiter in prison, and the kindnesse of the French men toward her waxed key-cold.

Shortly after, the league betweene England and France being concluded at Blois, and the Duke of Mo­morancie being sent into England to confirme the same; he in few words in his Masters name, requested that as much fauour might bee shewed vnto the Queene of Scotland as might be without danger: That there might bee a cessation of armes in Scotland, and that concord might be established there by Parlament. Hee was an­swered, That more fauour was shewed to the Queene of Scotland than shee deserued, and should bee shewed for the French Kings sake; although the Estates of the Kingdome (who were now assembled) thought the Queene could be in no securitie without some seueritie shewed vnto her. As for the cessation of armes, the Queene had dealt diligently therein; and for that pur­pose had sent very lately Drurie the Marshall of Bar­wicke, [Page 117] with Crocus the French Embassadour; and that they by no perswasions could bring Grange and the Garrisons in the Castle of Edenburgh 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 themselues vnder their hands to obserue peace; and the others of the Queenes side had giuen their word also.

Anno 1573.

IN Scotland, Iames Dowglas Earle of Mourton, by the meanes of Queene ELIZABETH, was made Regent in the place of the Earle of Marre, who hauing his authoritie established in the Parlament, did enact in the Kings name certaine Lawes, against the Papists, and against Heretikes; but the custodie of the King hee confirmed to Alexander Areskin, for that the Earle of Marre (vnto whom the custodie of the King of Scotland in his minoritie doth belong by a peculiar right) was vnder age, vpon these conditions, that is to wit, That the Papists and they of the other faction should bee vtterly excluded; an Earle might come in with two men, a Baron with one man, other men alone, and euery one of these vnarmed.

And whereas Queene ELIZABETH by Henry Killigrew, had drawne Iames Hamilton Duke of Chaste­auleroy, George Gordon Earle of Huntley, who stood for the Queene, to these conditions, namely, To acknow­ledge [Page 118] the Religion established in Scotland: To submit themselues to the King, and also to Mourton as his Re­gent, and to his successors in the gouernment: To re­nounce the authoritie of all others: To account them Traitors by authoritie of Parlament, that attempted any thing against the Religion, the King or Regent: That the sentence against the Hamiltons and the Gordons should be repealed, &c. But these conditions William Kircaldy Lord of Grange, the Lord Hume, Lidington, and the Bishop of Dunkelden, and others, who thought the Queene of Scotland to be iniuriously vsed, would vpon no termes admit; but fortified the Castle of Edenburgh, of which Grange was Captaine (placed therein by Murrey) looking for aid from France and the Duke of Alba; but Sir William Drury being sent into Scotland with forces out of England to ioine with the Scots, the same Castle was yeelded in the three and thirtieth day of the siege, and so the Castle and all the prisoners were deliuered vnto the Regent, who hanged Kircaldy without mercie, spared Hume and others at the request of Queene ELIZABETH; Lidington was sent to Lieth, where he died, not without suspici­on of poison.

And to the end, that England might also bee more secure from clandestine attempts at home (on the be­halfe of the Queene of Scotland) Iohn Lesly Bishop of Rosse, who very faithfully had serued his Queene (yet with the destruction of many men, and danger of more) was deliuered out of prison, and commanded to depart out of England, and went into France, fearing Southampton, whom by his appeaching he had brought in danger, and also Henry Howard the Duke of Nor­folkes brother; to mollifie whose anger, hee wrote an Apologie. He was scarce departed, but his secret Letter­carrier Henry Cokin was taken, and by him was Morgan [Page 119] detected, who prompt to doe some exploit for the Queene of Scotland, and desirous to haue done some­what, forthwith fled away. Atsloe the Physitian for the Papists, and Goad, Doctors of Physicke, and Francis Berty, because they had secret commerce of letters with her, were put certaine moneths in prison. And for the same cause Henry Goodyer and Richard Louder were called into question.

In the meane while Rosse did not pretermit any part or dutie of a most faithfull subiect to the Queene of Scotland towards the Emperour, the Pope, the French King, and the Catholike Princes of Germanie, who euery one gaue good words and hopes, but yet perfor­med nothing. And also the Duke of Alba, in whom he put his greatest trust, did at this time depart out of the Low-Countries, to his great griefe.

Anno 1574.

HEnry the third of that name, King of France, and his mother did all that they could by secret deuices to get the young King of Scotland into France, and to get Mourton out of his office of Regent, sending secretly Scots out of the French Guard for this purpose into Scotland; which thing the Queene of Scotland desired much, being perswaded, that if her sonne were in France out of danger, that shee and the Papists in England should be dealt withall more mildly: For hereupon she thought it would come to passe, that [Page 120] the faction in Scotland, hitherto countenanced by the authoritie of the Kings name, would decay and come to nothing; and that the English men would feare him more and more, as hee grew vp in yeeres, as well from France as out of Scotland. And as much did the French men wish the same; secretly fearing lest the Regent of Scotland depending wholly on the English, should dis­solue the ancient league betweene the Scots and the French. Yet when the Regent earnestly requested that a league of mutuall defence betweene England and Scotland might bee made, hee was not heard; per­haps for that he requested withall, that an annuall pen­sion might bee assigned vnto him, and vnto certaine other Scots. But they were heard, who with a small suspicion touched the Queene of Scotland, the Coun­tesse and Earle also of Shrewsburie, as though they had wrought a mariage betweene Charles Vncle vnto the King of Scotland (vnto whom the King had lately in the Parlament confirmed the Earledome of Lennox) and Elizabeth Candish daughter to the Countesse of Shrewsburie by her former husband, without the Queenes knowledge: For which cause the mothers of both them and others were kept in prison, and all the fault was laid vpon the Queene of Scotland. And when sundry suspicions grew of the intent and purpose of this mariage, Henry Earle of Huntingdon was made Lord President of the Councell in the North, with new and secret instructions concerning this matter.

Anno 1575.

THis yeere died in Scotland the most Noble Lord Iames Hamilton Duke of Chasteauleroy, and Earle of Arran, who was the Grand-childes sonne of Iames the second King of Scotland by his daughter, the Tutor of Queene MARIE of Scotland, and Gouer­nour of the Kingdome, and heire designed, while she was in her minoritie. At such time as he had deliuered her vnto the French men, hee was made Duke of Chasteauleroy in France; then chiefe of the three Gouer­nours of Scotland appointed by MARIE in her cap­tiuitie. Whose cause while he defended most constant­ly, he being a plaine and well-meaning man, was vexed with all manner of politike and craftie deuices by tur­bulent and vnquiet minded people.

Anno 1577.

DOn Iohn d'Austria had made a perpetuall edict at Gaunt, to giue satisfaction to the Estates of the Netherlands for their aggrieuances; which the Prince of Orange vtterly condemning, opportunely heard, that Don Iohn intended to marrie the Queene of Scotland; on which he willingly laid hold, and forth­with certified Queene ELIZABETH thereof by [Page 122] Famier, thereby to withdraw her minde from peace: yet she, as one ignorant thereof, by Daniel Rogers shew­ed her gladnesse of the perpetuall edict of peace, though now she had certaine knowledge, that Don Iohn by the perswasion of the Earle of Westmerland and the Eng­lish fugitiues, and forward fauour of the Pope and the Guises, had in hope swallowed that mariage, and with­all the Kingdomes of England and Scotland; and had already appointed to surprize the Ile of Man in the Irish Sea, as a fit place to inuade England out of Ireland, and the West borders of Scotland, wherein the Queene of Scotland had many assured friends; as also in the oppo­site side of England, North-wales, Cumberland, Lanca­shire and Cheshire, where most of the inhabitants were earnest Papists.

But indeed Don Iohn (as wee haue learned of Perez Secretarie to the King of Spaine) before now ambiti­ously minded, when hee had lost the hope of the King­dome of Tunise, had dealt couertly with the Pope about the expulsion of Queene ELIZABETH, the marrying of the Queene of Scotland, and the conquest of England, and vnknowne to Philip, had preuailed so farre, that the Pope as out of the care of the common good, moued Philip to make warre against England; and Don Iohn himselfe being to depart into the Low-Countries, had prosecuted it earnestly in Spaine; and afterwards by Escouedo, sent out of the Netherlands, he had desired to haue some Hauens in Biscay granted vn­to him, from whence hee might inuade England with a Nauie: But Philip disliked their intentions, and began to neglect him, as one ouer ambitious.

Yet Queene ELIZABETH vnderstood not these things fully, vntill Orange informed her.

In the meane time Don Iohn couertly prosecuted the mariage, and at the same time, to cloake the matter, [Page 123] sent vnto Queene ELIZABETH the Viscount of Gaunt, to shew her the conditions of the peace, and to request longer daies of paiment for the money lent vn­to the Estates: which she willingly granted, and dealt with him againe by Wilson, to recompence the Mer­chants of England, for the hurt sustained in the sacking of Antwerpe. He eludeth the matter, & whiles he seemed to attend about the Perpetuall edict for peace, he brake out suddenly into open warre, and by policie gat into his hands many Cities and Castles; and wrote vn­to the King of Spaine, that he thought it best to subdue and conquer the Ilands of Zeland before the Inland Prouinces: and beleeuing that which he hoped, ende­uoured to perswade him by his Secretarie, that England was easier to be conquered than Zeland.

Anno 1578.

ABout this time Margaret Dowglas Countesse of Lennox, Neece to Henry the eighth by his eldest sister, widow of Matthew Earle of Lennox, Grandmother vnto IAMES King of Great Britaine, ouerliuing her eight children, departed to the ioies of heauen, in the threescore and third yeere of her age, and was buried at Westminster with a solemne funerall, at the Queenes charge: a Matron of worthy pietie, pa­tience and chastitie, who was thrice cast into prison (as I haue heard her speake it) not for matter of treason, but for loue matters: First, when Thomas Howard sonne to [Page 124] Thomas Howard first Duke of Norfolke (being in loue with her) died in the Tower; then for the loue of Hen­ry Darly her sonne, to the Queene MARIE of Scot­land; lastly, for the loue of Charles her younger sonne, [...]o Elizabeth Candish mother to Arbella, of which ma­riage the Queene of Scotland was accused to bee a pro­curer, as I haue said before.

About the same time the credit and authoritie of Mourton began to decay; insomuch, that hee was re­moued from his office of Regent, and the administra­tion of all things deliuered vnto the King, by the com­mon consent of the Estates, and (because hee was not past twelue yeeres old) vnto twelue of the chiefe Noble­men which were named, of whom three, euery three moneths by turnes, should bee present with the King, to giue him aduice, and Mourton was one of them, that they might seeme to bring him lower, not to cast him downe.

Shortly after, Mourton trusting on his sharpe wit, long experience, and many dependants and retainers, think­ing nothing well done, except he himselfe did it, and also not brooking not to be the same man he had beene, drew backe all the administration vnto himselfe, not regarding his associates, and not obseruing the consent of administration set downe, hee kept in his hand the King within the Castle of Sterling, and shut out & exclu­ded whom he pleased, and admitted others at his owne choice. Wherewith the Noblemen being moued, made the Earle of Atholl their Captaine, and made Proclama­tion in the Kings name, that all men aboue sixteene, and vnder threescore yeeres, should meet in Armour, with victuals for fifteene daies. There met very many, and with Banners displaied they marched vnto Faw­kirke, where Mourton with his friends met them in Ar­mour ready to fight: But Robert Bowes the English Em­bassadour [Page 125] by intreatie, and mouing honest conditions, kept them from fighting; and Mourton forthwith, as wearie of businesse, went home secretly, and the Earle of Atholl died incontinently, not without suspicion of poison; which the mindes incensed against Mourton, tooke to his slander, and for this and other things, they neuer ceased to persecute him, vntill they had brought him to his destruction, as we will declare hereafter.

Anno 1579.

THe Scots were in feare of hauing 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 sonne of Iohn Stewart, brother vnto Matthew Earle of Lennox, who was the Kings Grand-father, and called Aubigney of a Towne in Berry, which long since Charles the seuenth, King of France, had giuen to Iohn Stewart of the fami­lie of Lennox, who being Constable of the Scottish Armie in France, put the English men to flight at Baugy, and was afterwards, slaine by them in the battell of Herrings; and euer since that time it hath belonged vnto the younger sonne of that house.) This man the King vsed with singular kindnesse, gaue him good li­uings, made him of his priuie Councell, and Lord Chamberlaine of Scotland, and Captaine of the Castle of Dunbritton, and then Earle of Lennox, and after Duke. This extraordinarie fauour of the King towards [Page 126] him, caused many to enuie him; who murmured that he was a fauourer of the Guises, and of the Roman Re­ligion, and sent purposely into Scotland, by secret meanes to ouerthrow the true Religion. The suspicion was much increased, in that hee was familiar with the aduersaries of Mourton, and intreated to haue Thomas Carre of Fernihurst recalled home, who was the most assured friend to the Queene of Scotland of all others; Mourton resisting the same with all his power, but in vaine, for his authoritie was lesse and lesse with all men; although it might seeme that hee deserued 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 perceiued that Lennox was in the Kings high fauour; first, they raised one Iames Stewart of the familie of Ochiltree, Captaine of the Guard, and Earle of Arran (for hee had vsurped that title from I know not what cession of Iames Hamilton Earle of Arran, whose Tutor hee had beene when hee was not well in his wit) to affront him: But the King in a short time reconciled them. When this way serued not their turne, they procured him as much hatred as they could at home, and accused him hainously vnto the Queene of England, as one sent in couertly by the Guises, to shake the state of Religion, to procure the [Page 127] libertie of the imprisoned Queene, and to dissolue the amitie betweene England and Scotland. These men were soone beleeued, and vpon this matter was kept a serious consultation in England; though hee in his let­ters cleered himselfe to the Queene, and openly pro­fessed the Protestants Religion.

For the Councellors of England feared, lest he should suppresse the Scots who were friends to England, nourish excursions in the borders, and entice the King to mar­rie in France, or in some other place, vnknowne to the English men; whereupon the young King trusting, might trouble England, and being growne to mature yeeres, assume to himselfe the title of the Realme of England, as his mother had done before; which if hee should doe, there would bee more danger in him, than was in his mother; since hee was borne to the certaine hope of both the Kingdomes, he might get many moe fautors; and now the Scots being bred vp in their warres at home, and in the Low-Countries, were more exerci­sed and skilfull in marshall affaires. Hereupon they thought good to wring Lennox out of the Kings fa­uour, by one meanes or other, or else to driue him out of Scotland, and that without delay; since it was bru­ted abroad, that hee 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 bee conuinced of the murder of the Kings fa­ther) and also that he had obtained the Captainship of the Castle of Dunbritton, for no other purpose, but ei­ther to let in forraine forces into Britaine, or else to car­ry ouer from thence the King of Scotland into France. It was reported also, that he perswaded the King to re­signe his Crowne vp to his mother, as if shee had beene depriued vniustly, and by a most impious example or president by her subiects accepting assurance, to take [Page 128] it from her by a lawfull resignation; whereby hee should most strongly confirme his Kingdome to him, and extinguishing the factions thereby, bee acknow­ledged of all men for a lawfull King.

Hereupon Robert Bowes, Treasurer for the Garrison at Barwicke, was sent into Scotland, who should challenge and charge Lennox with those things before the King and his Councellors, and admonish them to beware of their imminent euils. As soone as hee was admitted to speake, he required to haue Lennox remoued from the Councell, which the Councellors vtterly denied, as a thing strange and neuer heard of, that a Kings Councel­lor should bee put out of his place, and his cause not heard or not knowne. They doubted also whether the Queene did expresly command him so to doe, and required him to shew his instructions to maintaine his credit. He denied to shew them, but onely to the King, and vnto one or two more; whereupon hee was vn­heard, forth with called home, and tooke leaue of the King, who thought of no such matter, complaining that the wholsome admonishments of his Lady the Queene (who deserued well at their hands) were re­iected.

Immediatly vpon this was sent from Scotland Alex­ander Hume to excuse these things, and to learne what these imminent euils were; but hee was not admitted vnto the Queene, but was sent to Burleigh, who with a briefe and discreet speech shewed him, That the Queene thought not good to admit him to her speech, not that shee did neglect him, whom she had tried to be sound in Religion, and a man carefull for the good of his Prince, Countrie, and the tranquillitie of both the Realmes, but out of a iust griefe, that her Maiestie and the credit of her Embassadour was so contemptuously vsed, who had kept himselfe with­in the compasse and bounds of his Embassade, and had [Page 129] beene commanded to shew his commission (which was a thing neuer heard of.) Hee cast all the fault vpon the new Councellors, and excused the King, who wanted experience through his young yeeres, and wished that hee would giue eare vnto the wholsome and profitable aduices of the Queene, who bare a true motherly minde vnto him, and not to make lesse account of her, than he did of his French Cou­sin, and a subiect to the French King, matched with a French woman, and a Papist in Religion; and who per­haps doth seeke (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 broiles the French men had made in Scotland, if the Queene by her prudence and power had not preuented them.

So Hume was sent backe into Scotland, and all these things were done of purpose to put the King in feare, and to make him beleeue, that Lennox had vndertaken dangerous plots and deuices against the King and the Realme. Yet for all this, shortly after, Mourton who was wholly for England, was accused of treason by the Earle of Arran, and cast into prison.

Anno 1581.

HEreupon in the beginning of Ianuarie, Sir Tho­mas Randolph generall Post-master, was sent in­to Scotland, with instructions to conserue the Religion and amitie with the English men, and to la­bour [Page 130] all hee could, that no violence should bee offered vnto Mourton, to remoue Lennox away out of Scotland, and to comfort the Noblemen of the English faction. Hee made diligent and earnest intreatie for Mourton, alleaging his merits towards the King, the honour of Queene ELIZABETH, if shee so well deseruing should haue a repulse, and the enuie of his accusers. The King answered; That hee could not out of his Princely dutie, but bring to triall a man appeached of treason; and that he acknowledged by experience the Queenes good will, and that hee would not commit any thing that might iustly displease her by any meanes.

After Randolph was admitted to speake in the assem­bly of the Estates, recounting the benefits of Queene ELIZABETH towards Scotland, and the King him­selfe, to wit; How she had deliuered the Realme from the French men, with the bloud of English men, defended their Religion and King, and yet neuer thought to conuay him away (as it was falsly reported) or to obtaine an Acre of Scottish ground; when yet shee had opportunitie and meanes to conquer Scotland, the King being in his Cradle, his mother prisoner in England, and the Noblemen at dis­sention. But on the other side, shee hath bestowed all her care to preserue in safetie the King and his Realme, who was tied vnto her with the most strait bonds of bloud, vi­cinitie and Religion: whose loue she found most sincere towards her, as she had done all the Regents successiuely be­fore that Aubigney Earle of Lennox came into Scotland. Since that time hee hath ruled the King as a Ward, hath a­uerted his minde from the friendship of the English men vn­to the French men, who haue not hitherto so much as ac­knowledged him for King, hath put out of their offices the most faithfull subiects of the King, and hath put in others not so faithfull, and hath by his letters (which he shewed) dealt with forraine Princes about the inuading of England. [Page 131] He hath moued the King to hate and abhorre the Ministers of Gods word, as if they were railers and turbulent peo­ple, and hath had no care of the administration of iustice be­tweene the borderers: All which things Queene ELIZA­BETH could not but take in very euill part, when she saw a Prince of such vertue, and her neerest Cousin, alienated and drawne forcibly away by these bad deuices. Yet nothing was then effected, either to helpe Mour [...]on, or against Lennox, who most men thought was falsly charged with the crimes; and also that the letters which were shewed, were counterfeit.

Therefore Randolph attempted another politike way: He vnto the aduersaries of Lennox, and vnto the friends of Mourton, deploreth the vnfortunate estate of Scotland, and laieth before them the dangers hang­ing ouer the heads of the King, the Common-wealth, and themselues; hee complaineth that the intercession of the Queene of England is not regarded of the vn­thankfull people, and couertly aduiseth them to trie whether they can effect that by armes, which they can­not obtaine by other meanes, and promised them helpe of men and money out of England. And so hee drew to his side the Earles of Argile, Montros, Angus, (Mour­tons brothers sonne) Marre, Glencarne, Ruthen, Lyndsey, and others. But they by and by after, [...]heir ends and purposes being seuerall, when they saw the King whol­ly to bend his fauour towards Lennox, and not to bee terrified with the English forces which were on the borders, against which he had opposed his, the most of them disagreeing and reuerencing royall Maiestie euen in a young man, durst attempt nothing against Lennox, and thought it enough if they tooke compassion on Mourton. Yet Angus and Marre secretly deuised plots for Mourton, and against Lennox; of which when the King had knowledge by Wittingham, Angus was com­manded [Page 132] to depart, and liue beyond the Riuer of Spea; and Marre was commanded to deliuer the Castle of Sterling vnto the King. Randolph doubting some dan­ger to himselfe, slipped secretly away to Barwicke, and willed Angus and Marre (things going against them) to looke to themselues, either by recouering the Kings fauour, or else by resorting vnto the protection of the Queene of England. But the English forces were now called backe from the borders; and not long after, Mourton (as priuie vnto the murder of the Kings father) was beheaded, being first found guiltie of the same. For hee had confessed, as they say, That Bothwell and Archibald Dowglas did communicate vnto him their intent and purpose to kill the King, and that hee durst not reueale the same in such a doubtfull world as that was: neither could he denie (after the murder was com­mitted) but that Archibald Dowglas one of the murde­rers was one of his most inward friends; and that hee gaue his faith and word vnder 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.

QVeene ELIZABETH, that shee might bee more secure at home, purposed to make a com­position with the Queene of Scotland by Wal­ter Mildmay; but finding out that the Guise was de­uising [Page 133] some secret practises with some English sugi­tiues, and to gather forces together, vnder pretence to send them into the Low-Countries, to serue vnder the Duke of Anjeou, but indeed to bee transported into Eng­land, from Ewe an obscure part in Normandy, belonging vnto him, the matter was put off vntill another time, and she was not regarded.

But about the same time William Ruthen (whom the King had lately created Earle of Gowry) not degenera­ting from his father, who bare a deadly hatred against the Kings mother, and other conspirators deuised to remoue Lennox and the Earle of Arran from the King, vnder the pretence to assure Religion, the Kings safetie, and amitie of England, whereunto they were incensed and whetted on by their Ministers. So when Lennox was departed from Perth, where the King lay, vnto Edenburgh, about some affaires of the Realme, and Ar­ran also was absent; Gowry, Marre, Lyndsey and others, taking the opportunitie, inuited the King vnto the Castle of Ruthen, where they detained him against his will, and would not permit him to ride or walke into the fields, threatning him with death. They put from him all his faithfull seruants, cast the Earle of Arran in­to prison, and compelled the King to call home the Earle of Angus, who was banished; the Queene of Eng­land (who was of their counsell) making intercession for him; and to send backe Lennox into France, who being a man of a milde nature, gaue ouer the Castle of Dunbritton, which he might easily haue defended (by the perswasion of the King set on by them) and refu­sed not to returne into France. But they not content herewith, enforced the King against his will, to ap­proue this his surprize in letters to the Queene of Eng­land, and to pronounce the assembly of the Estates, summoned and called by them, to be lawfull.

[Page 134] When the French King heard this for a certaintie, 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 meanes or other to set the King free, and confirme the faction of France, to allure and winne the Kings minde vnto the friendship of the French, and as ioifull newes signifie vnto him, that the Queene his mother out of her motherly pietie, did grant and bestow vpon him the title of King, and admit him very willingly now into the fellowship of the Kingdome, to the end that hee might bee taken and acknowledged as a true and lawfull King by all Christian Princes, and all the Scots; and thereby the diuision and partaking of factions wholly taken away.

She in the meane time being vexed and troubled in minde, oppressed with miseries, and pining away with the calamitie of her long lasting imprisonment, with­out any hope of libertie; in her long letters written in French (which her motherly loue and anxietie of minde extorted from her) deplored vnto Queene ELI­ZABETH her grieuous and hard fortunes, and the most distressed estate of her sonne, to this effect; for I will, out of the originall written with her owne hand, abbreuiate them.

