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ANNO DOMINI 1571
The Royall Exchange. | The creation of the Baron of Burghley. | The forme of creating Barons. | Their dignity. | Letters of Pius 5. to the Queen of Scots. | A writing of Scots against the regall power. | Condemned by the Queene of England. | Demands <of> the English for the delivery of the Queene of Scots. | The English reject the offers of the Scots. | Altercation betwixt the Scots. | Complaintes against the English Counsailors. | The Queene of Scots party oppressed. | An Archbishop hanged. | The Queene of Scots discourse to Norfolke. | Ridolphs discourse. | His promises. | Rosse his plot. | Attempts of others. | A remooving of the earth. | Buckhursts embassage. | A marriage propounded between Queene Elizabeth and the Duke of Anjou. | The hope conceived thereof. | The Articles. | The Answer. | With what intent the marriage was propounded. | The Queene of Scots mariage hastened. | By what hap discovered. | Rosse committed to custody. | And others. | Money sent into Scotland. | A breviary of the Queene of Scots discourse. | Norfolke brought backe againe to the Tower. | And others. | He confesseth the matter. | A consultation concerning an Embassadour. | Questions and answers concerning an Embassadour. | The Embassadors answere. | He avoideth the testimonies of Englishmen. | He answereth to articles. | Lenox Regent of Scotland slaine. | The Earle of Marre Regent of Scotland. | Lawes against turbulent people. | Against Papists. | Agains rebels. | Against Fugitives. | Against covetous Church-men. | Against Puritans. | Against the Queene of Scots. | John Story condemned. | Variances betweene the English and Portugals compounded. | Guinea. | The Death of the Marquesse of Northampton. | And of Bishop John Juell. | Irish matters. | Sir John Perot. | Sir William Fitz-Williams Lord Deputy.
UEENE Elizabeth, entring with royall State into London in the first Moneth of the yeere, went to see a most beautifull Burse (as they call it) which Sir Thomas Gresham Knight, Citizen of London, and the Queenes Merchant, had built for the use of Merchants, and by the voyce of the Cryer and sound of Trumpets, as it were by way of dedication, she named it The Royall Exchange.
2. Some few dayes after also, shee, who in bestowing of honours was very sparing (for in full twelve yeeres shee had not raysed above fowre to the honour of Barons), by honourable Letters Patents rightly adorned William Cecyl, her Secretary, being invested in Barons Robes, with the title of Baron Burghley, in these words of forme: As well for the long service in the time of our progenitors Kings of England, as also for the faithfull and acceptable duty and observance which he hath alwayes performed from the very beginning of our reygne, and ceaseth not daily to performe many wayes, not onely in the great and weighty affaires of counsaile, but generally also in all other expeditions from the Realme; and also for his circumspection, stoutnesse, wisedome, dexterity, integrity of life, providence, care, and faithfulnesse, We have of our speciall grace and favour, and of our certaine knowledge and meere motion, raysed, created, and advanced him to the State, degree, dignity, and honour of Baron of Burghley, and have imposed, given, and bestowed upon him the name, stile, and title of Baron of Burghley, to have and to hold to him and his heires male issuing from his body for ever, etc. This man, and others whom she raysed to the State of Barons, I have the more willingly mentioned, and shall mention, for that it is one of the most ample degrees of honour. For the Parliamentary Barons of England are Peeres, Stares, and Counsellors of the Realme borne and doe enjoy very many immunities and priviledges, which to reckon up is not proper to this place, and some of them I have observed else where.
3. A little before, that Florentine Ridolpho already mentioned, who had for the space of fifteene yeeres exercised merchandies at London, secretly coveighed the Bishop of Romes letters to the Queene of Scots, wherein he promiseth all kindnesse, ayd, and assistance for advancing the Catholike Religion, and her, and prayeth that favour and credite may be given to Ridolpho in all things, and that he may understand by him (who was then purposed to come into Italy) by what meanes the Catholike Religion and the common calamaties in Britaine, might be redressed, Ridolpho also by his owne letters apart prayeth the Queene to acquaint the Duke of Norfolke and her friends with these things, and to commend him unto them. But she differred her answere (though the French King, the Spaniard, and the Duke of Alva had written to the same purpose), till she might see what would be the issue of the treaty then begunne.
4. For there were come about Scottish matters in the name of the King of Scots, the Earle of Morton, Petcarne Abbot of Dunfermelin, and James Mac-Gilly; who being willed by Queene Elizabeth to expresse more plainely their causes for deposing the Queene, and to prove them to be just, exhibited unto her a large discourse. Wherein, with insolent liberty and sharpnesse of words, they went about to prove by an ancient priviledge of the Kingdome of Scotland by outworne examples, and new ones gathered heere and there that the Scottish people are above their Kings; yea, and by the authority of Calvin that popular Magistrates are ordained every where to moderate the lust of Kings, and that it is lawfull for them to restraine bad Kings by imprisonment, and to depose them. But of their owne lenity towards the deposed Queene they made glorious bragges, as that they permitted her to substitute her sonne in her roome, and to appoint him Tutors; that it was out of the peoples mercy, not her own innocency that she lived; and many other things which tumultuous spirits insolently devise against the Royall Majesty. This discourse Queene Elizabeth read, not without indignation, and tacitly condemned, as written in injury to Kings. But to the Delegates she answered that she saw not yet any just cause to molest and persecute their Queene. She willed them therefore to enter forthwith into some course to extinguish the discord in Scotland.
5. Hereupon, for securing the Queene and Realme of England, and the Noblemen of Scotland that were of the Kings party, it was propounded at Bacons house, Lord Keeper of the Great Seale, to the Bishop of Rosse, the Bishop of Galloway, and the Baron of Levingstone, the Queene of Scots Delegates, that before the Queene of Scots should be delivered, the Duke of Castel-Herald, the Earles of Huntley and Argile, the Lord Humes, the Lord Heris, and another of the Barons, should be given for hostages, and that the Castles of Dunbritton and Humes should be delivered into the Englishmens hands for three yeeres. They answered, That there was no doubt but the Queene of Scots which had voluntarily put her selfe under the Queene of Englands protection, would also most willingly satisfie her in all things which might commodiously be done. But to deliver up so great men, and such strong holds,were nothing else but to deprive the miserable Queene of the strength of all her faithfullest freinds and fastest places, and to expose her for a prey to her adversaries. Yet two Earles they offered, whereof one of the three aforesaid to be one, and two Barons, in hostage for two yeeres. But as for the strong holds