When I heard for certaintie, that my sonne was taken and surprized by Rebels (as I my selfe was certaine yeeres agoe) out of a iust feare lest hee should fall into the same and like vnfortunate estate that I am in, I cannot but powre out my mournfull complaints, and engraue the same (if it may be) in thy conscience, that my innocencie may euident­ly appeare vnto posteritie; and also their ignominie and shame, by whose iniquitie I am cast into these miseries. But since the policies and cunning reaches of these persons (though wicked and lewd) haue hitherto preuailed more [Page 135] with thee, than my iust complaints; let the right and iu­stice now yeeld and giue place vnto thy power, and let force oppresse the truth with men, I will appeale vnto the immortall God, whom alone I acknowledge to bee supe­riour of vs Princes of equall right and honour. And I will call vpon the same God (with whom gloses and deceits are not regarded, and will not preuaile) that at the last day hee will reward vs two as wee deserue each to other, howsoeuer my aduersaries haue skill to cloake their craftie and deceit­full policies with men (and peraduenture also with thee.) In his name therefore, and as it were before his Iudgement­seat, I present vnto thy minde, by what policies, some spies vsing thy name, drew the Scots my subiects to rebell against me, at such time as I liued in Scotland; and set on foot all the euils which haue happened there from that day to this. Which thing (not to speake of other matters) is most euident and apparant, by testimonies openly shewed, and the confession of Mourtons owne mouth, who was for that cause aduanced vnto honour; against whom, if I had dealt by course of Law, and thou hadst not giuen aid vnto the Rebels, they could neuer haue stood out so long against mee and my friends.

While I was detained in prison in Lochleuin, Nicho­las Throgmorton perswaded me in thy name, by sealing Letters Patents, to resigne my Kingdome (which he affir­med would bee void, and indeed all the world accounted it void) vntill thou by thy fauour, countenance and forces, didst giue aid vnto the beginners and procurers of these Letters Patents. And tell me in good faith, whether thou doest acknowledge thy subiects to haue any such authoritie ouer thee. And yet from thenceforth was my royall autho­ritie taken away from me by thy counsell and helpe, and my Kingdome transferred vnto my sonne, vncapable thereof by reason of his tender yeeres. And when I not long since, determined to confirme the Kingdome vnto him in a lawfull [Page 136] manner, he was taken away by force, by diuers Traitors, who questionlesse haue an intent to depriue him of his King­dome, as they did me, if not to take away his life also. After I escaped out of Lochleuin, and was now ready to fight and encounter with the Rebels, I implored thy aid, sending backe that Diamond which beforetime I had receiued from thee, as a token and pledge of thy loue, with a large pro­mise of aid against the Rebels; not once nor twice also giuing thy fidelitie, that if I retired and came my selfe vn­to thee for succour, thou wouldest come in person vnto the borders, and giue me aid. And I trusting vpon thy pro­mise freely offered, (although thy seruants had oftentimes deceiued me) resolued to flee for helpe vnto thee, as to my last assured Anchor, in my aduersitie; and so had I done, if the way had beene as open and easie for me, as it was for them that rebelled against me. But before I could come vnto thee, I was intercepted, guarded with keepers, shut vp into strong places, and from that time vntill this, endured euils more grieuous than death.

I know thou wilt obiect against mee, the dealings that were betwixt the Duke of Nor [...]olke and me; yet I doe still denie, that they were any wrong or hurt to thee, or to thy Realme, for they were allowed by the chiefe Councellors of the Realme of England, and confirmed with their subscrip­tions; who also promised assuredly to obtaine thy consent. And how (I pray you) could such great men promise thy consent vnto that should depriue thee of thy life, ho­nour and Diadem? But yet thou wilt haue all men to be­leeue this.

But when many of those Rebels did repent, though late, and saw more plainly by the conference at Yorke, betweene our Commissioners, how vniustly they dealt with mee; they were forthwith besieged by thy forces in the Castle of Edenburgh; and of the principall men, one (Lidington) was poisoned, and the other (Grange) in lamentable manner [Page 137] hanged. And this, after that by thy request, I had caused them once or twice to lay downe their armes vpon a hope of peace, which God knoweth whether my aduersaries euer imagined to keepe.

From that time I was resolued to trie whether I could mollifie rigor by patience, in suffering whatsoeuer they imposed on mee a prisoner; yet I was vtterly barred from all conference with my sonne by letters or messengers, for this whole yeere past, that the sonne might be disioined by this most lamentable disiunction from the mother, if it might be.

I haue oftentimes set downe and proposed conditions of a peace and concord to bee made betweene vs, as at Chattis­worth eleuen yeeres since, with the Commissioners, and with thy selfe by the Embassadours of the most Christian King, and by mine owne: I dealt also sincerely with Beale the last winter; but those conditions were alwaies reiected, and delaies made and interposed, my aduices and counsells were suspected, and all the motions of my sincere minde condemned and disallowed. Neither did I reape any other fruit of my long lasting patience, than that it grew to a set­led custome for mee to bee more rigorously vsed, euery day than other; not as a prisoner, but euen as a Kitchin-maid. 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 bee knowne: but if I liue, I shall finde meanes, 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 tranquillitie.

Wherefore to take away all displeasure and hatred be­tweene vs, let the testimonies of the Spaniards, who were lately takenin Ireland, be shewed, let the examinations of the Iesuits bee produced, let any body haue free libertie to accuse me publikely; yet so that in like manner I may haue libertie to defend my selfe, and that I be not condemned vn­heard. [Page 138] Malefactors and persons of the basest sort and con­dition are admitted to speake and defend themselues; and their accusers are brought before their face. Why am not I so vsed and dealt withall, who am a Queene anointed, and thy next Cousin, and the lawfull heire of the Crowne after thee? But this last thing is the matter which chiefly vexeth and stingeth my aduersaries, which studie to keepe vs still enemies, and at contention. Alas, there is no cause why this should vex them. I take God to witnesse, and vpon mine honour, I haue thought of no other Kingdome this long time, but onely the Celestiall Kingdome. Yet thou art bound in Conscience, and tied both by dutie and iustice, not to trouble or crosse the most assured right of my sonne after my death, nor to further their secret combinations, who as well in England as in Scotland, doe apply all their wit and power to worke the destruction of me and my sonne, which is euident and apparent by the instructions of thy messengers in Scotland, who vsed and behaued themselues most sedi­tiously (doubtlesse without thy knowledge) but Huntingdon being wonderfull eager and diligent therein.

Is this iust and right, that I a mother shall bee forbid­den, not onely to giue counsell and aduice to my oppressed sonne, but also to vnderstand in what distressed estate he is? If they had beene sent for my sonnes good, perhaps if they had taken mine aduice with them they should haue beene for that cause the more welcome vnto him. Verily thou hadst bound and tied me vnto thee more strictly, and thou hadst no cause so much to conceale their going thither, or to take away at that very time from mee all my libertie: Yet that I may speake freely; I desire thee not to vse such Agents any more in the Scottish affaires: For although I beleeue that Cary (Hunsdon) will not doe or take any thing in hand, which may bee a blemish to himselfe or his honour, yet I cannot hope of any good to come from Huntingdon, for his euill deserts towards me.

[Page 139] Therefore I earnestly request thee, by the most neere alli­ance of bloud that is betweene vs, that thou wouldest seri­ously haue regard to the safetie of my sonne, and not to inter­meddle any more with the affaires of Scotland, without the priuitie of me, or the French King; and that thou wouldst account them, who by force keepe my sonne in prison (and compell him to doe what they list.) none other but Traitors. Moreouer, I heartily request thee, by the Crosse and Passion of Christ our Redeemer; That I being (vpon honest and reasonable conditions) restored to libertie, 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 euer binde mee and my friends, and especially my sonne vnto thee. Which I will neuer cease with importu­nate request to demand at thy hands, vntill thou doest yeeld and consent thereunto. My body diseased and subiect to in­firmitie, compelleth mee to be so earnest. I pray thee there­fore cause me to bee vsed with more humanitie, otherwise I cannot endure it, I tell thee in plaine termes: And poast mee not ouer to be vsed at the pleasure of any other, but at thy disposition. Whatsoeuer good or euill things happen vnto me hereafter, I will attribute and ascribe them onely to thy selfe. Shew mee this fauour, that I may vnderstand thy pleasure from thy selfe by a letter, be it neuer so short, or by the French Embassadour. I cannot bee satisfied in those things which Shrewsburie doth signifie vnto mee, foras­much as they may euery day be altered. When I very lately wrote vnto thy Councellors, thou didst command that I should acquaint thee onely with my affaires (but it was not iust to giue them so great authoritie to afflict and vex me) yet I cannot but feare, that many of them that be my deadly aduersaries haue procured this, lest the rest, after they shall haue heard my most iust complaint, should oppose them­selues, as well in respect of thy honour, as of their dutie to [Page 140] thee. Now resteth my most instant and importunate suit, that I thinking onely of the life to come, may haue some reuerend Catholike Priest, to direct me in my Religion, for the saluation of my soule. This last office is not to be denied vnto poore wretches of the basest and meanest estate. Thou doest permit vnto the Embassadours of forraine Princes, the exercise of their Religion, and I voluntarily permitted it to my subiects that were of a contrarie Religion. If this be denied vnto mee, I hope, I shall bee excused before God. But I feare mine aduersaries shall not escape without pu­nishment. Assuredly it will be a president vnto other Princes of Christendome, to shew the like seueritie against their sub­iects that be in Religion contrarie vnto them; if this seue­ritie be vsed towards me a free and absolute Princesse, and thy neerest Cousin, for so I am, and will be so to thee whiles I liue, in spite of mine aduersaries, let them stomacke it neuer so much. I desire not to haue my familie increased, but I request to haue onely two maids, which are necessary and needfull to me in this my weaknesse and sicknesse of bo­dy. And let not my aduersaries fulfill their cruell mindes altogether against me, inbarring me of so small a courtesie. Whereas I am secretly accused by Shrewsburie, that I haue priuily and without thy knowledge practised to transferre my right in Scotland vnto my sonne, contrary to my pro­mise made vnto Beale: I desire thee not to giue credit vnto the suggestions of Beale, I promised nothing but vnder cer­taine conditions, to which I am not bound, except they bee performed by thee. From that time hitherto, I haue recei­ued no answer; and there is not a word spoken of them; but yet the practises in Scotland to destroy me and my sonne, haue not ceased. That long-lasting silence I cannot inter­pret to bee any other thing but a plaine repulse and deniall; and so I signified by my letters to thee, and to thy Councel­lors; those things which the French King and his mother imparted vnto me, I also sincerely imparted vnto thee, and [Page 141] asked thy aduice in them, but I heard not a word from thee againe. I neuer had so much as a thought to submit my selfe vnto thy Councell about mine affaires and my Coun­trey, before I knew what it should be; for it might seeme a meere folly so to doe. How my aduersaries in Scotland doe triumph ouer me and my imprisoned sonne, thou art not ig­norant; I attempted nothing there that may bee hurtfull vnto thee, but onely to procure a firme peace in that Kingdome, which is more to bee respected by mee, than by thy Councellours: forasmuch as I haue more interest therein than they. I earnestly and from my heart desired to bestow and confirme vnto my sonne the title of a King▪ and therewithall to burie in the earth all discords and dissentions. Is not this to pull the Diadem from my sonnes head? But indeed mine aduersaries would not haue it confirmed vnto my familie. This is the thing they en­uie, when their conscience beareth witnesse against them; and being guiltie of euill, they feare mischife will befall them.

Let not these and other mine aduersaries so blinde thine eies, and in thy life and sight, procure the death of thy next kindred, and bring to confusion both the Crownes; for to that intent doe they inuent mischiefe against mee, against my sonne, and perhaps thy selfe also. Can it bee any good or honour vnto thee, that I and my sonne should bee secluded by their meanes and practises, and wee two betweene our selues so long? Remember thy in­bred lenitie, binde thy selfe vnto thy selfe; and being as thou art a Princesse, by thy placabilitie mollifie thy minde, and abandon all displeasure and hatred towards mee a Princesse, thy neerest Cousin, and one that loueth thee most deerely; that all our affaires being louingly com­pounded betweene vs, I may depart out of this life, and the sobs and sighs of my distressed soule, may not pene­trate vnto God; vnto whose heauenly Maiestie I offer [Page 142] my continuall praiers, that my iust complaints and dolorous lamentations, may now at the last, finde way vnto thee. From Sheffield the eighth day of Nouember. 1582.

Anno 1583.

WIth these letters Queene ELIZABETH was wonderfully moued and disquieted, and sent vnto the Queene of Scotland, Ro­bert Beale one of the Clerkes of the Councell, a man rude and vnciuill; who should in sharpe words expo­stulate with her for her letters of complaint, and also iointly with the Earle of Shrewsburie, to talke about her deliuerance; forasmuch as she had of late in other letters requested Queene ELIZABETH that shee might after this time (vpon securitie to bee giuen to Queene ELIZABETH) enioy her libertie, and bee ioined with her sonne in the gouernment of Scotland.

About this matter was a serious consultation among the Councell of England, and most of them were con­tent that shee should bee deliuered vpon these conditi­ons: To wit,

1 That she and her sonne should promise to practise nothing hurtfull to Queene ELIZA­BETH and the Realme of England.

[Page 143] 2 That she should voluntarily confesse, that whatsoeuer was done by Francis the second, the French King her husband, against Queene ELIZABETH, was done against her will; and that shee should vtterly disallow the same as vniust, by confirming the treatie of Eden­burgh.

3 That shee should condemne all the practi­ses euer since that time, and ingenuously re­nounce them.

4 She should binde her selfe not to practise any thing directly or indirectly against the go­uernment of the Realme of England, in Eccle­siasticall or Ciuill affaires; but by all manner of meanes oppose her selfe and resist such practisers as publike enemies.

5 That shee shall challenge or claime no right vnto her selfe in the Kingdome of Eng­land, during the life of Queene ELIZA­BETH; and that afterward shee will submit her right of succession vnto the Estates of Eng­land.

6 And to the end shee may not hereafter vse any cauill, and say: That she condescended to these conditions (being a prisoner and by coacti­on) shee her selfe should not onely sweare vnto them, but also procure the Estates of Scotland to confirme them by publike authoritie.

[Page 144] 7 The King himselfe also should ratifie them by oath, and by writing.

8 And that hostages should be giuen.

As for the consociation with her sonne, in the admi­nistration of affaires, it was thought fit that the Queene of England should not interpose her selfe; but this they referred to the King of Scotland himselfe, and the Estates of Scotland. But if they were ioined together, that they should talke about the league with them iointly, if not, by themselues.

These things were consulted of, but with no successe; For the Scots of the English faction vtterly reiected them, crying amaine, that many Scots, deadly enemies to the English Nation, were called out of France by the counsell of the Queene of Scotland: And that Holt an English Iesuit was sent secretly into Scotland, to take or­der for the inuading of England.

The French Embassadours, which went into Scot­land, not obtaining that they came for, departed; where­upon the Noblemen that had surprized the King, grew haughtie in minde, as also for that Lennox died at that time, which putting them into securitie, the King con­trary to their expectation, disdaining to be vnder the go­uernment of three Earles, recouered his libertie, & went to the Castle of Saint Andrewes; and with good words willed many of the surprizers to depart from the Court, to auoid any stirre, and promised them pardon, if they would aske it within a certaine time (which thing Gowry onely did) and called Arran backe to the Court, but they were so farre off from doing of that, as they secretly practised to take him suddenly againe. Here­upon they were commanded to depart out of the Realme by a day appointed; Marre, Glamis, the Com­mendators [Page 145] of Dryburg, and Paslet, and others, went into Ireland; Boyd, Zester-Weim, Locheluin, went into the Low-Countries, and Dunfermellin went into France: Angus was confined into Angus, onely Gowry hauing a new plot in his head, tarried after the time prefixed, to his owne destruction.

And then the King to shew himselfe a Prince, began to exercise his Regall authoritie. And whereas these Conspirators in an assembly called by their owne pri­uate authoritie, had enacted and recorded, That this surprize of the King was iust; he on the contrary part declared, in a great assembly of the Estates, that the same was traiterous. Although the Ministers (as if they were the supreme Iudges in the Realme) in a Synod cal­led by their owne authoritie, pronounced the same to bee iust, and iudged all them that did not approue and allow the same, worthy to be excommunicate.

Anno 1584.

IN the beginning of the Spring, some of the Scots returned out of Ireland, vpon a pact made betweene them and Gowry, who had conspired anew with diuers, to take the King againe; professing that they set before their eies nothing else but the glory of God, the truth of Religion, the securitie of the King and Realme, and the amitie with England, against them who by sinister meanes (as they gaue out) abused the [Page 146] King, not yet come vnto sufficient age. But the King hearing hereof, sent Colonell Stewart to apprehend Gowry, who lay at the Hauen of Dondee, as if hee had beene going out of the land; who after hee had defen­ded himselfe an houre or two in his house, was taken and carried away vnto prison.

In the meane time the other Conspirators tooke Ster­ling by sudden surprize, and the Castle was yeelded vn­to them; yet by and by they leaue them both, because the King displaied his banners, as ready to fight, not so many met, as Gowry had promised, and their hope of English helpe failed them; and so for feare, Marre, Gla­mis and Angus, who was come to them, and others fled into England, humbly beseeching the Queene to re­leeue their necessities, and to intreat the King for them: Forasmuch as they had lost all their goods and the Kings fauour, for shewing their loue to her and Eng­land, vnto whom shee thought good to shew some fa­uour, that they might bee opposed against the contrary faction in Scotland, and the rather for that the Mini­sters bruted, that the King was vpon the point to fall from his Religion vpon no other ground (though they fained other matters) but for that hee vpon a fi [...]all loue inclined to his mother, and receiued into his especiall fauour and grace those whom he knew to bee most ad­dicted vnto his mother.

In the meane time Gowry was arraigned before his Peeres at Sterling, vpon these points: That he intended and began a new conspiracie against the King, whom he had also kept prisoner in his house beforetime: That he conferred by night with the seruants of Angus, to seize vpon Perth and Sterling: That he had resisted the Kings authoritie at Dondee; had conceiued a conspira­cie against the life of the King, and his mother. Lastly, that he had asked counsell of Maclena the Witch: and [Page 147] being found guiltie by his Peeres, he was in the euening beheaded; but his seruants sowing the head vnto the body, buried it incontinently.

About the same time were some practises in England, but with no successe, in the behalfe of the Q of Scot­land; of which the chiefest was Francis Throgmorton eldest sonne to Iohn Throgmorton Iustice of Chester; who fell into suspicion out of his letters vnto the Queene of Scotland, which were intercepted. As sonne as hee was taken, and began to confesse some things, Thomas Lord Paget, and Charles Arundel a Courtier, fled out of the land into France, who with other Pa­pists, lamenting their estate among themselues, com­plained, that the Queene by the wicked and craftie dea­lings of▪ Leicester and Walsingham, was estranged from them: That they were abused with contumelies and reproaches: That strange kinds of subtiltie were inuen ted against them: That secret snares were so cunningly laid, that whether they would or no, they should bee brought within the compasse of treason; and that they had no hope of safetie at home. And to say the truth, very craftie trickes and deuices were deuised and vsed to trie mens minds; counterfeit letters vnder the names of the Queene of Scotland and the fugitiues couertly sent and left in the houses of Papists, spies dispersed in euery place, to hearken after rumours, and to take ad­uantage of words: bringers of tales, whatsoeuer in­formation they brought, were receiued and entertained; very many examined vpon suspicion, and amongst them, Henry Earle of Northumberland, and his sonne Philip Earle of Arundel commanded to keepe his house, and his wife deliuered vnto the keeping of Thomas Sherley; William Howard, brother to the Earle, and Hen­ry Howard their Vncle, brother vnto the Duke of Nor­folke, oftentimes examined concerning letters from the [Page 148] Queene of Scotland, from Charles Paget, &c. who escaped very narrowly for all his prudence and in­nocencie.

The Lord Paget and Charles Arundel being arriued in France, were watched and obserued by Edward Staf­ford the Queenes Lieger Embassador with the French King; but yet he could not finde out their purposes and practises. Yet dealt he with the French King, that they, Morgan and other Englishmen, plotting against their Prince and Countrey, might be remoued out of France. He was answered, If they practised any thing in France, that the King would punish them according to the Law; that the King could not take knowledge and doe iustice on them if they bad plotted any thing in England. That all Kingdomes are free vnto them that flie thither for succour, that it behoueth all Kings, euery one to defend and maintaine the liberties of his Kingdome, and that Queene Elizabeth not long since had receiued into her kingdome Montgomery, the Prince of Condee, and other Frenchmen, and that at this very time the Embassador of the King of Nauarre practi­sing some plots, lieth in England.

About such time as these things were done, Bernar­dino de Mendoza, Embassador for the King of Spaine in England, passed in great secrecie into France, fretting and fuming as if he had beene driuen violently out of England, and the right of an Embassador thereby vio­lated, when he himselfe being a man of a violent and turbulent spirit, abusing the sacred right of Embassade vnto treason, was to be pursued (as many were of opi­nion) after the ancient manner of seueritie, with fire and sword, and commanded to depart out of the King­dome; for he medled and was accessary with the wic­ked plots of Throgmorton and others, to bring in for­raine power into England, & to dispossesse the Queene. And when he was mildly reproued of those things, he [Page 149] was so farre from wiping the obiections away with a modest answer, that he re-charged againe the Queene and her Counsellors with their detention of the money of the Genowayes, with the succours giuen vnto the Estates of the Netherlands, and vnto the Duke of An­iou, and vnto Don Antonio the Portugall, and with the piracies and spoiles made by Drake.

Yet lest the King of Spaine should thinke that the lewd parts of Mendoza were not reuenged, but the rights of an Embassador violated, William Waad Clerke of the Counsell is sent into Spaine, who should plainly informe him how badly he had discharged the office of an Embassador, and withall should signifie (lest the Queene in sending him away might seeme to renounce the ancient amitie betweene the King­domes) that all kinde and friendly offices should be done on her part, if he sent any other as his Embassa­dor, who was desirous and willing to conserue the amitie betweene them; conditionally that the same courtesies might be shewne vnto her Embassadour in Spaine. But when the King of Spaine would not vouch­safe to admit Waad vnto his speech, but referred him to his Counsellors, he taking it in euill part, without feare spake openly, that it was a most vsuall and receiued custome, that Embassadors should be admitted to the presence of Princes, euen by their enemies, and in the time of the hottest warres: And that Charles the fifth the Emperour, father to the King of Spaine, admitted to his presence the Herald, who from the French King denounced warre against him, and in plaine termes de­nied to acquaint the Counsellors with his errand. And when Idiaques Secretary to the King of Spaine, could by no policie get out of him what his message was, at last he receiued all the matter from Mendoza lurking se­cretly in France. Then he laying aside his publike per­son, [Page 150] in familiar manner signified vnto Waad, that he was very sorry that there were some who cunningly la­boured to breake the amitie, and to nourish discord be­tweene the Princes; that wrong was done to the Ca­tholike King himselfe, not vnto his Embassadors, first to Despes, and now vnto Mendoza, and that there was no cause why he should accuse vnto the King any more Mendoza, who was sufficiently disgraced by his igno­minious sending out of England; or complaine that he was not admitted: And that the Catholike King did no more but like for like, since Mendoza had beene dis­missed without audience; and as she had referred Men­doza vnto her Counsellors, so the King in like manner put him off vnto the Cardinall Granuellan. When Waad answered, that there was much difference betweene him who had neuer offended the Catholike King, and Mendoza who had offended grieuously against the Queene, and had a long time not vouchsafed to come vnto her, and had committed things vnfitting an Em­bassadour. Yet he could not be admitted; and not be­ing heard, he returned home. The most of the crimes which he was to obiect against Mendoza, were taken out of the confession of Throgmorton: Who being rea­die to be apprehended, had secretly sent a deske (where­in his secrets lay) vnto Mendoza. His other desks be­ing narrowly searched, there were found two Rolls or Lists, in one of the which the names of the Hauens of England which were fit to land Forces, in the other the names of the Noblemen and Gentlemen of England who professed the Roman Catholike Religion, were written downe. As soone as he saw them brought out and shewne to him, he cried out often that he neuer saw them before, and that they were foisted in to worke his destruction, yea euen when he was examined vpon the racke: but laid againe vpon the racke, he denied not [Page 151] to answer vnto their Interrogatories. Being asked of those Rolls or Catalogues, and for what purpose they were written, he made this historicall narration: That he a few yeeres since going vnto the waters at the Spaw, did consult and deuise with Ieney and Fra Inglefield how England might be inuaded, and the forme of gouernment thereof altered and changed, and vpon that reason that he set downe the names of the Hauens and of the Noblemen. That Morgan by his letters had signified vnto him out of France, that the Catholike Princes had now consulted and determined that England should be inuaded, and the Queene of Scotland deliuered vnder the conduct of Guise as Gene­rall, who wanted nothing but money and some bands of men in England to ioyne with him to his helpe. To procure these things, that Charles Paget vnder the counterfet name of Mope was sent secretly into Sussex, where the Duke of Guise determined to land his Armie. 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 Hauens and Noblemen. Neither did he denie that he promised his furtherance, and withall to haue admonished Mendoza with what Noblemen he being a pub­like person should treat of this matter, which he being a priuate man could not doe without great danger: and that he shewed a way to him how some principall Catholikes as soone as the forraine Forces were landed, might leuie souldiers in the Queenes name, and then to ioyne them to the forraine Forces. These things he voluntarily confessed.

Yet at the Barre in the Guildhall of London, being accused of these things, he precisely denied euery one of these things, and auerred that they were meere deui­ces of his owne head, to auoid the torment of the racke againe; and openly accused the Queene of crueltie, and the examiners of falshood, deuising an escapatorie or starting-hole by the space of time which was betweene [Page 152] the fault committed and the iudgement. Forasmuch as in the thirteenth yeere of Queene ELIZABETH cer­taine things were made treasons, for the which none should be arraigned except the delinquent were indited within six moneths after the fault committed, and the crime was proued by the testimonie 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 Iudges told him that the crimes ob­iected vnto him, were not of that kinde, 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 proofe, and that by that law the sentence of death was pronounced against him. Being afterward perswaded, he fled vnto the mercy of the Queene, and againe confessed in a wri­ting more fully, all things which he had said before; which things, not perseuering in his words, he began to denie againe at the gallowes, but in vaine.

M. Waad being returned out of Spaine, was sent to the Q. of Scotland, about a treatie to be had between her and Sir Walter Mildmay, which was propounded two yeeres since, and interrupted, as is said before, vnto whom she affirmed with great protestations, with what sinceritie she hath dealt about this treatie, and withall, deuoteth herselfe and all her labour vnto the Queene, and pro­miseth to depend wholly on her if onely shee would vouchsafe her so much loue and honour. Moreouer, she firmely promised, so that the treatie might goe for­ward, that she would intercede, yea, and bring to passe that her sonne should receiue Angus and the other No­blemen of Scotland into fauour; and also that the Bi­shops of Rosse and Glasco, her Agents and Ministers in France, should not plot any thing against the Queene [Page 153] and Kingdome of England, and that shee would haue nothing to doe with the Rebels or Fugitiues of England.

Queene ELIZABETH was glad to heare these things, and whereas that Angus, Marre, I Hamilton, and Glammys were fled into England, and making vse of the opportunitie offered, sent Beale vnto the Queene of Scotland, who together with the Earle of Shrewsburie, should shew her, that if shee continued in the same minde with which shee had acquainted Master Waad, that Mildmay should come forthwith vnto her, and treat with her about her libertie, and then should talke with her in the meane while to entreat her sonne the King to restore the Scottish Fugitiues, and to tell her that they had committed no fault against the King, but against some violent Counsellors who gaue him euill counsell; and lastly, that as much as they could they should get out of her the pract [...]ses of the Guises. She being a wise woman, answered; That she much de­sired that the treatie might goe forward, and that shee re­quested earnestly of Queene ELIZABETH as of her eldest sister, vnto whom shee gaue all honour. That shee had propounded nothing vnto Master Waad, but vpon condition, and that hee whom shee thought to bee 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 her selfe and her sonne, so that they would hum­bly submit themselues vnto the King, and be obedient vnto him; but if that were not done, that then the Queene should giue aid vnto her sonne, that they might bee reduced vnto their obedience. Moreouer, she doth not cloake nor hide it, that she when she was sickly, committed her selfe and her sonne vnto the care and trust of the Guise her most deare Cousin, of whose purposes or intents shee knew nothing, [Page 154] neither would she discouer them if she knew them, vnlesse a firme assurance were giuen her of her libertie; for that it was the part of an vnaduised person to forsake her assu­red friends, for an vncertaine hope. She requested that she being an absolute Prince; might bee no more dishonourably vsed, than Queene MARIE did sometime deale with her selfe, being at that time her subiect, and imprisoned; or than the French King did vse the King of Nauarre, being also his subiect, and bore armes against him. Shee also re­quested that the treatie might bee brought to an end before any in Scotland were sent Embassadour about that matter. And for that the French King had acknowledged her ordi­narie Embassadour, and Seton sent by her sonne into France, as Embassadours from Princes of the same authoritie and conioyned, she gaue that honour to the Queene, to publish this Association of her and her sonne in Scotland, and be­sought her not to preiudicate the same. These things were heard, but by terrors obiected, shifted off and deluded by the meanes of them who know how to nourish the hatred betweene the women that bore no in ward good will one to the other, especially by the discouerie of the papers which Chreycton a Scottish Iesuite sailing into Scotland, and intercepted by some Sea-rouers of Hol­land, tore in peeces: but the torne papers cast out of the ship, were cast againe into the ship by a contrary wind, not without a miracle (as Chreycton himselfe said) and glewed together by the great labour and singular skill of Waad, laid open and discouered new plots of the Pope, of the King of Spaine, and the Guises, about the inuading of England.

Therefore to occurre vnto and preuent the wicked counsels and secret policies of seditious persons, and to prouide for the Queenes safetie, vpon the which both the Kingdome and Religion depended: Many men (Leicester being the beginner) of all estates in [Page 155] England, out of common charitie, whilest they feared not her, but were fearefull of the other, bound them­selues in a certaine Association with their mutuall oathes, subscriptions and seales, to persecute with all their forces vnto death, them who did attempt any thing against the Queene.

The Queene of Scotland who quickly vnderstood that a way was made by it to make her away, wearie of her long miserie, and fearing worse things, propounded these things to the Queene and her Counsellors, by Nauus her Secretarie: If her libertie might be granted, and that she might be assured of the sincere minde and loue of Queene ELIZABETH, that she would binde her selfe in a most strict league of amitie with the Queene, most dutifully honour and obserue her before all other Chri­stian Princes, forget all offences past, acknowledge her the true and most rightfull Queene of England, and that she would not challenge during her life any right vnto the Crowne of England, nor practise anything against her di­rectly or indirectly; and vtterly to renounce the title and armes of England, which she had vsed by the commande­ment of Francis her husband; and also vnto the Bull of the Pope about her deposition and depriuation: Yea and also en­ter into that Association, for the securitie of the Queene; and into a defensiue league (sauing the ancient league be­tweene France and Scotland) yet so that nothing be done in the life of the Queene, or after her death, which may be hurtfull vnto her, her sonne, and their heires in succession, before they be heard in the Assemblie of the Estates of Eng­land. For more assurance of these things, that she will re­maine as an hostage in England, and if she may haue leaue to depart out of England, that she will giue pledges. More­ouer, that she will alter nothing in Scotland, so that the ex­ercise of her religion be permitted only to her and her fa­milie. That she will for euer forget all the wrongs done her [Page 156] in Scotland, (but yet vnder that condition, that the things published to her infamie may be repealed.) That she will commend vnto the King Counsellors which were desirous to keepe peace with England; and would reconcile vnto him as much as lay in her the Noblemen that were fled into England, if they would humbly acknowledge their fault, and that the Queene gaue her word to giue aid vnto the King against them, if at any time they fell or departed from their obedience. That she would doe nothing about her sonnes mariage, without the priuitie of the Queene; and that she would not doe anything without the priuitie of her sonne: so she requested that her sonne might be ioyned in this treatie, whereby it may be made more strong. She doubted not but that the King of France would be contented, and binde himselfe 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 meane while to hinder it. Lastly she earnestly desired, that she might haue the fauour to haue more libertie, that therein the loue of the Queene might appeare more euidently to her.

Out of these things, as matters of much honour and dutie, Queene ELIZABETH seemed to reioyce; and it was then thought she was inclined to deliuer her, although there were some in England who setting new feares 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 Queene ELIZABETH was vtterly vndone, if she were deliuered out of prison, and both the Realmes would be vndone, if she were ioyned with her sonne in the kingdome of Scotland; and if the exercise of the Roman Religion were permit­ted vnto her, if it were but in her Court.

[Page 157] And some of the Scottish Ministers in Scotland, out of their Pulpits, and in their meetings, railed most vilely against their Queene: they spoke ill of the King and his Counsellors, and being commanded to appeare in per­son, obstinately and contemptuously denied so to doe, as if the Pulpits were exempted from the Kings au­thoritie, and that Ecclesiasticall persons were not sub­iect to the King, but to the Presbyterie; directly against the lawes made this yeere in the Assemblie of the States, in the which the Kings authoritie ouer all persons both Ecclesiasticall and Laicks, was confirmed for euer: viz. That the King and his Counsellors are competent Iudges in all causes; and they who would not obey the same, are to be accounted for Traitors. The assemblies of Pre [...]byteries (as also those of Laicks) as well generall as particular, were prohibited, as hauing arrogated without the Kings priuitie, boundlesse authoritie, and when they list of meeting together, and of prescribing lawes vnto the King and vnto all the Realme. And also the popular equalitie of Ministers was abrogated, and the dignitie and iurisdiction were restored vnto the Bishops, whose vocation the Presbyteries had con­demned as Antichristian. And the sla [...]derous writings against the King, his mother, and Counsellors, were forbidden, and by name the Historie of George Bucha­nan, and his Dialogue, De iure regni apud Scotos, as those which containe many things fit to be corrected and blotted out of memory. And also many men blamed Patrick Grey the Scottish Embassador 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 equall conditions propounded from the Kings mother, and sent by Nauus, were not admitted.

Whereupon shee hauing her patience oftentimes wronged, fell into a grieuous sorrow and indignation, [Page 158] and so great was her desire of libertie, that she gaue her minde and eares as well vnto the treacherous counsell of her enemies, as vnto the pernicious deuices of her friends: And so much the more, for that as she had perswaded her selfe that the Association was made to endanger her life; so now she had an inkling that by the policie of some men she was to be taken away from the keeping of the Earle of Shrewsburie, (who being an vpright man, did not fauour their plots) and to be committed vnto new Keepers. And that it might be done with a better colour, and the credit of the Earle of Shrewsburie, which was approued and well knowne, might not seeme 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, vpon the finding fault of his vnreasonable wife) suspicions were laid hold on, as if the plot of getting her libertie had beene begun, out of certaine Emblemes sent by some vnto her. Those were, Argus with many eyes, lulled asleepe by Mercury playing tunes on his pipe, with this little sentence, ELOQVIVM TOT LVMINA CLAVSIT. Another was Mercury stri­king off the head of Argus keeping Io. A graft or cyon engrafted in a stocke and bound with bands, yet flou­rishing, and written about it, PER VINCVLA CRESCO. Another was a Palme tree much laden, but rising againe, with these words; PONDERIBVS VIRTVS INNATA RESISTIT. Also an Ana­gram, VERITAS ARMATA, out of her name, MARIA STEVARTA, the letters being transposed, which was taken in the worse part. Moreouer, there were letters shewne as if they had beene intercepted, in the which the friends of the Queene complained that all their hope was quite cut off, if she was but put into the custodie of the Puritans. Vnder this colour she was [Page 159] taken from Shrewsbury, and committed to the custo­dy of Amias Paulet and Drewgh Drury, and that of pur­pose (as some thinke) that being driuen into desperati­on, she might be more apt to take abrupt counsels, and more easie to be intrapped. For Sbrewsbury in all that fifteene yeeres, had so prouidently kept her, that there was no place left of plots from her or against her. And now also she dealt more earnestly with the Pope and the King of Spaine, by Francis Inglefield, to hasten that which was begun, and that with all expedition, whatsoeuer became of her. And Leicester (who was thought to study how to deceiue the right owner of the succession) secretly sent ruffians (as many said) to murther her. But Drury an honest minded and vpright man, detested the wickednesse from his heart, and suf­fered them not to haue any accesse vnto her. Yet some spies secretly crept in, and there were closely sent as well counterfeit as true letters, by which her womanish weaknesse might be thrust forward to her destruction, as we will say hereafter.

And to turne quite away the loue of Queene ELI­ZABETH from her, it was whispered in her eares, that Allan for the Catholikes Ecclesiasticks of England, and Inglefield for the Laicks, and the Bishop of Rosse for the Queene of Scotland, with common consent, and with the consent of the Pope and the King of Spaine, had decreed that Queene ELIZABETH was to be deposed from her Crowne, and the King of Scotland was to be disinherited of the kingdome of England as manifest and open Heretiques; the Queene of Scotland to be maried to some Catholike Nobleman of England, he to be chosen King of England by the English Catho­likes, and the election to bee confirmed by the Pope: The lawfull children of this man by the Queene of Scotland, to be declared successors in the kingdome. [Page 160] And all these things vpon the credit of Hart a Priest. But who this Englishman should be, Walsingham made diligent inquiry, but he found not who he was. But the suspicion fell vpon Henry Howard brother to the D. of Norfolke, who was of the chiefe Nobility, a single man, and an earnest Roman Catholike, and amongst them of great reputation and account.

Anno 1585.

IN the beginning of this yeare was a Parliament holden at Westminster, where the aforenamed Asso­ciation was confirmed by the common consent of both the houses. And it was enacted, that foure and twenty or more of the Priuy Counsell and Nobility of the land chosen by the Queenes letters Patents, might inquire of them, who shall inuade the Realme, raise rebellion or at­tempt to hurt or kill the Queenes person for any whosoeuer, or by them whosoeuer, who may challenge right vnto the crowne of England. But he for whom or by whom they shall attempt, shall bee made vtterly vncapable of the Crowne of England, and shall be vtterly depriued of all right thereunto, and shall be pursued euen vnto death by all the subiects if he shall be iudged, and publikely decla­red by those foure and twenty men to be priuy to such an In [...]asion, rebellion or hurt.

There were also acts made against Priests and Iesuits to this effect; That they should depart out of the Realme within X L. daies. That for them who from thenceforth came into the Realme and staied, it should be treason.

[Page 161] That they who knowing them to be such, doe re [...]eeue, receiue or helpe them, should be fellons (so they call all ca­pitall offences vnder treason.)

That they who are brought vp in the Seminaries, if within six moneths after proclamation made they doe not returne, and doe not make submission vnto the Queene, be­fore the Bishop, or two Iustices of peace, shall be guilty of treason.

But they who shall submit themselues, if within ten yeeres they come vnto the Court, or neerer it than ten miles, their submission shall be void.

They, whosoeuer shall send any money by any manner of meanes, vnto the Students in the Seminaries, shall incurre a Praemunire (that is, perpetuall imprisonment and losse of all their goods.)

If any of the Peeres of the land, that is to say, Dukes, Marquesses, Earles, Barons, Lords of the Parliament, shall offend against these lawes, he shall be tried by his Peeres.

They who shall know any such Iesuits and others, to lie hid in the Realme, and shall not discouer them within twelue daies, shall be fined at the Queenes pleasure, and put into prison.

If any man be suspected to be a Iesuite or Priest, and doe not submit himselfe vnto examination for his contempt, he shall be imprisoned vntill he doe submit himselfe.

He that shall send his children or any others vnto the Seminaries and Colleges of the Roman profession, shall lose and forfeit a hundred pounds of English money.

And they who are sent, shall not succeed in their herita­ges, nor enioy the goods that may fall vnto them by any manner of meanes.

And so shall they also who within a yeare after they re­turne home from the Seminaries, except they doe conforme themselues vnto the Church of England.

If the keepers of hauens permit others, beside Sailers, [Page 162] Mariners, and Merchants, to passe ouer the sea, without the Queenes licence, or six of her Counsellors, shall lose their places, and the Masters of the ship who shall carry them o [...]t shall lose and forfeit their ships and goods, and be imprisoned a whole yeere.

With the seuerity of these lawes the Roman Catho­likes in England were very much terrified, and amongst them Philip Howard Earle of Arundell, eldest sonne vnto the Duke of Norfolke, insomuch that he determi­ned to depart out of the Land, lest he should offend against them. This man by the benignitie of the Queene was restored in bloud three yeeres before this time, & a little after he fell out of the Queenes fauor & grace by the secret insimulation of some great Courti­ers, had secretly reconciled himselfe vnto the Romane religion, and vsed a very austere life. Hereupon he was once or twice called before the Counsell, and cleared himselfe of the obiections laid to his charge, but yet he was commanded to keepe his house. After six moneths more or lesse he was discharged, and came to the Parla­ment; yet the first day when the Sermon was preached, he stole couertly out of the company. The Parlament being ended, as being resolued to depart away out of the Land, in his letters written vnto the Queene, which yet he commanded to be deliuered after he was gone ouer, he made a long and lamentable complaint of the enuie of his mighty aduersaries, vnto which he was forced to yeeld, forasmuch as they triumphed ouer his in­nocencie, he repeateth the vnfortunate deaths of his An­cestors, that is to say, of his great grandfather, who was condemned and neuer called to triall, of his grandfather, who was beheaded for trifling matters, and of his Father, who, as he affirmed, was circumuented by his enemies, and who neuer carried any euill minde toward his Prince or Countrey. But that he, lest he should runne into the same [Page 163] hard fortune his father had, forsooke his country (that he might spend his time in the seruice of God, and in the works tending to the saluation of his soule) but not his loy­alty and fidelity toward his Prince. Before these letters were deliuered, he went into Sussex, and being ready to take ship in an obscure creeke, was taken and appre­hended by the treachery of his seruants, and discouery of the master of the ship, and committed vnto the Tower of London.

At that time there was prisoner in the same place Henry Percy Earle of Northumberland, a man of a liuely spirit and cou [...]age (brother of Thomas beheaded at Yorke) suspected to be priuy vnto the plot of Throg­morton, the Lord Paget and the Guises, for the inuading of England, and deliuering of the Queene of Scotland, vnto whom alwaies he had borne a great loue and af­fection. In the moneth of Iune he was found dead in his bed, shot thorow with three bullets about the left pappe, the doores being bolted on the inside. The Crowners quests according to the custome, taken out of the next neighbours, and sworne by the Crowner, viewing the body, considering the place, hauing found the pistoll, with the gunpowder in the chamber, his man who bought the Pistall, and the seller thereof, be­ing examined, gaue their verdict, that the Earle did murther himselfe. The third day after, the Noblemen of the Realme came in great number, and met in the Starre chamber, where Thomas Bromly Lord Chauncel­lor of England succinctly declared, that the Earle had plotted and deuised treason against his Queene and Countrey, which being now to come vnto light, and to be discouered, vpon the guiltinesse of his consci­ence had murdered himselfe. But that the multitude and common people, who alwaies conster things to the worst, might be satisfied, he commanded the Kings [Page 164] Atturney, and the Kings Counsell at law, to deliuer and explaine at large the causes why the Earle was kept and detained in prison, and the manner of his death. Hereupon Popham the Queenes Atturney Generall, be­ginning at the rebellion in the North, sheweth out of the Records, That he was arraigaed for this Rebellion, and for purposing to deliuer the Queene of Scotland, did then acknowledge his fault, and submitted himselfe vnto the mercy of the Queene, and that he was fined at fiue thousand marks (as I haue said before) and that the Queene, such was her clemency, tooke not a penny, but re­mitted the same, and that after the execution of his brother for the same fault, she confirmed him in the honour of Earle of Northumberland. That he neuerthelesse entred into new practises to deliuer the Queene of Scotland, to conquer England, and to kill the Queene, and to destroy Religion: That Mendoza the Spanish Embassador had signified vnto Throgmorton, that Charles Paget, vnder the name of Mope had talked with him of these things secretly in Suffex: That the Lord Paget had insinuated the same things almost vnto Throgmorton, and that the same things were euident and apparant by the papers of C [...]eycton the Scottish Iesuite, and that Charles Paget had told these things vnto William Shelley when he returned out of France.

Then Egerton the Queenes Solliciter, argued witt [...]ly out of the circumstances and the great care taken of concealing it, that the Earle was guilty of, and priuy to these things, that is to say, For that the Earle since that none in England could charge him with these things, but the Lord Paget, who was very familiar with Throg­morton, a few daies after the taking and apprehension of Throgmorton, made a ship ready for Paget by Shelley, in which he passed ouer into France. When Throgmor­ton began to confesse some things, hee departed from London and went out of the way vnto Petworth, and signi­fied [Page 165] vnto Shelley whom he had sent for vnto him, that he was fallen into great danger of his life, and of his estate, and requested him to conceale the businesse, and to send away them who were acquainted with the departure of the Lord Paget, and with the comming of Charles Paget, which was done forthwith. And he himselfe sent a good way off, the man whom hee had vsed about Charles Paget. Moreouer the Sollicitor said, that he being now in prison, dealt oftentimes with Shelley (by the Keepers whom he corrupted) to know what things, and of what nature hee had confessed. After that Shelley by a poore woman a se­cret messenger betweene them, had certified him that he could not conceale matters any longer, that their condition and estate were not like, that he should be put on the racke, but that the Earle could not, in respect of his place and degree, and had written those things which he had confes­sed, the Earle fighed grieuously, and sometimes said, as Pan­ton who waited on him in his chamber confessed, that by the confession of Shelley he was vtterly vndone.

Then the manner and reason of his death is de­clared, out of the testimony of the Enquest, of the Lieutenant of the Tower, of some of the Warders, and of Panton, and thereupon it was gathered, that he, for feare left his house and family should be vtterly destroied, and a blemish and blot imposed thereon, had laid his owne violent hands vpon himselfe Tru­ly many honest men, as well for that they fauour No­bility, as also for that he was holden and reputed a man of very great valour, were heartily sorry that such a man came to such a lamentable and wretched death. What things the suspecting fugitiues talked in corners of one Balliue, one of Hattons men, who a little before was made Keeper vnto the Earle, I omit as a thing of small credit, neither meane I to set downe any thing out of idle reports.

Anno 1586.

IN this yeare Philip Earle of Arundell, who had laine now a whole yeare in prison, was accused in the Starre Chamber, That he had releeued Priests against the lawes, that he had had commerce of letters with Allan, and Persons the Iesuite, enemies of the Queene, and that he had derogated in writing from the Iustice of the Land, and imagined to depart out of the land without licence. Hee pro [...]essing his dutie and seruice vnto the Queene, and his loue and good will vnto his countrey, excused himselfe with great modesty, by the loue he had to the Catholike Religion, and by his ignorance of the lawes, and submitted himselfe vnto the censure and iudgement of the Lords, who fined him at tenne thousand pounds, and to be imprisoned during the Queenes pleasure.

In the moneth of Iuly a most pernicious Conspira­cie against Queene ELIZABETH was found out and came to light, which I will briefly describe.

At Easter, this yeere, Iohn Ballard a Priest of the Semi­narie of Rhemes, who had visited many Roman Catho­likes in England and Scotland, returned into France, ac­companied with Mawd one of Walsinghams spies, a most craftie dissembler, who had bleared his eyes; and tal­ked with Bernardino Mendoza, at that time ordinary Embassadour of the King of Spaine in France, and with Charles Paget a man exceedingly addicted to the Queene of Scotland, about the inuading of England, saying that now was a most fit time, all the militarie [Page 167] men being absent in the Low Countries: and that they could not hope for a fitter time, since that the Pope, the King of Spaine, Guise and Parma, were determined to set vpon England, by that way to turne the warre out of the Low Countries. And though Paget held it cleere, that it would be in vaine as long as the Queene liued, yet Ballard was sent backe into England, being sworne to procure aid and helpe vnto the Inuaders, and libertie vnto the Queene of Scotland, and that with all speed, and as soone as he could.

At Whitsontide following this Ballard apparelled like a souldier, and called by a counterfet name, Cap­taine Foscu, arriued 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 aboue his yeeres, who being addicted to the Roman Religion, had a little before stollen ouerinto France, without any licence, and had beene very familiar with Thomas Morgan, one that be­longed vnto the Queene of Scotland, and with the Bishop of Glasco her Embassador, which two in extol­ling continually the heroicall vertues of such a Queene, had shewed such certaine hopes of great honours and preferments by her, of which the ambitious young man quickly tooke hold: they also commended him, thinking of no such matter, in their letters to the Queene of Scotland. For when he was returned into England, she curteously saluted him by her letters, and from that time Morgan vsed to send ouer, and to con­uey letters vnto her by his meanes, vntill such time as she was put ouer to be kept by Amyas Paulet. For then the young man seeing the danger, left off: With this Babington, I say, did Ballard deale about this matter. He was fully perswaded that the Inuasion of England would come to nothing so long as Queene ELI­ZABETH [Page 168] liued. But when Ballard had insinuated that she should not liue long, that Sauage 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 onely to Sauage, lest hee should faile in his attempt, but rather to six stout Gentlemen, whereof he would haue Sauage to be one, lest he should breake his oath: and Babington deuised a new way to haue the land inuaded by strangers, of the hauens where they should take land, of the aid that should be ioyned to them, how to deliuer the Queene of Scotland, and to kill the Queene.

Whiles he studied earnestly about this matter, he re­ceiued by a boy vnknowne, letters in a character or zif­fre samiliar betweene the Queene 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 deliuered by the Secretary of the French Embassador: which thing he did, and withall by the same messenger wrote letters vnto her, wherein he excused his silence, for that he was depriued of meanes and opportunity to send, from the time that she was put into the custody of Amyas Paulet a Puritane, a meere Leyce­strian, and a professed enemie of the Catholike faith (for so he called him) He opened vnto her, what he had con­ferred with Ballard, and told her that six Gentlemen were selected to execute the tragicall murder: and that he with a hundred other, would deliuer her at the same time. Hee besought her, that rewards might be propounded, and giuen vnto the heroicall actors in this businesse, or to their poste­rity, if they failed or died in the action. Vnto these let­ters answer was made the 27. of Iuly, the forward care of Babington toward the Catholike Religion, and her selfe, is commended, but he was aduised to proceed in the businesse warily, and that an Association might bee made amongst [Page 169] them as though they feared the Puritans, and that no stir should be made before they were certaine and assured of forraine helpe and forces: that some tumult might be raised also in Ireland whilest a blow or wound might be giuen in these parts, Arundell and his brethren, and Northumber­land, might be drawne into their side, Westmorland, Pager, and some others secretly called home. And the way also of deliuering her is prescribed, either by ouerthrowing a Cart in the gate, or by burning the stables, or by intercepting her selfe when she rode vp and downe in the fields for her recreation betweene Chartley and Stafford. Last­ly, Babington is commanded to giue his word and pro­mise for the rewards vnto the six Gentlemen and the others.

He had already gotten vnto himselfe some Gentlemen who were earnest Roman Catholikes, among the which the chiefest were Edward Windsore, brother to the Lord Windsore a milde young man, Thomas Salisbury of a worshipfull family in Denbighshire, Charles Tilney of an ancient worshipfull house, the only hope of his fa­mily, and one of the Gentlemen pensioners to the Queene, whom Ballard had lately reconciled vnto the Roman Church, both of them very proper men, Chi­diocke Tichburne of Hamshire, Edward Abington whose father was Cofferer to the Queene, Robert Gage out of Surrey, Iohn Trauerse, and Iohn Charnock of Lancashire, Iohn Iones whose father had beene Taylor vnto Queene Mary: the aforenamed Sauage, Barnwell, of a worshipfull family in Ireland, and Henry Dun, a Clarke in the office of the first fruits and tenths, into this soci­ety. Pooly also insinuated himselfe, a man perfectly in­structed in the affaires of the Queene of Scotland, a notable and cunning dissembler, who is thought to haue discouered all their purposes and counsells vnto Walsingham day by day, and to haue vrged these young [Page 170] men, ready enough to doe euill headlong, by suggesting and putting worse things into their heads; though Na [...]s, Secretary to the Queene of Scotland, had secretly aduised them to take heed of him.

Vnto these men Babington communicated the mat­ter, but not all things vnto euery one: hee sheweth his letters and those of the Queene of Scotland vnto Bal­lard, Tichburne, and Dun; he moueth Tilney and Tich­burne, to dispatch the Queene. At the first they deny to contaminate and [...]mbrue their hands in their Princes bloud, Ballard and Babington tels them that it is lawfull to kill Princes who be excommunicated, and if one offend, it is to be done for the good of the Catholike Religion. Herewith they with much adoe perswaded, doe consent, Abington, Barnwell, Charnock and Sauage, readily and voluntarily sweare to doe it. Sa­lisburie could not be perswaded by any meanes to kill her, but for the deliuery of the Queene of Scotland, he offered himselfe voluntarily vnto Sauage and the others; Babington designed Tichenor, of whose fidelity and va­lour he had a great opinion, but he was gone to trauell. Babington charged them not to impart the matter vnto any, before they had sworne them to bee secret. The Conspirators confer sometimes of this matter in Pauls Church, in Saint Giles fields, and in the Tauernes, in the which they kept many feasts: puffed vp 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 Queene, 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.

[Page 171] But for that this verse (as too plaine) did not so well like them, they tooke it away and in the stead thereof they put this:

It is reported that these tables were intercepted and secretly shewne vnto the Queene, who knew none of them by the countenance but Barnwell, who had of­tentimes come vnto her about the causes of the Earle of Kildare, vnto whom hee 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 feare, and turning vnto Hatton Captaine of her Guard, and others, said, Am not I well attended and guarded, that haue not in my company so much as one man that weareth a sword? These words Barnwell himselfe told after to the conspirators, and shewed them how easily she might then haue beene dispatched if the conspira­tors had beene there; and Sauage affirmed the same.

Now nothing troubled the minde of Babington more, than lest he should be deceiued of the forraine forces: Therefore to make that sure and certaine, hee determined to goe ouer himselfe into France, and to send before Ballard ouer secretly for that purpose: for whom he had got a license vnder a counterfeit name by a bribe he had giuen, and that he might cleere him­selfe from all suspicion, by the before named Pooly, he insinuated himselfe vnto Walsingham, and with great earnestnesse sued vnto him to obtaine of the Queene for him a license to goe into France, promising to doe good seruice in searching and discouering the most se­cret plots of the fugitiues, for the Queene of Scotland. He commended the purpose of the young man, & pro­mised him not only a license, but many and great mat­ters if he performed it: Yet he delaied from time to [Page 172] time the matter (which they thought that not so much as the Sunne had knowne) hauing gotten it out by the cunning wit of his owne, 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 Queene of Scotland was kept, and sent about this time by the fugitiues into England, vnder the counterfeit name of Luson, to re­member Sauage of his oath he had taken, and to lie hid to send the letters to and fro betweene them and the Queene of Scotland: when they could draw neither the Countesse of Arundell, nor the Lord Lumley, nor Hen­ry Howard, nor George Sherley, into so dang [...]rous a bu­sin [...]sse.

The fugi [...]iues, to trie whether the conueying of let­ters by Giffard was safe, first sent Blankes made vp like packets, which when they vnderstood by answers to be deliuered, they being more confident, sent also others in ziffres of their affaires, now and then. But Giffard, whether tormented in conscience, or corrupted by bribes, or ter [...]ified with feare, came secretly vnto Walsingham, and told him who he was, and for what purpose he was sent into England, and offered all his seruice out of his loue towards his Countrey and Prince, and promised to communica [...]e vnto him all the letters he receiued, either from the fugitiues or from the Queene of Scotland. Walsingham embracing the occasion offered, vsed the man courteously, sent him into Staffordshire, and wrote vnto Powlet that he should suffer some of his seruants to be corrupted by G [...]fford and to wincke thereat. He as vnwilling (as he said) that any of his seruants should be made a Traitor in a dissembling manner, yet as loth, he suffered him to cor­rupt the Brewer, or the man that kept the prouender, who dwelt hard by: Giffard quickly corrupted the [Page 173] Brewer for a few Angells 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 receiued backe let­ters, which by posts appointed came to the hands of Walsingham, who vnsealed and wrote them out: and by the rare skill of Thomas Philips he found out the zif­fres, and so sealed them againe by the skill of Arthur Gregory, that none could iudge them to haue beene vn­sealed, and so sent them vnto those men vnto whom they were directed. So were those former of the Queene of Scotland vnto Babington, and the answers of him vnto her, and others vnto him (in the which was craf [...]ily 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 vnto M [...]ndoza the King of Spaines Embassader, vnto Charles Paget, the Lord Paget, the Arch Bishop of Glasco, and to Fra. Ingl [...]field, euery one of which were copied out, and af [...]e [...] a [...]d conuered as they were directed.

Queene ELIZABETH, as soone as shee vnder­stood by these letters, that such a terrible storme hung ouer her head, on the one side from her subiects at home, and on the other side from for [...]aine en [...]m [...]es, commanded Ballard to bee apprehended, thereby to suppresse the conspiracie betimes. So on a sudden hee was taken in the house of Babington, in the very in­stant when he was ready to goe vpon [...]is iourney into France. Hereat Babington was wonderfully perplexed, and was in a thousand mindes, and went to Tich­burne, and asked his aduice, what was to be done: his counsell was, that the conspirators should scatter and fly sundry waies, but his owne was, secre [...]ly to send Sa­uage and Charnock, and that speedily to dispa [...]ch [...]th Queene, yet that they might come with mo [...]e facility vnto her, to prouide some richer and more courtlike [Page 174] sutes for Sauage, and of this matter he talked with them in Pauls Church: but by and by changing his minde, and concealing his inward cares stinging his heart, he vrged Walsingham, being then absent and at the Court, that his licence to trauell into France might be now at length granted; and withall intreated him, to let Ballard free, whom he should haue great occasi­on to vse in that negotiation. Walsingham delaied and held him on with faire promises from day to day, and as concerning Ballard, and taking of him, he laieth it vpon Young, that cunning hunter out of Romanists, and as it were in friendship secretly aduised him to take heed of such fellowes, and easily perswadeth the young man to lie all night in his house in London, vntill the Queene signed his passeport and he himselfe returned to London, that they might talke of such important af­faires with more secrecy, and lest the fugitiues when he came to France, should gather any manner of suspi­cion, out of his often going to and fro thither.

In the meane time Scudamore, one of Walsinghams men was commanded to watch him very diligently, and to accompany him in euery place, vnder the colour that he might be the safer from the Purscuants. Hither­to had Walsingham contriued and wrought the busi­nesse, the other Counsellors of the Queene being igno­rant thereof; and would haue proceeded further and lengthened it, but the Queene would not, lest, as she said, in not taking heed of a danger when she might, she should seeme more to tempt God than to hope in him. Therefore out of the Court from Walsingham a scroll was sent vnto his man, to watch Babington with more care: This being not sealed, was so deliuered, that Babington sitting next to him at the Table, read it also. Hereupon being guiltie in conscience, and suspecting that all things were discouered, the next night, when [Page 175] he, Scudamore, and one or two more of Walsinghams men had in the Tauerne supped with good cheere, he (as if he would haue paid the reckoning) arose, lea­uing behinde him his sword and cloake, and got to Westminster by the darknesse of the night, where Gage changed clothes with him, who forthwith put on Charnocks clothes, and together got closely into S. Iohns wood neere vnto the Citie, vnto which place came also Barnwell and Dun. In the meane time they were proclaimed Traitors thorow all England. They lurk­ing in woods and by-wayes, when they had in vaine requested money of the French Embassador, and hor­ses of Tichburne, they cut off Babingtons haire, and dis­figured his face with the greene shels of walnuts, but being compelled by famine, went to the Bellamies house neere to Harrow on the Hill, who were much addicted to the Roman religion: there they were hid­den and releeued with victualls in the barnes, and ap­parelled in husbandmens apparell, and being found after ten daies, were brought to London, the citizens wit­nessing their publike ioy, with ringing of bels, making of bonfires in the streets, and singing of Psalmes, so much that the citizens receiued great commendations and thankes of the Queene for the same.

The other conspirators were soone after taken, most of them neere vnto the citie, Salisbury in Cheshire, his horse being thrust thorow with a halbard, and Tra­uerse with him, after they had swomme ouer the riu [...]r of Weuer; and in Wales was taken Iones, who being ac­quainted with the intended inuasion, had also hidden them in his house, after he knew they were proclaimed traitors, and had moreouer furnished Salisbury in his flight with a horse, and his man (who was a Priest) with a cloke hee lent him. Onely Windsore was not found. Many daies were spent in the examination o [...] [Page 176] these men, who in their confessions appeached one ano­ther, concealing nothing that was true.

All this time the Queene of Scotland and her ser­uants were so narrowly kept and watched by Powlet, that these things were kept from her knowledge, though publikely knowne in all England. As soone as these men were taken, Tho. Gorge was sent, who in few words should certifie her of these things, which hee purposely did vnto her, nothing dreaming thereof, euen as she had taken horse to goe on hunting; neither was she suffered to returne, but vnder shew of honour, lead about to Gentlemens houses that dwelt thereabouts. In the meane time I. Maner, Ed. Aston, Rich. Bagot, and William Waad, by commission from the Queene, kept Nauus and Curlus her Secretaries and other seruants se­uerally, that they should haue no communication with themselues nor with the Queene. And breaking open the doores of her closet, sent all her cabinets and deskes wherein her papers were laid, sealed vp with their seales vnto the Court. Then Powlet so commanded, seazed on all the money, lest she should corrupt any body with bribes, and gaue his word to restore it. The cas­kets and deskes being searched before Queene ELI­ZABETH, there were found the letters of many stran­gers, the copies also of letters vnto many, about 60. kinds of Ciphers, and also the letters of many noble­men of England, offering their loue and seruice, which yet Queene ELIZABETH dissembled in silence: but they smelling it out, did afterward all they could a­gainst her, that so they might not seeme to haue fa­uoured her.

Now Gifford hauing serued their purpose in this manner, was sent into France as a man banished, lea­uing first with the French Embassador in England a paper indented with this charge, not to deliuer any [Page 177] letters from the Queene of Scotland, or from the fu­gitiues, and came to his hands vnto no other man but him that brought the counterpaine thereof, which he secretly sent to Walsingham. Being returned into France, after some moneths he was cast into prison for his wicked life, and suspected of these things died wret­chedly, confessing most of these things to bee true, which were also found to be true out of the papers in the deskes.

On the XIII. day of September, seuen of the con­spirators were brought to the barre and arraigned, and acknowledged themselues guiltie, and had iudgement of treason. On the next day the other seuen were brought to the barre, and pleaded not guilty vnto their enditement, and put themselues to bee tried by God and the countrey, who were proued guilty by their owne confessions, and were likewise condemned. Pooly only, though he was priuy to all, for that he affir­med that he had told some things vnto Walsingham, was not at all arraigned. On the XX. day of the same moneth, the first seuen were on a paire of gallowes set vpon a scaffold in Saint Giles his field, where they had vsed to meet, hanged, and cut downe, and their priuities cut off, bowelled and quartered as they were euen aliue, not without the note of cruelty, that is to say, Ballard the contriuer of the wickednesse, as­king pardon of God and the Queene, with this con­dition, if he had offended her. Babington (who with­out feare beheld the execution of Ballard, whiles the other turning their faces away, and on their knees were earnest at their praiers, ingenuously acknowled­ged his fault, and being let downe from the gallowes, sundry times plainly cried out in the Latine tongue, Parce mihi Domine Iesu. Sauage (the rope breaking) fell from the gallowes, and was strait pulled away, [Page 178] and his priuy members cut off, and bowelled aliue. Barnwell extenuated the fault with the pretext of Reli­gion and conscience. Tichburne humbly acknowled­ging his wickednesse, moued all the multitude to com­passion, and so likewise did Tilney, being a very proper man, and modest in behauiour. Abington being of a turbulent spirit and nature, casting out threats and terrors, of the bloud that was ere long to bee shed in England. On the next day, the other seuen were drawne vnto the same place, but vsed with more mercy by the Queenes commandement, who hated the former cruelty; for euery one of them hung till they were quite dead, before they were cut downe and bowelled. Salisbury the first, was very penitent, and aduised the Catholikes not to attempt the restitution of Religion by force or armes, and the same did Dun who was the next. Iones protesting that he had disswa­ded Salisbury from this enterprise, and that he vtterly condemned and disliked the haughty and rash spirit of Babington and the purpose of inuasion. Charnock and Trauerse fixed wholly to their praiers, commen­ded themselues to God and the Saints. Gage extolling the bountifull liberality of the Queene toward his fa­ther, and detesting his owne treacherous ingratitude toward a Princesse so well deseruing. Hierom Bellamy, who had hidden Babington after he was proclaimed traitor (whose brother priuy to the same offence had strangled himselfe in prison) ashamed and silent was the last of this company.

These men being executed, Nauus the Frenchman, and Curlus the Scot, who were Secretaries to the Queene of Scotland, being examined about the letters, copies of letters, and little notes and Ciphers found in the Queenes closet, of their owne will acknowled­ged by their subscriptions, that the handwritings were [Page 179] their owne, endited by her in French, taken by Na­uus, and turned into English by Curlus: Neither did they deny that she receiued letters from Babington, and that they wrote backe by her commandement in such a sense as is aforesaid. Yet this is certaine out of letters, that when Curlus did at this time aske Walsingham for what he promised, that Walsingham did reproue him, as one forgetfull of an extraordinary grace, as that he had not confessed any thing but that hee could not deny, when Nauus charged him therewithall to his face.

The Counsellors of England could not agree what should be done with the Queene of Scotland: some thought good that no seuerity was to be vsed against her, but to be kept very close, as well for that she was not the beginner of this plot, but onely made acquain­ted with it; and also for that she was sickly, and not like to liue long. Others for the securitie of Religion would haue her dispatched out of the way, and that by the course of Law. Leycester had rather haue it done by poyson, and secretly sent a Diuine to Walsingham, to shew him that this was lawfull: but Walsingham prote­sted that he was so farre from allowing that any vio­lence should be vsed, that long agoe hee crossed and broke the aduice of Morton, who had perswaded to send her into Scotland, that she might be killed in the very borders of both the kingdomes. They were moreouer of different opinions, by what law or Act they should proceed against her, whether out of that of the XXV. yeare of Edward the third (in which he is a traitor who deuiseth to kill the King or the Queene, or moueth warre in the Kingdome, or doth adhere vnto his enemies,) Or whether by that Law or Act of the XXVII. yeare o [...] Queene ELIZABETH, which is set downe before: At length their opinion preuailed, [Page 180] who would haue it by this latter law, as made for this purpose, and therefore to be accommodated thereunto: therefore out of that law enacted the former yeare, that enquiry might be made, and sentence pronounced against them who raised rebellion, inuaded the king­dome, or attempted to hurt the Queene, many of the Priuie Counsell and Noblemen of England were cho­sen Commissioners by letters Patents, which was this after the Lawyers forme and stile.

ELIZABETH by the grace of God, of England, France, and Ireland, Queene: Defender of the faith, &c. To the most Reuerend Father in Christ Iohn Arch­Bishop of Canterbury, Primate and Metropolitane of all England, and one of our Priuy Counsell; And to our be­loued and trusty Thomas Bromley Knight, Chauncellor of England, and another of our Priuie Counsell, And also to our welbeloued and trusty William Lord Burghley, Lord Treasurer of England, another of our Priuy Coun­sell, And also to our most deare cousin William Marquesse of Winchester, one of the Lords of the Parlament, And to our most deare cousin Edward Earle of Oxford, great Cham­berlaine of England, another of the Lords of the Parla­ment, And also to our most deare cousin George Earle of Shrewsbury, Earle Marshall of England, another of our Priuy Counsell, and to our most deare cousin Henry Earle of Kent, another of the Lords of the Parlament, And also to our most deare cousin Henry Earle of Darby, ano­ther of our Priuy Counsell, And to our most deare cousin William Earle of Worcester, another of the Lords of the Parlament, And to our most deare cousin Edward Earle of Rutland, another of the Lords of the Parlament, And to our most deare cousin Ambrose Earle of Warwicke, Ma­ster of our Ordnance, another of our Priuy Counsell, and to our most deare cousin Henry Earle of Pembrooke, [Page 181] another of the Lords of the Parlament, And also to our most deare cousin Robert Earle of Leicester Master of our horse, another of our Priuy Counsell, And to our most deare cousin Henry Earle of Lincolne, another of the Lords of the Parlament, And also to our most deare cousin Antony Vicount Montague, another of the Lords of the Parlament, And to our welbeloued and trusty, Charles Lord Howard our great Admirall of England, another of our Priuy Counsell, And to our welbeloued and faithfull Henry Lord Hunsdon our Lord Chamberlaine, another of our Priuy Counsell, And also to our welbeloued and trusty Henry Lord of Aburgeuenny another of the Lords of the Par­lament, And to our welbeloued and trusty Edward Lord Zouch, another of the Lords of the Parlament, And also to our welbeloued and trusty Edward Lord Morley, ano­ther of the Lords of the Parlament, And also to our wel­beloued and trusty William Lord Cobham Lord Warden of our fiue Ports, another of our Priuy Counsell, And al­so to our welbeloued and trusty Edward Lord Stafford, another of the Lords of the Parlament, And also to o [...]r welbeloued and trusty Arthur Lord Grey of Wilton, ano­ther of the Lords of the Parlament, And also to our wel­beloued and trusty Iohn Lord Lumley, another of the Lords of the Parlament, And also to our welbeloued and trusty Iohn Lord Sturton, another of the Lords of the Parlament, And to our welbeloued and trusty William Lord Sandes, another of the Lords of the Parlament, And also to our welbeloued and trusty Henry Lord Wentworth, another of the Lords of the Parlament, To our welbeloued and trusty Lewis Lord Mordant, another of the Lords of the Parlament, And to our welbeloued and trusty Iohn Lord S^t. Iohn of Bletso, another of the Lords of the Par­lament, And also to our welbeloued and trusty Thomas Lord Buckhurst, another of our Priuy Counsell, And to our welbeloued and trusty Henry Lord Compton, ano­ther [Page 182] of the Lords of the Parlament, And also to our welbelo­ued and trustie Henry Lord Cheney, another of the Lords of the Parlament, To our welbeloued and trusty Francis Knolles Knight, Treasurer of our houshold, another of our Priuy Counsell, And also to our welbeloued and trusty Iames Crofts Knight, Controller of our said houshold, ano­ther of our Priuy Counsell: To our beloued and trusty Christopher Hatton Knight, our vice-Chamberlaine, ano­ther of our Priuy Counsell, And also to our trusty and wel­b [...]loued Francis Walsingham Knight, one of our chiefe Se­cretaries, another of our Priuy Counsell, And also vnto our trusty and welbeloued, William Dauison Esquier, another of our principall Secretaries, of our Priuy Coun­sell, And to our trusty and welbeloued Ralph Sadleir Knight, Chauncellor of our Dutchy of Lancaster, another of our Priuy Counsell, And also to our trusty and welbe­loued, Walter Mildmay Knight, Chauncellor of our Ex­chequer, another of our Priuy Counsell, And to our trusty and beloued, Amyas Powlet Knight, Captaine of the Ile of Iersey, another of our Priuy Counsell, And to our trusty and welbeloued Iohn Wolley E [...]quire, our Secretary for the Latine tongue, another of our Priuy Counsell, And also to our trusty and welbeloued Christopher W [...]ay Knight, chiefe Iustice of the Kings Bench, And to our trusty and welbeloued Edmund Anderson Knight, Chiefe Iustice of the Common Bench, Roger Manwood Knight, Chiefe Baron of our Exchequer, Thomas Gawdy Knight, one of our Iustices of the Kings Bench, And William Peryam one of the Iustices of our Bench, Greeting, &c. And not to set it downe verbatim: After the recapitulation of the Act made the last yeere, these words follow: When after the end of the Session of Parlament, viz af­ter the first day of Iune, in the XXVII. yeare of our reigne, diuers things haue beene compassed and deuised ten­ding to the hurt of our Royall Person, as well by Mary [Page 183] daughter and heire of Iames the fift, lately King of Scotland, and commonly called Queene of Scotland and Dowager of France, pretending title vnto the Crowne of this Realme of England, as by diuers other persons, with the priuity of the same Mary, as it is giuen vs to vnder­stand: and for that we intend and determine, that the said Act should be executed rightly and effectually in all things, and by all things, according to the tenour 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 iudgement thereupon giuen, according to the tenor and effect of the said Act: We giue vnto you and to the greater part of you, full and ample power, faculty, and authority, according to the tenour of the said Act, to examine all and singular things compas­sed and deuised, tending to the hurt of our Royall Person, with the priuity of the said Mary, and all the circumstan­ces of the same, and all the aforesaid offences whatsoeuer mentioned in the said Act, as it is said, and all circumstan­ces of the same offences, and of euery one of them: And moreouer according to the tenour of the said Act to giue sentence and iudgement, euen as the matter shall appeare vnto you vpon good proofe; And therefore we command you to proceed diligently vpon the aforesaid things in the forme aforesaid, at certaine daies and places, which you or the greater part of you shall appoint, and prouide for this purpose, &c.

The most of these came to Fodringhay Castle in Northamptonshire, on the xj. day of October, where the Queene of Scotland was then kept. On the next day the Commissioners sent vnto her, Sir Walter Mild­may, Sir Amyas Powlet, and Edward Barker, a publike Notary, who deliuered into her hands the letters of Queene ELIZABETH, which when she had read ouer, she with a Princely countenance and quiet minde [Page 184] said: I am much aggrieued that the Queene my most deare sister is wrong informed of me, and that I, who haue so straitly beene kept so many yeeres, and being now lame, after I haue offered so many equall and faire conditions for my liberty, haue laine so long time neglected: Although I haue fully forewarned her of many dangers, yet I was not beleeued, but was alwaies despised, although I am most neere to her in bloud. When the Association was made, and when it was confirmed in the Parlament, I foresaw that whatsoeuer danger befell, either by forraine Princes abroad, or any harebraine fellowes at home, or for the cause of Re­ligion, I should pay deare for the same, I hauing so many deadly enemies at the Court. I may take it in euill part, and I haue cause for it, that a league was made with my sonne, without my priuity or knowledge, but such like things I pretermit. But to come vnto these letters; It seemeth strange vnto me that the Queene commandeth me, as if I were her subiect, to come vnto a triall: I am an absolute Queene, neither will I doe or commit any thing, which may empaire or wrong the Royall Maiestie of Kings and Princes, of my place and ranke, or my sonne; My minde is not so deiected, neither will I yeeld and sinke downe vnder calamity, I referre my selfe vnto those things which I pro­tested before Bromly and the Lord De la Ware. The lawes and statutes of England are to me vtterly vnknowne, I am destitute of counsellours, I tell you plaine I know not who may be my Peeres: my papers and notes of re­membrances are taken from me, there is none that dare pleade or speake in my cause. I am free from all offence against the Queene, neither am I to be called in question, but vpon mine owne word or writing, which can neuer be brought against me; But yet I cannot deny but that I haue commended my selfe and my cause to forraine Princes.

On the next day returned vnto her in the name of the Commissioners, Powlet and Barker, who shewed [Page 185] 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 conceiued, and said she would persist in the same: But, said she, I did not remember one thing which I wish may be put in: Wh [...]reas the Queene hath written I am subiect and liable vnto the lawes of England, and am to be iudged by them, because I liued vnder the protection of them: I answer, That I came into England to aske and craue aid and helpe, from which time I haue beene kept and deteined in prison, and could not enioy the protection and benefit of the lawes of England, and hitherto I could not vnderstand by any body, what the lawes of England were.

In the afternoone many chosen out of the Commis­sioners, with men skilfull in the Canon and Ciuill lawes, came vnto her: but the Chancellor and the Treasurer declared their authority out of the letters patents, and shewed her that neither captiuity, nor the prerogatiue of Royall Maiesty could exempt her from answering in this kingdome; and mildly he admoni­shed her to heare the obiections made against her if not, they threatned they both might and would pro­ceed against her by the authority of the law. She an­swered, That she was not a subiect, and had rather die a thousand times, than acknowledge her selfe a subiect: since that by acknowledging it, she should doe preiudice and wrong vnto the highnesse of the Maiestie of Kings, and withall should confesse her selfe to be bound vnto all the lawes of England, euen in matters of Religion. Neuerthe­lesse she was ready to answer vnto all things, in a full and free Parlament, since that she is ignorant if onely for a fashion and a shew, this assembly was appointed against her already condemned with their fore-iudgements; there­fore she closely admonisheth them to looke vnto their con­sciences, and to remember that the Theater of the whole [Page 186] world was farre more spacious than the kingdome of England. Lastly, she began to complaine of the iniu­ries done vnto her, and the Treasurer to rehearse the benefits of Queene ELIZABETH bestowed vpon her, viz. that shee had punished many who did im­pugne the right she challenged vnto England, and had hindered that she was not condemned by the Estates of the Realme, for the pursuing the mariage with the Duke of Norfolke, the rebellion in the North, and o­ther things: which things when she seemed to make slight of, they went away.

After a few houres, by Powlet and the Solicitor they shewed the heads of the letters Pa [...]ents, and the names of the Commissioners, that shee might see that they were to deale formally and in good fashion, vprightly, 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 vpon which al the authority of the Commissioners depended; that is, to wit, that it was vniustly deuised purposely a­gainst her, & that there was no example of the like pro­ceeding, and that shee would neuer submit her selfe to triall vpon that Act. She asked by what law they would proceed against her: If by the Ciuill or Cano [...] lawes, she said the expounders were to be sent for to Pauy or Poytiers, and other outlandish Vniuersities, since that fit men were not to be found in England. Moreouer she added that it was euident by plaine words in the letters, that she was accounted guiltie of the fault, al­though she was not heard, and therefore shee had no reason to appeare before them, and she required to be satisfied of many scruples in these letters, which she had noted, confusedly and in haste by her selfe alone, but shee would not deliuer them in writing, for that it did not beseeme a King or Prince to play the scribe.

[Page 187] About this matter those Commissioners selected came to her againe, vnto whom she signified that shee did not vnderstand the meaning of these words, Since she is in the protection of the Queene. The Chancellor answered, This to be apparant enough to any one of vnder­standing, but yet it is not the duty of Subiects to expound what the Queene meant, neither were they made Commis­sioners for that cause. Then she requested that the pro­testation which she had made in former times, to bee shewed and to be allowed. It was answered, that it was neuer allowed, neither that it was to be allowed now, for that it was a wrong to the Crowne of Eng­land. Shee asked by what authoritie they would pro­ceed. It was answered, by the authority of the letters Patents, and the law of England. But you, said shee, make lawes as you list, vnto which, it is no reason why I should submit my selfe, since that the Englishmen in for­mer times refused to submit themselues vnto the Salicke law of the Frenchmen. But if they proceeded by the law of England, they should bring a president for their doings, since that, that law for the most part consisted vpon ex­amples, and customes. But if by the Canon Law, then no other men ought to expound the same, but the makers of them. It was answered, that they would proceed nei­ther by the Ciuill nor Canon lawes, but by the lawes of England: But yet that by the Ciuill and Canon lawes it might be shewed that shee ought to appeare before them, if she did not refuse to heare this; neither did she refuse to heare, but as in way of communica­tion, but not by way of Iustice or triall.

Hereupon she fell into other speeches, viz. that she neuer compassed or deuised any thing to hurt or kill the Queene, that she had beene offended at the wrongs and indignities done to her, that she should bee a stum­bling blocke, if she were discourteously vsed; That she [Page 188] did by Nauus offer her labour and best meanes for the reuocation of the Popes Bull; That she would haue de­fended her innocency by letters, neither was this per­mitted: And to conclude, that all her offices of good will for this twenty yeeres haue beene reiected; with such like small digressions, her going on further they called backe, and bade her to say in plaine termes, whe­ther shee would answer before the Commissioners; Shee replied, That this their authority was giuen to them by the new act made to ensnare her: That she could not en­dure the Lawes of the Queene, which she vpon good rea­son suspected: That shee hauing beene hitherto of good courage, would not now wrong her ancestors the Kings of Scotland, by acknowledging that shee is a subiect of the Crowne of England, for this is no other thing than open­ly to confesse them thereby to haue beene rebels and trai­tors. Yet that she refused not to answer, so she be not redu­ced vnto the ranke of a subiect: and that she had rather die a thousand times, than to answer as a Criminall offender.

Vnto these speeches Hatton the Vice-Chamberlaine of the Queene said; You are accused (but not condemned) to haue conspired to kill our Lady and anointed Queene. You say you are a Queene. Be it so. But the Royall estate of a Queene doth not exempt you from answering vnto such a crime as this is, neither by the Ciuill nor Canon law, nor by the law of Nations, nor by the law of Nature. For all Iustice would be of no force, yea be vtterly ouer­throwne, if faults of such nature should be committed with­out punishment. If you bee innocent, you doe wrong to your credit by flying from triall. You protest your selfe to be innocent, but Queene ELIZABETH is of ano­ther minde, and not without cause, but truly to her great griefe: Therefore to examine your innocency, shee hath sent with authoritie most honourable, most wise, and most vpright men, who with equity and with fauour, are to [Page 189] heare you, and they will reioyce from their heart, if you cleare your selfe of this crime. Beleeue me, the Queene her selfe will be very glad, who said to mee at my departure, that there could not a thing haue happened more grieuous vnto her, than that you are charged with this fault. Where­fore laying by the superfluous priuilege of a Royall E­state, which can be now of no vse, make your appearance for a triall, shew your innocency, lest by searching of eua­sions you draw vpon your selfe suspicion, and purchase a perpetuall blemish of your reputation. I doe not refuse, said she, to answer in a full Parlament, before the Estates of the kingdome lawfully called, so that I may be de­clared next in succession: Yea and before the Queene and her Counsellors, so that my protestation may be admitted, and I may bee acknowledged the next kinswoman of the Queene. In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries, by whom I know all the defence I can make of mine innocency, will not be allowed and receiued. The Chancellor asked her if she would answer, if her protestation were admitted: She answe­red, I will neuer submit me to the new law m [...]ntioned in the letters Patents. Hereupon the Treasurer [...], Yet we will proceed to morrow though you be absent, and continue obstinate in the cause. She said, Search and examine your consciences, haue regard to your honour, God will requite you and your heires for your iudgement vpon me.

On the next day being the fourteenth day of Octo­ber, she sent for some of the Commissioners, and reque­sted, that the protestation might bee admitted and al­lowed. The Treasurer asked her whether shee would come to triall, if the protostation were onely receiued and put into writing without allowance. At length she condescended, yet with an euill will, lest shee (as she said) might seeme to derogate from her predeces­sors [Page 190] or successors, but that shee was much desirous to cleare the crime obiected, being perswaded by the rea­sons of Hatton, which she had better thought on.

Forthwith met and assembled in the Chamber of presence, the Commissioners that were present. There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber, for the Queene of England: Against it lower and further off, neere vnto the railes a Chaire for the Queene of Scotland, hard to the walls on both sides benches or formes, on the which on the one side sate the Chancellor of England, the Treasu­rer of England, the Earles of Oxford, Kent, Darby, Wor­cester, Rutland, Cumberland, Warwicke, Penbroke, Lin­colne, and Vicount Mountacute; On the other side the Lords, Aburgeuenny, Zouch, Morley, Stafford, Grey, Lum­ley, Sturton, Sandes, Wentworth, Mordant, Saint Iohn of Bletso, Compton and Cheiney: Next to them sate the Knights of the Priuy Counsell, as Iames Croft, Chri­stopher Hatton, Francis Walsingham, Ralph Sadleir, Wal­ter Mildmay, and Amias Powlet; Forward before the Earles sate the two chiefe Iustices, and the chiefe Baron of the Exchequer; on the other side, two Barons and other Iustices, Dale and Ford, Doctors of the Ciuill law; at a little table in the middle sate Popham the Queenes Atturny, Egerton the Sollicitor, Gaudie the Queenes Serieant at law, the Clarke of the Crowne, and two Clarkes.

When she was come and had set her selfe in her seat, silence being made, Bromly the Chancellor turning to her, made a short speech to this purpose: The most high and mighty Queene of England being certified to her great griefe and anguish of minde, that you haue plotted both the destruction of her and of England, and also of Religion; according to the duty due vnto God, her selfe, and people, in the which lest she should faile, and out of [Page 191] no malice of minde, hath appointed these Commissioners, who may heare what things are obiected against you, and how you can cleare your selfe from the crimes laid against you, and shew your innocency: She arising vp said, that she came into England to seeke and request aid, which was pro­mised her, neuerthelesse that shee was deteined in prison euer since that time. Shee protested, that she was not sub­iect to the Queene, but was a free and absolute Queene, nei­ther was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge, for any cause whatsoeuer, but only God alone the Soueraigne Iudge of all, lest that she should doe wrong and iniury vnto her owne Royall Maiesty, her Sonne the King of Scotland, her Successors, or any other absolute Princes: But now she was there in person to refell the crimes obiected against her. And she requested her friends or seruants to witnesse these things. The Chancellor not acknowledging that helpe was promised, answered, That this protestation was to no purpose, for that whosoeuer, of whatsoeuer ranke or estate he were in England, did offend against the lawes of Eng­land, may be made subiect to the same, and may be exami­ned and iudged by the late new law. And that therefore that protestation made to the preiudice of the lawes, and of the Queene of England, was not to be admitted. Yet the Commissioners commanded, as well her protestation, as the answer of the Chancellor to be recorded. Then the letters Patents, which, as I haue often said, were founded vpon the Act of Parlament, being read aloud, she with a great courage made a protestation against that Act, as made directly and purposely against her, and in this matter put it to their conscience: And when the Treasurer answered, that euery man in this Realme was bound to the obseruation of the lawes, though neuer so lately made, and that shee might not speake in disgrace of the lawes, and that the Commissioners [Page 192] would iudge by vertue of that law, whatsoeuer pro­testations or appellations she made: At length she said shee was ready and prepared to answer of any act whatsoeuer, done against the Queene of England.

Then Gawdy expounded and made plaine the Act in euery point, and affirmed, that shee had offended against the same, and then he made an Historicall Nar­ration of Babingtons conspiracy, and concluded, that she knew of it, allowed it, promised helpe, and shewed the waies and the meanes. She with an vndanted courage answered, that she knew not Babington, neuer receiued letters from him, nor neuer wrote vnto him, neuer plotted the destruction of the Queene: And that to proue it effectu­ally, the subscription vnder her owne hand was to be pro­duced. She neuer heard so much as any man speake it: that she knew not Ballard, neuer maintained him, but that shee had heard that the Catholikes were much agrieued with many things; and that she certified the Queene therewith in her letters, and had earnestly desired her to haue pitty of them. And that many, vtterly to her vnknowne, had offe­red their seruice vnto her; yet that she neuer moued any, to any wickednesse: and that she being shut vp in prison, could neither know, nor hinder the things which they at­tempted.

Vpon this, out of the confession of Babington, shee was vrged that there passed an entercourse of letters betweene her and Babington. She acknowledged, that she had speech with many by letters, neuerthelesse it could not be gathered thereby, that shee knew of all their naughty practises: She requested, that a subscrip­tion with her owne hand might be produced, and she asked, who could haue harme by it, if she had requested to haue letters detained almost a whole yeare. Then the Copies of the letters of Babington vnto her were read, in the which all the plot was described. She said, [Page 193] As concerning these letters, it may be that Babington might write, but let it be proued that I receiued them: if Babington or others haue affirmed this, I say in plaine termes they lie. O­ther mens faults are not to be laid on my back. A packet of let­ters, which was deteined almost a yeer, came about that time to my hands, but truly I know not by whom it was sent to me.

To proue that she had receiued 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 backe.

In like manner things taken out of the confessions of Ballard and Sauage were read, who confessed that Ba­bington had communicated vnto them letters receiued from the Queene of Scotland. She affirmed, that Ba­bington had receiued none from her, yea rather that she had beene angrie with them that secretly suggested, and gaue counsell about the inuading of England, and warned them to beware and take heed. Then were showen the Let­ters, in the which the plot of Babington was commen­ded and approued. She asked to haue the copie of them, and affirmed that they came not from her, but perhaps out of her Alphabet of Cyphers in France, that she hath laboured to get her libertie, which is a thing naturall to all men, and to haue treated with her friends to vse meanes to deliuer her: Neuerthelesse vnto many whom she was not disposed to name, who offered their seruice, shee had not answered a word, but that she much desired to turne away the storme of perse­cution from the Catholikes, and that she intreated the Queen thereunto, that shee would not get a kingdome with the bloud 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 receiued very lately, some had begged pardon of her, if they attempted any thing with­out her priuitie. That it was an easie matter to counterfeit the Characters and Cyphers, as a young man, who had boasted [Page 194] himselfe to be the bastard brother to her sonne, did very late­ly in France. That shee also feared lest this was contriued by Walsingham, who (as shee had heard it muttered) had plotted against the life of her and her Sonne. She protesteth that she neuer thought to hurt or kill the Queene, but that she had rather more willingly bestow her life, than that the Ca­tholikes should be afflicted so often, and lose their liues with such grieuous torments for her sake, and in hatred of her.

But, said the Treasurer, none who was an obedient sub­iect was put to death for Religion, but many were for Trea­son, maintaining the Popes authoritie and Bull against the Queene. But, said she, I haue heard otherwise, and I haue read it also in printed bookes. The writers of such bookes, replied he, wrote also that the Queene was depriued of her Royall dignitie.

Walsingham, who euen now perceiued himselfe nip­ped and touched, rose vp, and protesting that his minde was not possessed with any euill will, said, I call God to witnesse, that I, as a priuate man, haue done nothing not be­seeming an honest and vpright man, neither for the publike person which I beare haue done any thing which doth not belong vnto my place. I confesse that I haue beene carefull of the safetie of the Queene and the Realme, and haue curi­ously sought to finde the plots against her. If Ballard had offered me his seruice, I had not refused it, and had recom­penced him for his trauell and paine taken. If I haue plotted any thing with him, why did he not tell it out, that he might haue saued his life? She said that shee remained conten­ted with this answer: she requested him not to be angrie, for that shee so freely spoke what shee had heard, and that he would not beleeue 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 meanes beleeue that shee consented to hurt or kill the Queene. And then weeping amaine, said, I will [Page 195] neuer cast away my soule in conspiring to kill my most deare sister. The Lawyers made answer, that it would bee soundly proued by testimonies presently. These things were done before noone.

In the afternoone, for the more substantiall proofe thereof, the copie of the letters which Charles Paget wrote, was brought forth and shewed, and Curlus one of her Secretaries, witnessed, that shee receiued, of the conference betweene Mendoza and Ballard about the counsell of inuading England. She answered, This is nothing to the matter, neither doth it proue that I consented to hurt or kill the Queene. Moreouer, the Lawyers went forward, to proue that she was priuie of the conspira­cie, and also conspired to kill the Queene, out of the confession of Babington, and the letters betweene her and Babington; in the which hee had saluted and stiled her his high and mightie Ladie and Queene. And by the way they rehearsed, that there was a Counsell holden of assigning and conferring ouer the Kingdome of England vnto the King of Spaine. She acknowledged, that a Priest came to her, and said, if shee did not stop it, that both she and her sonne should bee excluded from their inheritance: but shee would not tell the name of the Priest. And moreouer, shee said, that the Spaniard challenged a right vnto the Kingdome of England, and would not giue place vnto any, but vnto her. Then they pressed her with the testimonies of Nauus and Curlus her Secretaries, out of the confession of Babing­ton, and the letters that past betweene Babington and her; and all the credit of their proofes depended vpon the testimonie of them, and yet they were not brought forth face to face. She did acknowledge Curlus to bee an honest man, but not a sufficient witnesse against her. That Nauus, sometimes Secretarie to the Cardinall of Lorraine, commended to her by the French King, [Page 196] might be easily induced either by bribes, or hope, or feare, to beare false witnesse, as one, who sundry times had made rash oathes, and had Curlus so tractable and at his becke, that hee would write whatsoeuer hee bade. And it may bee that they might put into the letters, such things which shee had not endired, and also that such letters came to their hands, which yet shee neuer saw. And broke out into such or the like words: The Maiestie and safetie of Princes will bee of small authoritie, and bee contemned, if they doe depend on the writings and testimonie of their Secretaries. I did endite vnto them nothing but that which nature hath taught mee; that I might recouer and get my libertie at last; neither am I to be conuinced, but out of mine owne words or writing. If they haue written any thing that may be hurt and dammage to my most deare sister, vnwitting to mee, let them bee pu­nished for their inconsiderate boldnesse. I certainly know if they were here present, they would in this cause acquite mee of this fault. And if I had my papers here, I could an­swer vnto these things in particular.

Amongst those things, the Treasurer obiected, that she had determined to send her sonne into Spaine, and to assigne ouer vnto the Spaniard, the right that shee chal­lenged in the Kingdome of England. Vnto whom shee answered, That she had no Realme that she could giue away, but yet it was lawfull to giue away her owne things at her will and pleasure. When the Alphabets of Cyphers con­ueyed vnto Babington, the Lord Lodouick, and to the Lord of Fernihurst, were obiected vnto her out of the testimonie of Curlus, shee denied not, but that she had set downe more, and among the rest, that for the Lord Lo­douick, at such time as shee commended him and another vnto the dignitie of a Cardinall, and as shee hoped without offence, forasmuch that it was no lesse lawfull for her to haue commerce of letters, and treat of her affaires, with men of [Page 197] her Religion, as it was for the Queene, with the professors of the other Religion: Then they pressed her thicker, with the agreeing testimonies of Nauus and Curlus, repea­ted againe, and shee also repeated her former answers; or else repulsed them with precise denials, protesting againe, that shee 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 Queene, and had giuen him an annuall pension, she replied, she knew that Morgan had lost for her cause all that he had, and therefore she was bound in honour to releeue him, and that shee was not bound to re­uenge an iniurie done by a well deseruing friend vnto the Queene, but yet that shee had terrified him from making any such attempts. But yet pensions, said shee, were giuen out of England vnto Patricke Grey, and to the Scots that were mine enemies, as likewise to my sonne. The Treasu­rer answered: At such time as the reuenues of the King­dome of Scotland were much diminished and impaired by the negligence of the Viceroyes, the Queene gaue some libera­litie vnto the King your sonne, her most neere allied Cousin. Afterward was shewed the contents of the Letters vnto Inglefield, and to the Lord Paget, and vnto Bernardino de Mendoza, concerning forraine aid. And when to those shee had made answer: These things touch not nor concerne the death of the Queene; & if so be that strangers desired and laboured to deliuer her, it was not to be obiected against her; and that she had sundry times signified vnto the Queene, that she would seeke for her libertie: The mat­ter was adiourned vnto the next day.

On the next day she repeated againe her former pro­testation, and requested that it might be recorded, and a copie thereof deliuered vnto her, lamenting that the most reasonable conditions which she had propounded often­times vnto the Queene, were alwaies reiected, yea when she [Page 198] promised to giue her sonne, and the sonne of the Duke of Guise for hostages, that the Queene, or the kingdome of Eng­land should take no harme by her. That she saw long ere now, that all waies of libertie were stopped, but now that shee is most basely vsed, to haue her honour and estimation called into question, before Petifoggers and Lawyers, who draw euery circumstance into consequences by their quiddities and trickes, since that anointed and consecrated Princes are not subiect, nor vnder the same lawes that priuate men are. Moreouer when they haue authoritie and commission giuen them of examining Things tending to the hurt of the Queens Person; yet notwithstanding the cause is so handled and letters wrested, that the Religion which she professeth, and the immunitie and maiestie of forraine Princes, and the priuate commerces betweene Princes, are called into questi­on, and she below her Royall dignitie is brought to the barre, as it were to be arraigned, and to no other purpose, but that she may be wholly excluded from the fauour of the Queene, and from her right in the Succession, when she appeared vo­luntarily to confute all obiections, lest shee might seeme to haue beene slacke in the defence of her honour and credit. Shee also called to their memorie, how ELIZABETH her selfe had beene drawne into question for the conspiracie of Wyat, when yet she was most innocent, Religiously affir­ming, that although she wished the good and welfare of Ca­tholikes, yet she would not haue it to be done by the death and bloud of any one. That she had rather play the part of Hester, than of Iudith, make intercession vnto God for the people, rather than to take away the life of the meanest of the people. And then appealing vnto the Maiestie of God, and vnto the Princes that were allied vnto her; and re­peating againe her protestation, she requested that there might be another assembly about this matter, and that shee might haue a Lawyer assigned vnto her, and that since she was a Prince, that they would giue credit to the [Page 199] word of a Prince; for it was extreme folly to stand vnto their iudgement, whom she most plainly saw to be armed with fore-iudgements against her.

Vnto these speeches the Treasurer said: Since that I beare 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 copie thereof shall be deliuered vnto you. Wee haue authoritie giuen vs vnder the Queenes owne hand, and the great Seale of England, from the which there is no ap­pellation: neither come we with a fore-iudgement, but to iudge according to the rule and square of Iustice. The Lawyers aime at no other thing, but that the truth may ap­peare how farre forth you haue offended against the Queens person. We haue ful power giuen vs to heare and examine the matter, yea in your absence; yet we desire to haue you pre­sent, lest we should seeme to diminish your honour or credit: neither haue we thought to object vnto you any thing, but that you haue done or attempted against the Queenes person. The letters are read for no other purpose, but to lay open the practise against the Queene, 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 sundrie places of them, are read, for as much as circumstances doe giue credit vnto the things of which you dealt with Babington.

Shee interrupting him, said, That the circumstances might be proued, but not the deed, that her integritie depen­ded not vpon the credit and memory of her Secretaries, though shee knew them honest: but yet if they haue confes­sed something out of feare of the racke, hope of reward, and of impunitie, it is not to be admitted and receiued out of iust causes, which shee may declare in another place; that the minds of men are carried away by sundrie kinds of affe­ctions, that they would neuer haue confessed such things, but [Page 200] either for gaine, or vpon some hope: that letters may be di­rected vnto others, than vnto whom they are written, and that many things which she had not dictated, had many times beene inserted: if her papers had not beene taken away, and that shee had a Secretarie, she could with more ease confute their obiections.

But nothing (said the Treasurer) shall be obiected, but from the nine and twentieth day of Iune, neither will the pa­pers doe any good, since the Secretaries and Babington him­selfe, without torture haue affirmed you to haue sent letters vnto Babington; which thing, although you deny, let the Commissioners iudge, whether more credit is to be giuen vn­to their affirmation or your deniall. But to come to the mat­ter. As a Counsellour I tell you this, you haue made many pro­positions about your libertie at sundrie times: that nothing came thereof, was long of you, or of the Scots, and not of our Queene, for the Noble-men of Scotland absolutely denied to deliuer the King for hostage. And when last of all there was a treatie for your deliuery, Parry was sent secretly by Morgan to kill the Queene. Ah (said shee) you are my pro­fessed enemie: Yea rather (replied he) I am an enemie to the enemies of Queene ELIZABETH: but enough of these things; Let vs therefore proceed vnto proofes: when shee denied to heare, Yet we will heare (said he) and I also (said she) in another place, and will defend my selfe.

Now were read againe the letters vnto Charles Paget, in which shee told him, there was no other way for the Spaniard to bring the Netherlands into subiection, than by placing a Prince in England who might doe him good: the letters vnto the Lord Paget to hasten aid and forces to inuade England: the letters of Cardinall Allan, in which he saluted her as his high and soueraigne Ladie, and signified that the businesse was commended vnto the care of the Prince of Parma. As these were in reading, she interrupted them, saying: That Babing­ton [Page 201] and her Secretaries accuse her to excuse themselues; that shee neuer heard of the six Ruffians; that the other things were not to the matter; that shee esteemed Allan to bee a reuerend Prelate; that shee did acknowledge no other head of the Church, than the Pope of Rome; that she was not ignorant in what regard and estimation shee was with him and with forraine Princes, nor could shee hinder it, if they in their letters called her Queene; that her Secreta­ries since they did against their office, faith, and fidelitie, confirmed by oath vnto her, deserued no credit; that there was no credit to be giuen to them that were once forsworne, though they swore againe by all the oathes of God; neither that they did thinke themselues tied with any oath whatso­euer in conscience, since that they haue sworne vnto her before that loyaltie and secrecie, neither for that they were not subiects of England: that Nauus had written often­times otherwise than she had dictated, and that Curlus had written all whatsoeuer Nauus had bidden, but that she would maintaine and vphold their faults in all things, but those that might blemish her honour. Perhaps also these fellowes did confesse to doe themselues a benefit, whilst they might thinke not to hurt her, with whom, as with a Queene, they thought mildnesse should be vsed; that shee heard no­thing of Ballard, but of one Hallard, who had offered his seruice, which yet she had refused, for that shee had heard that the same man had beene belonging to Walsingham.

Afterward, when the notes out of the letters vnto Mendoza, which Curlus had acknowledged that hee wrote out in a priuate character, were read before her, and she was vrged out of them, as if shee had compas­sed to transfer the right in the Kingdome vnto the Spa­niard, and that Allan and Parsons staied now at Rome for that purpose and intent: Shee complaining that her ser­uants had broken their fidelitie confirmed by oath, an­swered: When I being in prison, and languished with care, [Page 202]A without hope of libertie, and there was not any more hope left of euer bringing to passe those things, which very ma­ny expected of me in my sicknesse and declining age. Many thought it sit that the Succession of the Realme of England should be established in the Spaniard, or in a Catholike English-man: and a booke was brought to proue 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 resolued not to reiect forraine helpe.

The Sollicitor admonished the Commissioners se­cretly what might become of them, their Honours, goods, and posteritie, if the Kingdome should be so transferred: but the Treasurer shewed them that the Kingdome of England could not be transferred, but to descend by the right of succession according to the Lawes.

Shee requested that shee might be heard in a full and open Parlament, or that shee her selfe might speake to the Queene (whom she hoped would haue respect vnto a Queene) and the Counsellors. And then rising from her seat with a cheerefull countenance, she spoke a few words aside with the Treasurer, Hatton, Walsingham, and the Earle of Warwicke. These things being done, the Assembly or meeting was adiourned vnto the fiue and twentieth day of October, in the Starre-chamber at Westminster. Thus much of this matter out of the Com­mentaries of Edward Barker, principall Register to the Queenes Maiestie, and of Thomas Wheeler, a Notarie publike, Register of the Audience of Canterburie, and of other credible persons that were present. And in this manner the Queene thought good to haue her tried, al­though the Lawyers, who are so curious in the exami­ning of words, and following of formes, rather than in the expounding of the Lawes themselues, that accor­ding to their forme of law, she was to be called to triall [Page 203] in the Countie of Stafford, and to be brought to hold vp her hand at the barre publikely before the Bench, and to be tried by twelue men, saying this indeed was a sweet and goodly forme of iudgment against a Prince. But to auoid and put away such absurdities, shee thought it better to referre so great a cause vnto the No­blemen of the Land, and Realme, and to the Iudges; and this scarce sufficeth, when as (said shee) all mens eies are cast vpon vs Princes, as being set aloft, as on a high scaffold, so that in vs euen the least blemish or spot is seene afarre off, so that we are carefully to pro­uide that we doe nothing vnworthy of our selues.

But to returne where I left: At that day met all the Commissioners (but the Earles of Shrewsbury and War­wicke, who were then sicke) and after that Nauus and Curlus had affirmed and confirmed before them, that euery and singular the letters and copies of letters, which were produced before, to bee most true vp­on their oathes, viua voce, voluntarily without hope or reward; the sentence against the Queene of Scotland was pronounced and confirmed with the seales and subscriptions of the Commissioners; and recorded in these words: By their assent, consent and accord, they doe pronounce, giue, and say their Sentence and Iudgement, 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 Iune, in the 27. yeere aforesaid, and before the date of thesaid Commissi­on, diuers things were imagined and compassed within this Realme of England, by Anthony Babington and o­thers, with the priuitie of the said MARIE, pretending title vnto the Crowne of this Realme of England, tending to the hurt, death and destruction of the Royall person of our said Ladie, the Queene. And to wit, that after the aforesaid first day of Iune, in the seuen and twentieth yeere aboue­said, [Page 204] and before the date of the aforesaid Commission, the said MARIE pretending title vnto the Crowne of this Realme of England, compassed and imagined within this Realme of England diuers things tending to the hurt, death and destruction of the Royall person of our Lady the Queen, against the forme 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. yeere of Queene ELIZABETH her selfe, was very much speech and different amongst men, some iudging them vnworthy of credit, and others againe thought them worthy to be beleeued. I haue seene the Apologie of Nauus written vnto King Iames, in the yeere 1605. in the which hee doth laboriously excuse himselfe, in protesting that hee was neither the Author, nor perswader, nor first discouerer of that plot or deuice, neither that hee failed at all in his dutie through negligence or incircumspection, but rather that he stoutly did impugne the heads of the accusati­ons against his Ladie this day. Which thing yet doth not appeare by the publike records. But the same day it was declared by the Commissioners, and by the Iudges of the Realme, That that Sentence did derogate nothing from IAMES 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 beene giuen at all.

In a short time after there was a Parlament holden at Westminster, in the which the Estates of the Kingdome who had approued and confirmed by their voices the sentence pronounced against the Queene of Scotland, by one consent and accord deliuered by the Chancel­lor vnto the Queene a supplication, in which they most earnestly besought her, that for the conseruation of the true Religon, the tranquillitie of the Realme, safetie [Page 205] of the Queene, the good estate of them and of their posteritie, the sentence giuen against MARY Queene of Scotland according to the Law might be published. They fetcht their reasons from the dangers hanging ouer the heads of their Religion, her Royall Person, and Realme, by her who nursed vp in the Religion of the Papists, and sworne one of the Holy League to root out the Religion of the Protestants, had challen­ged long the Realme as due to her, and had thought it a most iust thing to oppugne a woman excommuni­cate, and meritorious to depriue her of her life. She had subucrted and ouerthrowne the flourishing fami­lies of the Realme, and laid fewell vnto all plots con­triued and tumults in England. To spareher, was no other thing but to vndoe the people, who will take it in euill part if she be suffered to escape without punish­ment, and will not beleeue themselues freed from the oath of the Association, except she were put to death. Lastly, they called to her remembrance what fearefull examples of Gods punishment there were against King Saul for that he killed not Agag; and vpon Achab, for that he killed not Benadad. Thus said the States of Par­lament.

The Queene with a maiesticall countenance and voice answered vnto this effect: ‘The benefits of Almightie God are so great and so many toward me, that I doe not only acknowledge them most hum­bly, but doe admire them as miracles, forasmuch as I cannot expresse them in words. Although there be no mortall man more beholding to the Maiestie of God than I my selfe, so oft times deliuered 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 receiued and tooke vpon me the gouernment of the Realme with [Page 206] the full consent and good will of all, so I see per­fectly the same, if not your greater loue and good will toward me, after that XXVIII. yeeres be ex­pired: and if I should faile therein now, and that it did not continue still, I might perchance be percei­ued to breathe, but surely not to liue. But now al­though attempts be made against my life, neuerthe­lesse nothing troubleth me more, than that she who is of the same sex, of the same stocke and linage, and also of my bloud and kindred, hath beene accessarie to the same. And I am so farre off from being ma­licious toward her, as that when some plots against me came to light, I wrote vnto her, that if she would confesse them in her priuate letters vnto me, they should be wrapped vp in silence. Neither did I write thus with this minde, to ensnare her, for that whatsoeuer she could confesse, was knowne to me. Yet neuerthelesse though things are come to this passe that they are, if she would truly repent, and that none would vndertake her cause against mee, and that hereupon my life only, and not the safetie of all the people did depend (I would not haue you thinke I faine) I would truly most willingly forgiue her: yea if England by my death might flourish more, and haue a better Prince, I would most rea­dily lay downe my life; for I doe desire not to liue, but for the good of the people, and not of my selfe. Neither is there any cause, hauing liued in that man­ner as I haue, why I should desire to liue, or feare to die. I am not ignorant of all kinde of lifes, for I haue obeyed, and I haue gouerned; I haue had good neighbours, and also euill; I haue found treacherie where I trusted: I haue euill bestowed benefits, and I haue beene euill reported of when I haue done well. When I call these things past to minde, see and be­hold [Page 207] the things present, and expect future things, I thinke them most happie who die soone: against such euils as these I put on a manly minde, that what­soeuer befall vnto me, death may not take and finde me vnprouided.’

‘As concerning these treasons, I will not so preiu­dicate my selfe, or the lawes of my Kingdome, that I doe not thinke but that she the author and contri­uer of this treason, is a subiect, and liable by the an­cient lawes, although this new law had neuer beene made; the which neuerthelesse was not enacted di­rectly to entrap her, as many folkes that fauour her doe suspect and imagine. It was so farre off from be­ing made to ensnare her, that it was rather done to premonish and deterre 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 lawes themselues, that by your formes she was (as is said before) within the Coun­tie of Stafford in person to be arraigned, standing at the barre, and holding vp her hand, and to be tried by the verdict of twelue men. Assuredly it were a goodly forme of iudgement vpon a Prince. To auoid such like absurdities, I thought it most fit to referre so great a cause to be examined by the Nobi­litie and Iudges; and this is scarce sufficient, for that the eyes of all men are fixed on vs that are Princes, standing aloft (as it were) on a Theater or Stage, and in vs the least blemish is seene, be it neuer so farre off: so that we are very carefully to prouide and be­ware that we commit and doe nothing vnworthy of our selues. But you by this new law haue brought [Page 208] me into a very great strait, that I should set downe the determination for the punishment of her, who is a Princesse most neere to me in bloud, and whose at­tempts and plots haue so grieued my heart, that not to increase it by hearing the same rehearsed, I wil­lingly ablented my selfe from this assembly of Parla­ment, and not for feare of some lying in wait to kill me, as some imagine: yet I will vtter this secret (though I be no blabbe) I saw with these eies, and read the oath wherein some haue bound themselues to kill me within a mon [...]th space. From hence I fore­see your danger, and I will take a great care to refell the same.’

‘Your Association for my safetie I haue not forgot­ten, yet I neuer so much as thought of such a thing before the same was shewed mee vnder their hands and seales. The same hath tied me vnto you in strong bonds of good will for your loue vnto mee, who seeke for no other solace and comforts than from the loue of you, and of the Common-wealth. But for as much as the matter which is now treated of, is seldome seene, and for that there be few examples thereof, and is a matter of very great moment, I in­treat you not to expect that I should make an answer and set down my certaine determination, for it is my vse and custome euen in smaller matters, to be ad­uised a good space in things which are but once to be determined. I will desire earnestly Almightie God to powre the shining beams of his light into my minde, that I may perfectly see and b [...]hold what may bee best for the good and profi [...] of the Church, the Com­mon-wealth, and your safe [...]ie. Yet lest delay may bring danger, I will in conuenient time signifie vnto you what my minde is.’

And so the twelfth day after, when shee had consi­dered [Page 209] more aduisedly on the matter, shee, as it were, in her doubtfull minde distracted, and not able to re­solue what to doe, requested them (sending the Chan­cellor vnto the Nobilitie, and Puckering vnto them of the Lower house) more diligently to aduise and consult of so weightie a matter againe, and to deuise some more wholesome remedie, whereby the life of the Queene of Scotland might be spared, and her securitie procured.

When they had deliberated and consulted much, and a long time, and had iudged both the good and the euill of the Prince to concerne all men, they fall againe to the same opinion with one voice, and for these causes: For that the Queene could not be in safetie, as long as the Queene of Scotland liued, except shee repented seriously, and ac­knowledged her crimes, or else was tied and kept in a straiter prison, and with deeds of writing vnder her hand, or by oath, or should giue hostages, or depart out of the Realme. They hoped for no repentance in her, since that she had euill requited the Queene, who had giuen her life vnto her, and had not yet acknowledged her crimes. They held and ac­counted straiter custodie, writings vnder her hand, oath and hostages as nothing, for as much as these things vanished in smoake, presently as soone as the Queene was dead or made away; but if shee departed out of the Realme, they feared shee would forthwith aduance her Standards to inuade the Kingdome. When the Chancellor, and Puckering, Spea­ker of the Lower house, had declared these things at large, vrging to haue the sentence put in execution, For as much as it was iniustice to deny the execution of law, if it were to any one of her subiects that desired it, much more to all the Englishmen efflagitating it so much with one voice and one heart. Vnto whom the Queene made a Speech in this manner.

‘That iourney is very grieuous by the which both whilest it is going, and when it is ended, nothing is [Page 210] gotten but trouble and vexation. I am very much troubled and vexed this very day, as much as at any time, whether I should speake or hold my tongue: If I shall speake and not complaine, surely I shall fai [...]e; If I hold my tongue, your labour is lost; but if I com­plaine, it may seeme strange: yet I confesse, I haue much wished that for your securitie, and withall for my safetie, some other way might haue beene deui­sed, than that which is now propounded. So that I cannot but complaine before you, though not of you, since that I vnderstand by your petitions, that my safetie dependeth wholly on the death of an­other. If any thinke that I haue prolonged the time, to procure vaingloriously the commendation of cle­mencie, they do [...] me much wrong, which thing God who searcheth the secrets of al mens hearts, knoweth best. It th [...]re be any that thinke that the Commis­sioners durst not pronounce any other sentence, lest they should seeme to displease me, or to haue beene carelesse of my safetie, they wrong me exceedingly; for either my seruants failed in doing their dutie, or else they signified on my behalfe vnto the Commis­sioners that my wil was, and that I commanded that euery one should doe freely according as they thought in their minds, and that they should priuat­ly impart vnto mee those things which they would not vtter publikely. It was out of my abundant good will toward her, to desire to haue another course or meanes deuised for this mischiefe. But now since it is most certaine, that I and my safetie are in a deplorable estate, except shee be rid and made away, I am sorrie at my heart, that I who haue pardoned and giuen life to so many Rebels, and haue neglected so many Treasons, by conniuing or holding my peace, may seeme now at the length to vse crueltie [Page 211] and [...]eucritie toward so great a Prince. Since the time I came vnto the Crowne, I haue seene many Li­bels scattered abroad against me, as against a Tyrant: God send the writers of them good lucke. I beleeue that they would say some new things, and truly it seemeth strange to mee, to be noted for a Tyrant, I wish it were as strange to heare of their impietie.’

‘What will not they publish in their writings, when they shall heare that I haue consented, that the hang­man shall [...]mbrue his hands in the bloud of my next Cousin? I am so farre from crueltie, that to conserue my life, I would not vse any violence against her, neither haue I beene so carefull to lengthen out mine owne life, as I haue laboured to conserue the life of vs both, and I am immeasurably sorrie that now it cannot be done. I am not so void of wit, but that I see the dangers that be neere me, nor of that peeuish folly [...] whet and sharpen the sword wherewith to haue my throat cut, nor of that carelesse sloth, that I will not stirre to saue mine owne life. But I ima­gine this thing with my selfe, that there be many who will put their liues in danger to saue the life of their Prince, of whose number yet I doe not professe my selfe to be. These things I haue considered in my minde. But since that many haue written and spoken bitterly against mee, let it be lawfull for me to make an Apologie for my selfe, that you may see for the safe [...]y of what woman you haue taken so much pain. As I doe make a thankfull remembrance of your vi­gilancie and watchfulnesse; so I cannot, nor shall not giue you equall thankes, if I had as many liues left as euery one of you haue.’

‘Assoone as I tooke the Crowne on me, not for­getting God the giuer thereof, I began my Reigne with his worship and Religion, in the which I was [Page 212] brought vp, and in which, as I hope, I shall die: though I be not ignorant what dangers enuironed me at home for the alteration of Religion, and what potent Kings of the other profession abroad, shewed themselues my enemies; yet neuerthelesse I was not moued: for I knew that God, whom I chiefly respe­cted, would defend mee and my cause. Vpon this proceeded and grew so many plots and conspiracies against mee, that I might haue wondered how I should escape, if God had not holpen me beyond my hope. Then that I might make greater progresse in the art of Gouernment, I studied much and long what things were the fit parts for a King, and I found out by search, that it was very necessarie that they should bee furnished with those Cardinall vertues,Iustice, Temperance, Prudence, and Fortitude.’

‘My sex doth not permit me to arrogate vnto my selfe these two latter, which belong properly vnto men, but of the former and the milder vertues (as I may call them) I dare say this without vanterie, I haue kept the highest and lowest in awe alike, I haue raised no man whom I haue not thought worthy, I haue not beene credulous of beleefe in hearing tales. I haue not corrupted Iudgement with a fore-iudge­ment, without hearing the cause; yet I cannot say, but that many things may be told me as truth,, vpon the too much partialitie of the parties, For a good and warie Prince is often sold, for that he cannot heare all things himselfe. But this I can auerre and auow for truth, According to my capacitie, I haue alwaies made Iudgement subiect vnto Truth. As there was one who admonished his friend to make no answer vnto a question, before he recited the Alphabet; so I did neuer determine any thing rashly and in haste.’

‘Therefore, as concerning your consultations and [Page 213] aduices, I acknowledge them to be studied, prouident and wholesome for my better conseruation, and to grow and proceed from your hearts, both sincere and most deuoted vnto mee, so that it is my part to striue with all my power, not to seeme, or to be in­grate vnto them that deserue 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 approue your iudgement, I con­ceiue your reasons, yet I pray you excuse the doubt­ful care of studying and considering in this businesse which tormenteth me. Take in good part my most thankfull minde vnto you, and also this answer, if you thinke it an answer. If I shall say that I will not doe that which you request, perhaps I shall say that which I doe not think; but if I shall say I will doe it, I shall precipitate my selfe, whom you wish to be con­serued, into vtter destruction: which thing I assured­ly know in your wisdome you would not, if you consider thorowly the places, the times, and the manners of men. After these things done, the As­sembly of the Estates of Parlament was prorogued.’

About the same time the Lord Buckhurst and Beale are sent to the Queene of Scotland to signifie the sen­tence giuen against her, and that the same as most iust was approued and confirmed by the authoritie of Par­lament, and that the States did very much vrge the same in reason of Iustice, Securitie, and Necessitie; and therefore should perswade her that acknowledging her sinnes against God and the Queene, she might by this repentance before her death, purge and cleanse her from her sinnes; insinuating, that as long as she liued the Religion receiued in England could not stand firme. Hereupon she with an vnwonted alacritie and cheere­fulnesse seemed to triumph, giuing thankes to God, [Page 214] and reioycing to her selfe, that she was accounted an instrument for the re-establishment of Religion in this Island: And vehemently besought them that shee might haue a Catholike Priest to direct her conscience and administer the Sacraments: and vtterly reiected the Bishop and Deane, whom they commended as fit men for that purpose, and gaue the English nation a bitter taunt, in saying oftentimes, that the Englishmen had vsed crueltie toward their Kings in killing them now and then, so that now it was not strange if also they exerci­sed tyrannie on me borne and come also of their bloud.

L'aubespineus the French Embassador stopped and staied a little the publication of the iudgement; but some Courtiers diligently labouring in it, in the moneth of December it was publikely proclaimed thorow the Citie of London, the Maior, the Aldermen, and princi­pall Citizens being present, and afterward thorow all the Realme. In the preface the Queene did in earnest manner protest that this Proclamation was wrung out and extorted from her, not without great anxietie of minde, by great necessitie, and the most vehement ob­testations of the Estates of the Realme, though there were some who thought this to be spoken by a wo­mans policie, who desire to seeme alwayes to doe that which they doe by coaction, though they desire it ne­uer so much.

The diuulging of this direfull and dolefull Procla­mation being told vnto the Queene of Scotland, shee was so farre off from being deiected, that rather with a resolued and staied countenance she gaue thankes vnto God, with lifting vp her hands vnto heauen. And al­though Powlet her Keeper depriued her of all dignitie and respect, and she was no more accounted of but as a meane woman of the basest ranke, yet she endured it with a most quiet minde. But hauing gotten leaue of [Page 215] him with too much adoe, by letters vnto Queene ELI­ZABETH dated the nineteenth day of December, she declareth her selfe free from all malice and hatefull minde against her, giueth thankes vnto God for that sentence of death, who would haue the end of her sorrowfull life to come. She intreateth her that she may be obliged and be­holden vnto her only, and not vnto others, for these bene­fits that follow, since that she could expect and looke for no good from the hot-minded Puritans, who carried all away in England. First, that when her enemies were glutted and satisfied with the shedding of her innocent bloud, that her body may be carried by her seruants to be buried in some hallowed ground, especially into France, where her mother resteth in peace; since that violence hath beene offered vnto the ashes of her forefathers and ancestors in Scot­land, and the Churches either pulled downe or prophaned; neither could she hope for a buriall with Catholike rites in England, amongst the ancient Kings the ancestors to both of them: so that at last her body may rest, which conioyned to her soule did neuer rest nor had quiet. The second was (forasmuch as she feared the secret villanie of many men) that she might not be put to death secretly, without the knowledge of Queene ELIZABETH, but in the pre­sence of her seruants and others, who might beare true wit­nesse of her faith toward Christ, her obedience to the Church, and the end of her life, against the false rumours which her aduersaries might spreade and deuise. The third was, that her seruants might freely and peaceably depart, and might goe whither they would, and enioy the legacies she had bequeathed vnto them in her Testament. These things she requested very earnestly in the name of Iesus Christ, by the soule and memorie of HENRY the seuenth, progeni­tor to them both, by the royall honour that she had borne. Then she complained, that all royall furniture was vio­lently taken away by the commandement of some of her [Page 216] Counsellors, and forebodeth that their malice would breake out vnto greater matters. And addeth, if they had shewen the letters and papers taken away without fraud and sin­cerely, that it would haue plainly appeared, that there was no other cause of her death, than the too scrupulous care of some men of the securitie of Queene ELIZABETH. Lastly, she earnestly desired her to write a few words with her owne hand concerning these matters. But whether these letters came euer to the hands of Queene ELIZA­BETH, I cannot say.

But sundry men talked in sundry manners according to their sundry wits, of this matter; not to speake of the Clergie men of both sides, who are for the most part vehement in their opinions.

There were some plaine and indifferent weighers of matters, who thought they dealt very rigorously with her, for that she was a free and absolute Princesse, aboue whom none had any authoritie but God alone, for that she was so very neere of kinne vnto Queene ELIZA­BETH, who also had promised very liberally in the word of a Prince, vnto her driuen out of her Realme, as soone as she was arriued in England, by Henry Mid­dlemore, all humanitie, courtesie, and rights of hospita­litie; and yet on the other side had deteined her in pri­son, and had violated the sacred bonds of friendly fa­miliaritie. That she could be in no other estate than of one taken in the warre, and that all the meanes of get­ting safetie and libertie is lawfull to them that be taken in the warre. That she could not offend in the case of treason, in that she was no subiect, and the like hath no power ouer the like; and that thereupon the iudgement of the Emperour against Robert King of Sicilie was void and of none effect, for that he was not subiect vn­to the Empire. That the Embassadors of Princes, if they shall conspire against the King vnto whom they [Page 217] are sent Embassadours, are not touched as Traytors, much lesse the Princes themselues. And that the Affect is not to be punished, except the Effect follow. And it was neuer heard that a Prince was put to death by the hand of an executioner. Moreouer, that shee was con­demned against the Law of God, the Ciuill Law of the Romans, and the Lawes of England; yea, against the first Statute of the Parlament in the XIII. yeere of Queene ELIZABETH her selfe, in the which it was enacted, that none should be arraigned for conspiring against the Queenes life, but by the testimonie and oath of two lawfull witnesses, to be brought forth face to face against the partie arraigned: and in this iudgement no witnesse was pro­duced, but shee was oppressed and cast by the testimo­nie of her Secretaries, who were absent. Men also dispu­ted of both parts of the credit of seruants, men in pri­son, and the testimonie of them of ones houshold. And that word of the Emperour Hadrian was commended, Credit is to be giuen vnto witnesses, and not vnto testimonies. These men also to themselues, or their assured friends, complained, that busie fellowes were suborned, who by dissimulation, counterfeit letters, and contriued de­uices, had cunningly deceiued a woman easie to bee wronged, and greedie of libertie, sp [...]ed out and preuen­ted her purposes, and had drawne her into the worser, which she had neuer thought on, if she h [...]d beene kept with fitting care, and such like secret and craftie plot­ters sent on purpose: That it is an ordinarie thing for Courtiers in all ages, to vrge and driue them that be ha­ted, euen against their will, into the crime of Treason, and craftily to breed trouble vnto vnwarie Innocence that is once impr [...]soned.

There were others who thought shee was not a free and absolute, but only a Titularie Queene, because shee had made a Session, and passed away her Kingdome to [Page 218] her sonne, and had submitted herselfe vnto the prote­ction of the Queene of England, when shee came first into England, and as by well doing she had and enioyed the benefit of the Lawes; so in doing euill, shee might be subiect vnto the equitie of the same lawes, according vnto that saying of the Lawyers, Hee that offendeth a­gainst the Law, deserueth not the benefit of the Law. O­therwise, the condition of a Forraine Prince, offending in the Realme of another Prince, should be better than the condition of a King reigning well. They also thought her to be a Subiect, although not Originary, yet Temporary, for that two absolute Kings (as concerning Royall authoritie) cannot be at one time in one King­dome. That this is a receiued and ruled opinion of the Lavvyers, The King out of his Territorie (except it be in a voyage of warre) is a priuate man, and therefore can neither bestow nor exercise any Regalities. Moreouer, that she hath lost by her fault absolute Gouernment, and that subiects euen in their habitation or house may com­mit treason. And as for kindred, there is no Alliance neerer vnto any one, than their Countrey, that is to be vnto vs another God, and our prime and dearest Pa­rent. And as for the promises of humanitie and cour­teous entertainment promised, that they be not priui­leges to commit wicked facts afterwards without punishment. That promises are to be vnderstood, Things remaining in the same state, and not changed. He that hath committed a fault, deserueth not to enioy the securitie 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 doe neuer binde their owne hands, and that all are bound and obliged more strong­ly vnto their Countrey, than to their owne promise.

And if shee were to be dealt withall, as with one ta­ken in the war, they obiected, I know not out of what [Page 219] Author, Those captiues are only to be spared, from whom we doe not feare any vexation or trouble and not any others. That the equall hath power vpon the equall, as often as he doth submit himselfe vnto the iudgement of his equall, either expressedly in words, or couertly in con­tractation, or in offending within the iurisdiction of his equall. That the Pope did adnull and abrogate the sentence of the Emperour against Robert King of Siailia, for that the fact was not committed in the Ter­ritorie of the Emperour, but in the Dominion of the Pope. That Ambassadors, because of the necessitie of Ambassades, are fauoured and allowed to be inuiolate 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 conceale the plot, is accounted treason. That many Kings haue beene condemned and put to death, name­ly, Rhescuporis King of Thraçia, by Tyberius, Licinius and Maximianus, by Constantine the Great, Bernard King of Italy, Conradinus King of Sicily, &c. Moreouer, which may stand in stead of all, That the safetie of the people is the chiefest law, and that no law is more sa­cred than the safetie and welfare of the Common-wealth. That God himselfe hath enacted this law, that all things that were for the good, profit, and benefit of the Common-wealth, should be accounted lawfull and iust. Moreouer, that Secretaries were not to be recko­ned amongst bond-men, and that the testimonie of ones houshold is to bee receiued about those things which were done secretly at home. But it was argued more narrowly, whether accusers voluntarily sworne, and accessarie in criminall matters, are to be produced face to face, to defend and proue their accusation. Last­ly, it was granted that there is no great example extant, [Page 220] which hath not some iniquity therein. These and such like were debated and argued to and fro▪ in euery mans mouth.

In the meane time the King of Scotland, so great was his pietie vnto his mother, laboured all that possibly he could by William Keith, neither did he omit any thing fit for a good and pious sonne, and a most prudent King, but with no successe at all, forasmuch as the Scots were torne in pieces with factions amongst themselues, and more fauoured Queene ELIZABETH, than the captiue Queene, in so much that many of them did pri­uily solicite Queene ELIZABETH by their letters, to hasten her punishment; and the Scottish Ministers be­ing commanded by the King, to commend the safetie of his mother, vnto God, in their prayers, in all their Churches; such was the hatred vnto the Religion shee professed, that they obstinatly refused so to do: yet he, as he had before, with often messengers, and almost con­tinuall letters, made request vnto the Queene. Now he plied her exceedingly, with more often and most vehe­ment messages and letters: In which hee complained, That it was most vniust and vnfit for the Nobilitie, Coun­sellors, and Subiects of England, to giue sentence vpon a Queene of Scotland, and shee borne of the Royall bloud of England, and a thing no lesse vniust, euen but to thinke that the Parlamentarie Estates of England, by their authority, had power to exclude the true and certaine Heires of their right of succession and lawfull inheritance (which many men now and then threatned to feare him.)

He sent also Patrike Gray, and Robert Meluin, who sig­nified to the Queene, That he, for the great loue and fami­liaritie between them, cannot beleeue, but she would conserue her famous renowne, she had acquired in euery place by her vertues, but especially by her clemency, vnspotted without all staine of crueltie, and would not by any means defile and pol­lute [Page 221] the same with the bloud of his mother, who was of the same Royall condition, of the same bloud, and of the same sex, and the which he (for as much as the bloud of the mother did possesse in him a great reuerence) could not leaue vnto the tyrannie of them, who for a long time since haue thirsted for the destruction of him, as well as for his mothers destru­ction now.

In other letters, after he had at large discoursed, how he was grieued and tormented in minde, and distracted, concerning so great a matter that touched and bound him, both in respect of nature and honour, and into what danger and losse of credit he was cast, if any vio­lence was vsed vnto his mother, he out of his inward griefe and filiall affection propounded vnto Queene ELIZABETH, whereupon shee might studie atten­tiuely. How much it concerneth his Honour, who is both a King and her Sonne, if his most deare mother, and the same also an absolute Prince, should be put to an infamous death by her, who is most neerely ioyned by the bands of bloud and league. Whether by the law of God any thing may be done iustly by forme of law vnto them, whom Almightie God hath appointed the soueraigne Ministers of Iustice, 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 subiect an absolute Prince vnto the iudgement of Subiects; yea how monstrous a thing it were, that an absolute Prince should giue first this pernicious example, to prophane their owne and other Princes Diadems? Moreouer, what should vrge her vnto this seueritie, Honour, or Profit? If Ho­nour, she might acquire more honour by sparing her, for so with the eternall praise of clemencie, shee might binde him and all the Princes of Christendome with a benefit, whom otherwise shee could not but alienate with losse of her good report, and marke of crueltie. But if Vtilitie moued her, [Page 220] [...] [Page 221] [...] [Page 222] she was to consider whether any thing can be profitable, but that which is iust and honest. And ended beseeching her, that his Ambassadors might bring backe such an answer, that may be most worthy of a most pitifull Queene, and not vn­worthy of the King and her most louing Cousin. But when as the Ambassadors out of season mingled threats a­mongst their requests, they were lesse acceptable, and sent away within few daies with very small hope.

Pomponius Bellieurus, who was sent by the French King for the same cause, when he was come vnto the Queene, hauing in his company L'aubespineus of Castro Nouo, the ordinary Ambassador, and had in few words signified, how the French King was distracted on this side, for his singular loue toward her, and on that side, for the strait familiaritie and affinitie betweene him and the Queene 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 Queene, and free and absolute Prin­cesse be not put to death.

The safetie of the Queene may be more endangered by the death, than by the life of MARY: that she being deliuered out of prison, can attempt nothing against the Queene, for that shee was sickly, and could not liue long.

That shee challenged and claimed the Kingdome of England, was not to be laid to her charge as a fault, but was to be ascribed to the tendernesse of her age, and her naughtie counsellors.

That she came into England to intreat helpe and fauour, and therefore the lesse iustly detained, and that now at length she was to be let loose vpon some ransome agreed vpon, or else to haue mercy vsed to her. Moreouer, that an absolute Prince is not to be called in question of his life, in so much that Ci­cero said, It is so vnusuall for a King to be arraigned, that it is a thing neuer heard before this time.

[Page 223] If she be innocent, then shee is not to be put to death; if faultie, to be spared, for this would proue more to her honour and vtilitie, and it should be the eternall example of the cle­mencie of England. To this intent the historie of Porsen­na was rehearsed, who pulled the hand of Mutius Sceuola, 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 bloud, that bloud calleth for bloud, that it cannot be otherwise thought but to be cruell and bloudie to vse tyrannie toward her.

That the French King will do all his labour, and vse all di­ligence, that the attempts and endeuours of all that plot any thing against the Queene, may be repressed and stopped: And that the Guises, the kinsmen of the Queene of Scotland, would sweare the same, and confirme it with their hands and seales, who, if shee be put to death, will take it in very euill part, and perhaps will not suffer it to be vnreuenged.

Lastly, they requested that she should not be vsed accor­ding to that rigorous and extraordinarie iudgement, if not, that the French King could not but take it in very euill part, and be much offended, howsoeuer all other Princes may take it.

Vnto these writings answer was made in the margin vnto euery article thus:

That the Queene of England doth hope that the most Christian King of France will haue no lesse regard and re­spect vnto her, than vnto the Scottish Queene, who plotted to kill an innoccnt Prince, her next cousin, and the Kings confederate. And that it is behouefull vnto Kings and Com­mon-wealths, that mischieuous actions (specially against Princes) be not left vnpunished.

That the English-men, who acknowledge only Queene ELIZABETH to be Supreme Gouernour in England, cannot at once acknowledge two Soueraignes, free and abso­lute Princesses in England: neither that any other whom­soeuer, [Page 224] whilest she liued, was to be taken as equall with her. Neither could they see how the Scottish Queene and her sonne that now reigneth, can be accounted at one time soue­raigne and absolute Princes.

Whether that the Queenes safetie may be exposed vnto greater dangers, if she be put to death, dependeth vpon con­tingencie and vncertaintie hereafter; that the Estates of England, who haue studied seriously on this point, thinke otherwise, to wit, that there will neuer want occasions of plo [...]ting mischiefes during her life, especially for that mat­ters are now come to that passe, that there is no hope left for the other, except the other be extinguished or taken away; and this sentence may come often to minde, Either I her, or shee 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 shee would not hitherto renounce and giue ouer the right shee claimeth and challengeth vnto the Realme of England, and that for that cause she hath beene most right­fully detained in prison, and is still to be detained (although shee came for succour and helpe into England) vntill shee haue renounced and giuen ouer the same: And that she ought to sustaine punishment for the faults she hath committed in prison, for what cause soeuer she was put into prison.

That the Queene also hath pardoned her most mercifully, when shee was condemned by the consent of all the Estates for the Rebellion raised in the North, to make the mariage betweene her and the Duke of Norfolke, and to spare her againe were a fond and cruell kinde of mercie. 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 dignitie, honour, or priuilege. And that the same is euident as well by the lawes of England, as also by the examples of Licinius, Robert King of Sicilie, [Page 225] Bernard King of Italy, Conradinus, of Elizabeth Queen of Hungarie, of Ioan Queene of Naples, and of Deiota­rus, for whom Cicero pleading, said it was not vniust for the King to be arraigned, though it were vnusuall. For the words goe thus; Quod primùm dico de capite fortu­nisque Regis: Quod ipsum etsi non iniquum est, in tuo duntaxat periculo, tamen est ita inusitatum, &c.

That she who hath beene found guiltie by a lawfull iudge­ment, is to be put vnto execution, forasmuch as that which is iust is honest, and that which is honest, is also profitable.

That the History of Porsenna did not agree vnto this matter proposed, except one should thinke that there is a long traine of them who seeke to hurt the Queene, and could per­swade her to dismisse her without any hurt, out of feare, and some little respect of honour, but no regard of her owne safety: as Porsenna sent Mutius away, when he had auowed that there were other three hundred who had conspired to kill him. Moreouer, that Mutius ventured vpon Porsenna in a war proclaimed, and by the sending of Mutius away, he per­swaded and assured himselfe, that he had escaped all danger.

Bloud is to be spared, that is, the innocent. God com­manded this: It is true, that the voice of bloud crieth for bloud, and that France, before the massacre of Paris, and afterward, can witnesse this.

That a punishment iustly inflicted, cannot be thought to be bloudie, no more than a medicine, prepared and made as it ought, fitly for the sicknesse, can be accounted violent.

Howsoeuer the Guises, cousins vnto the Scottish Queene, take it, the Queene hath more occasion, and it concernes her more, to respect and regard rather the safetie and good of her Nobilitie and people, of whose loue shee wholly dependeth, than the displeasure of any other whosoeuer, and that mat­ters were now come vnto that passe, that that old prouerbe of the two Princes, Conradino the Sicilian, and Charles of Anjou, may be vsed and truly said of the two Queenes, [Page 226] 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 giue assurance of securitie vnto the Queene and the Realme, much lesse make amends for her death, if she be made away.

That the French King cannot finde out the secret plots contriued against him at home, much lesse against the Queen of England. For that treason is closely handled, and there­fore ineuitable and vnauoidable. If the wicked fact be once done, what will it doe good to challenge their promise? How may the losse for the death of an incomparable Prince be re­paired or recompenced, and what remedie may be found for the Republike giuing vp the ghost with her, in a most la­mentable confusion of all things?

The hand-writings of the Guises, who thinke it a meri­torious act to dispatch them who are enemies to the Pope, and may very easily obtaine 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 Queene ELIZABETH after her death, and after that the Queene of Scotland being of the Family of the Guises, is enstalled in the Crowne of England? What? can one recall her backe vnto life thereby?

But in that the Ambassadors haue called this iudgement rigorous and extraordinarie, they haue said it without due consideration (for as much as they haue neither seene the processe nor the probations) and haue too bitterly taxed the Estates of the Realme of England, men of great account, chosen for their nobilitie, vertue, prudence and pietie: yea moreouer, that they haue absolutely spoken such like words, as if they came from the French King, very inconsiderately, making shew that they would feare with their threats and menaces, the Queene, and the Estates of the Realme. That [Page 227] the English-men are not accustomed to be terrified with threats of the French-men, from taking a course and means to establish and settle their securitie, for as much as they in the meane time did not shew nor demonstrate any fit or con­uenient way or meanes of auerting or putting away the in­stant and imminent dangers of England.

But the malitious and spightful enemies of the Queen of Scotland, tooke occasions all they could of hastening her death, and caused (the more to affright Queene ELIZABETH, knowing well that in the greatest danger of safetie, feare doth exclude all mercie) false rumours to be spread in euery place of England dai­ly, with fearefull out-cries, viz. That the Spanish Eleet were alreadie arriued in the Hauen of Milford, that the Scots had inuaded England, that the Duke of Guise was landed with a strong armie in Sussex, that the Qu. of Scot­land was escaped out of prison, and had leuied many souldi­ers, that the Northerne men were vp in rebellion, that there were other Ruffians, who had conspired to kill the Queene, and to burne the Citie of London, yea and that the Queene was dead, and other things of like kinde, which either craftie people or men afraid, vse to faine in their owne conceits, or to increase out of an inbred desire or hu­mour, to nourish and vphold rumors; and Princes, who are vpon curiositie credulous, take quickly hold of.

By such like bugges and formidable arguments, the Queenes minde wauering, and in great care, was by them drawne so farre, that shee signed letters, by which the mortall sentence of death was commanded to be put in execution, and one of the chiefest perswader (as the Scots say) was Patricke Gray, a Scot, sent by the King of Scotland to disswade the Queene from putting his mother to death, who oftentimes would beat into the Queenes eares that old word (Dead men doe not bite.)

[Page 228] But she being by nature slow in her doings, began to ballance in her minde, whether it were better to take her out of the way, or to spare her. Not to put her to death, these things moued her: Her inbred clemencie, lest she should seeme to vse crueltie against a woman, and she a Princesse, and also her kinswoman, feare of infamie with the posteritie out of the histories, and the dangers hanging thereon, as well from the King of Scotland, who should then come a step neerer vnto the hope of England, as from the Catholike Princes, and desperate fellowes, who then would aduenture on any thing.

But if she spared her, she fore-saw no lesse dangers at hand. That the Noblemen, who had giuen sentence against the Queene of Scotland, would closely purchase fauour with her, and her sonne, not without her danger, that the rest of her subiects that were very carefull and desirous of her safe­tie, would take it in euill part, when they saw themselues to haue lost their labour, and thenceforth would neglect her safetie; many more would ioyne themselues vnto the pro­fession of the Papists, and conceiue greater hope, when they saw her conserued, as it were, by the decree of heauen, vnto the hope of the kingdome; that the Iesuits and Seminarists, when they see her sickly, and feare shee will not liue long, would bestirre themselues to accelerate the death of Queene 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 faultie and iustly condemned, who subscribed vnto the Association for thy safetie, yet forthwith resolued to vse crueltie against thee, being innocent, and by thy destruction, to tyrannize ouer Religion, the Nobilitie and Commons? That mercie is a royall vertue, but is not to be shewed to them that haue no mercie. Let the vaine and idle shew of mercie giue place, and yeeld vnto wholesome seueritie. Your cle­mencie hath sufficient cause of commendation in that it hath [Page 229] pardoned her once before: to spare her againe, is no other thing but to pronounce her not guiltie, and to condemne the Estates of the Realme of iniustice; to encourage the hearts of her agents to hasten and accelerate the accomplishment of their wicked designes, and to dishearten the faithfull Sub­iects to conserue the Common-wealth. Religion, the Common-wealth, thy owne incolumitie, the loue of thy Countrey, the oath of Association, and the care of the Posteritie, with conioyned prayers doe beseech thee, that she who ouerthrow­eth and subuerteth all these seuerall things, may with all speed be rid and dispatched out of the way; and if they cannot ob­taine their request at thy hands, SAFETIE it selfe cannot saue and preserue this Common-wealth: and the Historians will publish to the succeeding age, that the most cleere shining daies of England vnder Queene ELIZABETH, ended in a loathsome euening, or rather into an eternall darke night. The posteritie will finde lacke of our prudence, who (which thing doth accumulate our miserie) could see our euils, and could not preuent them, and will impute the masse of our mi­series not so much to the malice of our aduersaries, as to the carelesse and slothfull negligence of these times. Let not the life of one Scottish woman praeponderate and be of more weight with thee, than the vniuersall safetie of England. Let there be no stay nor delay vsed in so great a matter, for that forbearance and delay procureth danger: neither let space and time be giuen vnto these wicked plotters and con­triuers of mischiefe, who now will seeke their last succour and helpe. by bold and audacious aduentures, and besides their impunitie, will hope for a reward for their mischieuous acti­on. He that doth not beware to auoid a danger as much as he can, doth tempt God more than trust in God. All the dangers whatsoeuer hang ouer▪ our heads from forraine Princes, by her death will be taken away, neither can they hurt England, but by her. What will and power soeuer the Pope hath to doe hurt, will cease and come to nothing when [Page 230] shee is gone. The King of Spaine hath no reason to be angry, for that he himselfe, for his owne security, made away his only son Charles, and at this time doth lie in wait to take away the life of Don Antonio the Portugal, to serue his owne ambiti­on. The French doth religiously obserue and keepe the amitie with England, and it also much concerneth his good, that by the speedie death of the Scottish Queene, the hopes of the Guises, who relying and trusting vpon the hoped and future power of their Kinswoman, doe now more insolently insult ouer their King. The King of Scotland, both by naturall affection, and in respect of his honour, may indeed be grieued or disquieted, yet in his wisdome hee will expect rather to haue things long after with securitie, than to haue things in ouer-much haste with danger. And the n [...]erer hee is to his chiefest hope, the futher forraine Princes will hold off from ioyning to helpe him, for as much as it is familiar and ordi­narie for them, by one meanes or other, to stop and hinder the increasing power of another Prince at the beginning.

They set before her eyes also domesticall examples, (for as much as that which is done by example, deser­ueth the more to be excused) How the Kings of England carried themselues toward their Cousins and Competitours for their owne securitie; namely, Henry the first toward Robert his eldest brother, Edward the third, or rather his mother, toward Edward the second, Henry the fourth to­ward Richard the second, Edward the fourth toward Hen­rie the sixt, and his sonne Edward Prince of Wales, and to­ward his owne brother George Duke of Clarence, Henry the seueuth toward the Earle of Warwick, the young sonne of the Duke of Clarence, Henry the eighth toward De la Pole Earle of Suffolke, Margaret Countesse of Sarisburie, and Courteney Marquesse of Exceter; who euery one for smaller matters, if the crimcs be compared, were put to death and made away. Neither did the Courtiers alone buzze these things into the Queens head, but also some [Page 231] Preachers very earnestly, and many of the Cōmons also out of hope or fear, exercised the fantasie of their brains and wits too saucily and malapertly in this Argument.

Amongst these pensiue thoughts, which made the Queene so carefull and doubtfull, that she delighted in solitarinesse, and sate without any cheere, and some­times without speaking a word, and oftentimes sighing, would mutter to her selfe, Either beare it, or strike home; and out of some obscure Embleme, Kill, lest thou be kil­led; shee deliuered to Dauison, one of her Secretaries, letters signed with her hand, that a Mandate should be made vnder the great Seale of England, for the putting of her vnto execution, which might be readie, if any danger were readie to fall, and commanded him not to communicate the matter to any man. But on the next day she, whilest feare did not allow her owne counsell, changing her minde, commanded Dauison, by William Killigrew, that the Mandate should not be made vp. He forthwith came to the Queene, and told her that the Mandate was made and sealed with the great Seale; She chafing, reproued him for making such haste; neuer­thelesse, he communicated the Mandate and businesse vnto the Queenes Counsellors, and perswadeth them, who quickly beleeued that which they desired, that the Queene commanded that it should be put in execution without delay: Beale, than whom there was none more euill affected vnto the Queene of Scotland for Religion, is sent with one or two executioners and letters, in the which authoritie is giuen vnto the Earles of Shrewsbu­rie, Kent, Darby, and Cumberland, with others, that she should be put to death, according to the Lawes, (vn­knowing to the Queene) and although at that very time shee had signified vnto Dauison, that shee would take another way and course, about the Queene of Scot­land, yet he did not call Beale backe.

[Page 232] As soone as the Earles came to Fotheringhay, they came to her, with Amias Poulet and Drewgh Drury, in whose custodie she was; and signified the cause of their comming, reading the Mandate, and in few words ad­monished her to prepare her selfe vnto death, for that shee was to die the next day. Shee without feare, and with a setled minde, answered, I did not thinke that Queene ELIZABETH, my sister, would haue consented vnto my death, for I am not subiect vnto your Law; but since it is otherwise, death shall be vnto me most welcome, neither is that soule worthy of the heauenly and euerlasting ioyes, whose bodie cannot endure one blow of the hangman. Shee requested that she might conferre with her Almo­ner, her Confessor, and with Meluin her Steward. They in plaine termes denied her confessor to come vnto her; and the Earles commended the Bishop or Deane of Pe­terburgh for to comfort her; whom when shee had re­iected, the Earle of Kent being fiery hot in Religion, turned vnto her, and amongst other words, broke out into these, Thy life will be the destruction of our Religion, as on the other side, Thy death will be the life of the same. Mention being made of Babington, shee constantly and vtterly denied that shee knew of his plots; left the re­uenge vnto God. And being demanded of that which was done by Nauus and Curlus, she asked if euer it was heard, that the seruants were suborned and admitted as witnesses to the death of their Masters. When the Earles were departed, shee commanded them to make haste with her supper, that shee might set things better in order. She supped sparingly and soberly, as her man­ner was. In supper time beholding her men and maid­seruants mourning and weeping, with an vndaunted minde she bade them be of good cheere, and to abstaine from sorrow, but rather to reioyce, for that shee was to depart presently out of an abysse of euill. And turning [Page 233] vnto Burgon her Physitian, asked him if he did not ob­serue that the force of truth was great. They said I must die, for that I was of counsell to kill the Queene; neuerthe­lesse, the Earle of Kent insinuateth that there is no other cause of my death, but that they feare their Religion by rea­son of me. Neither is my offence against the Queene, but their feare they haue of me, hath hastened and procured my death, whilest many seeke priuately their owne ends and pur­poses vnder the borrowed cloake of Religion and the publike good. Toward the end of supper shee drinketh vnto all her seruants, who pledged her on their knees in their order, mingling their teares with the wine, and asking pardon for the neglect of their dutie, as she also of them. After supper shee read ouer her testament, readeth ouer the inuentory of her goods and mouables, and writ on them the names of them vnto whom shee appointed them: vnto some she gaue money with her owne haud. Shee writeth vnto her Confessor, to pray vnto God for her, and also she wrote letters of commendation vnto the French King, and vnto the Duke of Guise, for her seruants. Shee went to bed at her ordinary houre, and slept certaine houres; being awaked, she spent the rest of the night in prayers.

The fatall day beginning to breake (viz. the vi. Ides of February) she apparelled her selfe neatlier and finer, as shee vsed to be on Festiuall daies, and calling her ser­uants together, read ouer her Will, and requested them to take in good part the legacies she gaue, since that her abilitie was not to bestow any more. And then setting her minde all vpon God, with all humility, in her Chap­pell, besought him to giue her his grace and fauour, with sighes, teares, and prayers, vntill the time that Tho­mas Andrewes, Sheriffe of the Shire, told her, that shee was to come forth. Shee came forth maiestically, in sta­ture, beautie and shew, with a cheerefull countenance, [Page 234] matron-like apparell, and very modest, her head being couered with a linnen vcile, and the same hanging very low, her beads hanging down at her girdle, and carying a Crucifix of Iuory in her hands. In the gallery the Earles and other Gentlemen receiued her, where Meluin her seruant on his knees, and with teares in his eies, lamen­ted his fortune, that he should carrie this heauie and sad newes of the wofull death of his Ladie into Scotland. Shee comforting him, said, Doe not lament, but rather be glad, thou shalt straight-waies see MARY STVART deliuered and freed from all cares. You may tell them that I die constant in my Religion, and firme in fidelitie toward Scotland and France. God forgive them who haue thirsted for my bloud, as the Hart doth after the spring of water. Thou our God who art truth it selfe, and perfectly and thorowly dost know the most secret corners of my heart, dost know how much I desire that the Realmes of England and Scotland might be vnited in one. Salute my sonne, and certifie him, that I haue done nothing that may be preiudi­ciall vnto the Kingdome of Scotland: Will him to keepe friendship with the Queene of England; and see that thou serue him faithfully.

And then teares falling from her eies, she bade Mel­uin farewell againe and againe. And turning to the Earles, shee requested that her seruants might bee cour­teously vsed, and that they might enioy 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 Earle of Kent shewed himselfe strange, fearing some superstiti­on. Shee said, Feare not, these wretches desire to giue mee their last farewell. I know my sister ELIZABETH would not deny mee so small a fauour, as to haue my maids to be present, if it be but for woman-hood sake. I am most neere of kinne vnto her, I come from King HENRY the [Page 235] seuenth, I am Queene Dowager of France, and the anointed Queene of Scotland.

When shee had said thus, and turned away, she was permitted to haue those of her seruants present whom shee would name. Shee nominated Meluin, Burgoine her Physitian, the Apothecarie and Chirurgeon, and two maids, and others, of the which Meluin bore vp her traine. So, the Gentlemen, two Earles, and the She­riffe of the Shire going before her, she came to the [...]caf­fold, which was set vp in the vpper end of the Hall, in the which was a chaire, a cushion, a blocke, and all co­uered with blacke cloth. As soone as she sate downe, silence being made, Beale read the Commission, and shee heard attentiuely, as if it had beene another matter. Then Fletcher, Deane of Peterburgh, began a tedious speech vnto her of the condition of her life formerly past, 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 setled in the ancient Catho­like Religion, and was readie to end her life in the same. And when he perswaded her earnestly to doe true pe­nance and with a firme faith to put her hope in Christ; shee answered, that shee was borne and bred, and would now end her life in that Religion. And vnto the Earles, saying that they would pray for her, she said, she would giue 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 Deane to pray, and when the whole company there assembled prayed together, shee falling on her knees, carrying the Crucifix before him in her hands, together with her ser­uants, prayed in Latine out of the Office of our Ladie.

After the Deane had ended his prayers, shee in the English tongue commended vnto God the Church, her sonne, and Queene ELIZABETH, and besought [Page 236] him to auert his indignation from this Isle, and profes­sed that shee reposed her hope in the bloud of Christ, (and lifted vp the Crucifix) and desired all the compa­ny of heauen to make intercession vnto him for her; she forgaue all her enemies, and kissing the Crucifix, and signing her selfe with the Crosse, shee said, As thy armes, O Christ, were spread abroad on the Crosse, so with the stret­ched out armes of thy mercy receiue me, and forgiue mee my sinnes. Then shee forgaue the Executioners, who asked pardon. And when her maids had taken off her vpper garments, shee hastening them, they cried out amaine, shee kissing them, and signing them with the Crosse, and smiling bade them farewell. Her face being coue­red with a linnen cloth, lying on the block, she said the Psalme, In te Domine confido, ne confundar in aeternum. Then as she stretched out her bodie, and oftentimes re­peated, In manus tuas Domine commendo spiritum meum, her head was cut off at two blowes. The Deane saying aloud, So let the enemies of Queene ELIZABETH pe­rish, the Earle of Kent saying the same, and the multi­titude sighing and grieuing thereat. Her bodie was em­bawmed, and was after buried like a Prince in the Ca­thedrall Church of Peterburgh. And her funerals were kept most magnificently at Paris, at the charges of the Guises, who performed all the best offices of kindred for their Cousin, both aliue and dead, to their great commendation.

In this lamentable manner ended her life MARIE Queene of Scotland, the great grand-daughter of Henry the seuenth, by his eldest daughter, in the XLVI. yeere of her age, and the XVIII. yeere of her captiuitie. A woman most constant in her Religion, adorned with a wonderfull pietie toward God, wisdome aboue her sex, and was also very faire and beautifull: And is to be accounted one of those Princes, whose felicitie was [Page 237] changed into aduersitie. In her infancie shee was with strife desired for wife, by King Henry the eighth of England, for his sonne Edward, and by Henry the se­cond, King of France, for Francis the Dolphin. At the age of fiue yeeres she was carried into France, and at the age of fifteene yeeres married vnto the Dolphin. Shee flourished, and was Queene of France one yeere and foure moneths. Her husband being dead, she returned into Scotland, and was maried againe vnto Henry Stuart Lord Darley, and had by him IAMES, the first Mo­narch of Great Britaine: Tossed and turmoiled by Murrey, her bastard brother, and other her vngrate and ambitious subiects, deposed from her Kingdome, and driuen to flie into England, and circumuented and en­trapped (as men speaking indifferently thinke) by sundry English-men, carefull of the conseruation of their Reli­gion, and of the safetie of Queene ELIZABETH, and thrust forward by others, desiring much to restore the Roman Religion: and oppressed by the testimonies of her Secretaries who were absent, and (as it seemed) corrupted with rewards. Neere to the graue, an Epitaph in the Latine tongue was affixed, and forthwith taken away.

[Page 240] Out of this lamentable fortune of so great a Prince, the disposition of the diuine prouidence most euident­ly appeared (as some wise men haue obserued.) For those things which the Queenes, ELIZABETH and MARY, chiefly wished and studied to procure, by this meanes came to passe. Queene MARY (which also shee said at her death) desired nothing more earnestly, than that the diuided Kingdomes of England and Scot­land might be vnited in the person of her deare sonne. And the other wished for nothing more, than that the Religion by her established in England, might be kept and conserued, with the safetie and securitie of the peo­ple. And that almightie God did heare their praiers, Eng­land to her vnexpected felicitie doth now see, and with great ioy acknowledge.

As soone as word was brought to Queene ELIZA­BETH, that the Queene of Scotland was put to death, shee not thinking thereof, she heard it with great indig­nation, shee looked heauily and could not speake a word, and readie to swound for sorrow, in so much that she put on mourning apparell, and grieued exceeding­ly, and lamented very much. Shee caused her Counsel­lors (being reproued and forbidden her presence) to be examined, and commanded Dauison to be brought in­to the Star-Chamber. And as soone as her dolour would permit her, she in great haste wrote this letter following vnto the King of Scotland with her owne hand, and sent it by M^r. Robert Cary, one of the Lord of Hunsdons sonnes.

Deare brother, I would to God you did know, but not feele, with what incomparable griefe my minde is tormented and vexed, by reason of the lamentable euent which hath be­fallen contrary to my minde and will, which you shall vnder­stand fully by my Cousin; for as much as I cannot abide and endure to set it downe by writing. I beseech you, that as God [Page 241] and many others can beare witnesse vnto my innocencie in this matter, so I desire you to beleeue, that if I had comman­ded it, I would neuer haue denied the same. I am not of that base minde, that for any terrour, I should feare to doe that which is iust, or to deny it, being done. I doe not so degene­rate from my Ancestors, nor am I of such an ignoble minde. But as it is not the part of a Prince to couer and cloake the sense of his minde with words, so will I neuer dissemble nor glose mine actions; but I will performe that they shall come to light, and appeare to the world in their colours. I would haue you be assuredly perswaded, that as I know that this was done vpon desert, so if I had imagined it, I would not haue put it ouer vpon any other; neither yet wil I impute that to my selfe, which I did not so much as thinke. He who shall deliuer you these Letters, shall acquaint and impart other things vnto you. As for me, I would haue you to beleeue, that there is none other who loueth you better, and beareth better affection to you, or that will haue a more friendly care of you and your affaires. If any one suggesteth, or putteth other things into your head, I would haue you to think that he bea­reth more good will and affection to others, than to you. God Almightie keepe you in health, and preserue you alwaies.

In the meane time that M^r. Cary was in his iourney with these Letters, Dauison was brought into the Star-Chamber, before the Commissioners appointed, viz. Christopher Wray, Lord Chiefe Iustice of the Kings Bench, made for that time Lord Keeper of the Priuie Seale, the Archbishops of Canterbury and Yorke, the Earles of Worcester, Cumberland, and Lincolne, the Lords Gray, and Lumley; Iames Croft, Knight, Controller of the Queenes House, Sir Walter Mildmay, Chancellor of the Exchequer, Sir Gilbert Gerrard, Master of the Rolles, Edmund Anderson, Lord Chiefe Iustice of the Common Pleas, and Roger Manwood, Lord Chiefe Baron of the [Page 242] Exchequer. Before these Commissioners, Popham, the Queenes Atturney, charged Dauison with contempt a­gainst her Maiestie, violation of his faith, and neglect of his dutie; that whereas the Queene out of her inbred clemencie, would not haue the Queene of Scotland, though condemned, to be put vnto death, for causes knowne to her selfe, and not to be searched and pried into by others, could not be brought thereunto, neither by the Estates of the Kingdom, nor by her Counsellors earnestly vrging her thereunto; neuerthelesse, had com­manded a Mandate to be made for her execution, to pre­uent dangers that might ensue, and had committed it vnto the fidelitie and secrecie of Dauison; He being her sworne Secretarie, forgetting his trust and dutie, and in contempt of her Maiestie, contrary vnto which the Queene had commanded, had imparted it vnto the Counsellors, and put it in execution, she being vtterly ignorant thereof.

Dauison with great modestie, and quietly, yet with a good courage answered, That he was sorie, that in a most iust cause of the Queene of Scotland, and most weightie iudgement against her, if euer there was any, that he should trouble againe the Commissioners, if not with the losse, yet at the least with the impairing of his reputation, which hee esteemed aboue all other things: but he was most aggreeued that he was charged to haue offended most contemptuously against her Maiestie, who the more shee had beene bountifull to him, and he more bound for her bountie, his offence might seeme more hainous. If he should acknowledge himselfe guil­tie of the crimes obiected, he should wrong his credit, which was dearer vnto him than his life. If he should contest in his owne defence with the Queene, he should doe a thing vn­worthy of the obedience of a subiect, the dutie of a seruant, and the fidelitie of a Secretary. He protested before God and the Commissioners, That wittingly or willingly hee [Page 243] had done nothing in this thing, but that which hee was per­swaded in his conscience the Queene willed: In the which, if he had carried himselfe to doe any hurt, either by vnskilful­nesse, or by negligence, he could not choose but be grieuously sorie, and vndergoe willingly the censure of the Commis­sioners.

As concerning particulars: when the Queene repro­ued him that he had sealed the Mandatum with the great Seale in such great haste; he affirmed, That shee insinua­ted, but did not expresly bid him to keepe it to himselfe. Neither did he thinke that he committed any fault against the trust of silence put on him, since he neuer spake word of this matter, but vnto the Priuie Counsellors. Vnto that he did not call backe the Mandatum, after that the Queene had signified vnto him, that shee had changed her minde, he affirmed, That it was agreed that it should be sent forthwith, and execution done, lest the Common-wealth or the Queene might take some harme.

Hereupon Egerton, the Solicitor, began to presse Da­uison out of his owne confession, reading a peece there­of, but he requested him to reade it all, and not this peece and that peece; but yet hee had rather it should not be read at all, for that therein some seccrets not to be vttered were contained; and now and then interrup­ting him, he said, That as he would not contest with the Queene, so he could not endure that his modestie should be any detriment vnto the truth and his integritie. Gaudy and Puckering, Sergeants at Law, reproued him sharply with many words, that craftily hee abused the wisdome of the Counsellors, and that out of the confession of Burghley the Treasurer, vnto whom doubting whether the Queene had assuredly determined of the execution to be done, he affirmed it very earnestly, as he did also vnto the rest, who set their hands vnto the letters of the manner of the execution. Dauison with teares in his [Page 244] eyes, required the Lawyers not to presse him so vehe­mently: And wished them to remember that he would not contest with the Queene, vnto whose conscience, and vnto the censure of the Commissioners hee committed himselfe wholly.

To conclude, by the generall censure of them, hee was fined at ten thousand pound, and imprisonment at the Queenes pleasure.

Dauison besought the Commissioners to make inter­cession vnto the Queene for him, not for the honourable place of Secretary, which he had, or his libertie, or for the diminishing of the fine imposed, but that he might be resto­red vnto her fauour, which yet hee neuer recouered, though she oftentimes releeued his wants. So Dauison an honest man without policie, and not skilfull in af­faires of State, was brought, as most men thought, vp­on the Stage amongst the Statesmen, to play his part a while in this Tragedie, and straight had his disguise pul­led off, and as if he had failed in the last Act, thrust from off the stage, and kept long in prison, but not without the commiseration of m [...]ny. Now I haue told what was publikely done against Dauison; but how he excu­sed himselfe priuately, take briefly out of his credit, and his Apologeticall Narration vnto Walsingham.

He saith, after the departure of the French and Scottish Ambassadors, the Queene of her owne minde commanded me to shew vnto her the Mandate of the execution of the sen­tence against the Queene of Scotland. And it being shewen, shee willingly signed with her hand, and commanded it, being thus signed, to be sealed with the Great Seale of England, and iesting, said, Signifie this thing vnto Walsingham, who was sicke, yet I feare much that he will die for sorrow there­of. Moreouer, she said that the causes of the delaying there­of, were, lest she should seeme to be thought to be drawn there­unto vpon violence or malice, when yet she knew that it was [Page 245] very necessarie. Moreouer, she blamed Powlet and Drury th [...]t they had not freed her of this care, and wished that Walsingham would trie their mindes in this matter. On the next day, when it was sealed with the Great Seale, shee commanded by Killegrew that it should not be done; and when I had told her it was alreadie done, shee reprehended so much haste, insinuating that some wise men thought ano­ther way might be taken. I answered that the course which was most iust, was alwaies the best and most safe. But fea­ring shee would lay the fault vpon me (as she laid the death of the Duke of Norfolke vpon Burghley) I communica­ted all the matter vnto Hatton, protesting that I would not thrust my selfe into so great a businesse; he presently impar­ted it vnto Burleigh, Burleigh vnto the rest of the Counsel­lors, who all gaue their consent to the quicke dispatch of the execution, and euery one vowed to stand to it, and to sticke one to another: and sent Beale with the Mandate and Let­ters. The third day after, when I perceiued that her minde wauered, hearing her tell a dreame of the death of the Queen of Scotland, I asked if she had changed her minde; she said no, but, said shee, another way might haue beene inuented: and withall asked if any answer were comefrom Powlet. And when I had shewed his letters, wherein, in plaine termes, be refused to take vpon him that which was neither honou­rable nor iust; she chasing, said, that he and others, who had taken the oath of the Association, were periured and for­sworne men, as they who had promised many things, but would performe nothing. But I shewed her how vniust and infamous this would be, and into what danger shee brought Powlet and Drury. For if shee approued and allowed the fact, shee should draw to her selfe both danger and dishonour with the note of iniustice; but if shee disauowed and disal­lowed the fact, shee ouerthrew vtterly those well de­seruing men and their posteritie. And afterwardshee, on the same day the Queene of Scotland was put to death, [Page 246] slightly checked mee, that the execution was not done.

What griefe and anger soeuer Queen ELIZABETH conceiued, or made shew of, for the death of the Queen of Scotland, I am sure the King of Scotland, her only son, tooke it wonderfull heauily, who with the most ad­mirable pietie that could bee in a sonne, reuerenced his most deare mother, and mourned and lamented for her exceedingly. For he did not thinke that Queene ELIZABETH, in regard of the mutuall loue that was betweene them, and the league of stricter friendship late­ly made betweene them, neglecting the so many in­tercessions of Princes, would haue deliuered his mo­ther, a Prince of equall estate, and her neerest cousin of the Royal bloud, into the hands of a base hangman. He suffered not M^r. Robert Cary, sonne to the Lord Hunsdon (who was sent from England to excuse the Queene, by laying the fault vpon her Counsellors and Dauison) to come into Scotland, and hardly would heare him by another man, and with much suit recei­ued the letters he brought: Called his Ambassadour out of England, and threatned reuenge. And some there were that perswaded him that other Princes of Christendome would not let such an iniury done vnto the Maiestie and Royall name of a King, goe vnpu­nished.

The Estates of Scotland who were assembled in great number, professed that they were most readie to reuenge the death of his mother, and to defend his right to the Crowne of England, yea and to spend their liues and goods in the quarrell, and that they could not disgest the iniurie done, not onely vnto the King, but also vnto the whole Nation of the Scots.

Some there were who perswaded the King to re­quire aid of ships, and of a Nauie of the King of Den­marke, [Page 247] vnto whose daughter he began then to sue for mariage.

Some who were addicted to the Romane Religion, suggested vnto him, that hee should rather ioyne with the Kings of Spaine and France, and with the Pope, and so hee might with case get the possession of England. And aboue all things to giue no credit vnto the Pro­testants of England, who now ruled all, and closely plotted to destroy him also: whispering this in his eares, He that hath killed the mother, will also kill the chil­dren if he can.

Some there were who secretly aduised him to keepe himselfe as Newter openly, and to hold both the Pro­testants and Romanists in suspence. For if that hee shewed himselfe openly for the Protestants, the Roma­nists of Europe will lay all their plots against him, and would set vp another prop and stay in England to his great danger.

Some also there were who aduised him to keepe a firme peace with England, and not to put his certaine hope vpon the vncertaine fortune of warre. And to be constant in his Religion, in the which if hee once wa­uered, he should neither get nor purchase friends, nor lessen, nor diminish his enemies. Thus euery man as their fancie gaue, or their profit lead them, spake. But the King being more prouident, and more wittie than his age gaue him, vsed no haste, which is alwaies blinde, but weighed their counsels in his minde considerately and maturely a long time, both with himselfe and a very few others.

But Queene ELIZABETH by laying all the fault on Dauison, and the rash credulitie of her Counsellors, so to mitigate his griefe and sorrow by little and little, lest the comfort giuen out of season, might more ex­asperate him, and so stayed vntill his sorrow lessened [Page 248] by length of time, would suffer it selfe to be handled. But when shee saw the French egge on the King to re­uenge, she fearing lest he by their policies, and vpon a burning heat of reuenge, should be drawne away from the Religion of the Protestants, and the friendship of the English, she laboured with all her power to pacifie his minde, exulcerated, and in a manner alienated from her, by all meanes not vnworthy of a Prince.

Therefore by her Messengers and Agents, and after by the Lord Hunsdon, Gouernour of Berwicke, she pro­poseth these weightie and important Reasons most di­ligently. First, what a dangerous thing it may be for him to breake into open warre against England for this cause, which seemed vnto the Estates of England to be as well necessarie for the safetie of the whole Island, as also most iust. Then let him consider if he be of abilitie to take such a warre in hand, for as much as England was neuer better furnished with Military men and Leaders, with forces and riches; and Scotland exhausted with intestine warres, ne­uer more weake. If he depended vpon forraine aid, with what great difficultie, and how long it would be ere hee can get it; and if he doe obtaine it, what successe can hee hope for, since that England hauing the Fleets of Holland and Zealand ioyned thereunto, hath no cause to feare the most mightie and potent Kings of Europe? What hope can he place in the French King, or the King of Spaine? For as much as his power much increased and augmented by the ac­cession and addition of England, may crosse or empeach their designes and purposes, for that his Religion may be so opposed vnto their profession, that they cannot helpe and aid him, but with their owne losse and detriment. Neither can the French King see with a contented minde, the King of Scotland to be augmented with the Kingdome of England, for feare lest hee should with warre prosecute the ancient right of the English-men in France, or else giue helpe or [Page 249] succour vnto the Guises, his Cousins, who at this time gape after the Realme of France. But the King of Spaine with­out all doubt will doe all things to serue his ambitious hu­mour, for as much as he vaunteth himselfe to be the first Ca­tholike Prince of the bloud Royall of England, and the stocke of Lancaster, though vntruly. In respect of which, some Iesuites and others also endeuoured to aduance him, whilest the Queene of Scotland was yet liuing, vnto the Crowne of England, as a man most fit to restore the Ro­man authority in England (the mother and the sonne being not respected nor regarded.) Moreouer, they perswaded him, that shee determined in her last Will and Testament, to bequeath the Kingdome of England vnto this King of Spaine, if her sonne continued in the Religion of the Pro­testants.

What may be the meaning of these things, and where­unto they may tend, and what aid and helpe can be hoped for from the King of Spaine, the King may thereby see and perceiue: And withall, if he shall reuolt and fall from his Religion, in the which he hath beene brought vp, with what great ignominie he may precipitate and cast head-long his soule into eternall damnation, and the whole Iland of Bri­taine into danger and destruction. Moreouer, he is to con­sider and be aduised, lest the Estates of England, who haue giuen sentence against his mother, doe not exclude him alto­gether from the right of Succession, by a new sentence, whose loue, by yeelding and giuing place vnto necessitie, and restraining the passionate motions of his minde, he may easi­ly winne and purchase vnto him, for as much as that which is done, cannot be vndone. And at his time he may possesse and enioy quietly the most flourishing Kingdome of Eng­land. In the meane time, he may enioy securitie, and may seeme with all men, indifferent men, that haue vnderstan­ding and consideration of things, to haue receiued no blemish in his honour, for as much as when time was, he omitted no [Page 250] part of a most pious and vertuous sonne toward his mother. And let him assuredly perswade himselfe, that the Queene of England would account and vse him most louingly and af­fectionately, as if shee were his owne mother.

These things shee 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 confirme him in that opinion, shee determined to send vnto him the sentence giuen against Dauison in the Starre-chamber, vnder the hands of all the Commissioners, and also vnder the Great Seale of England: And also another instrument (to please him the more) signed with the hands of all the Iudges of England, wherein they confirmed that the sentence giuen against his mother, was no hurt vnto his right in Succession, nor could be any pre­iudice vnto the same.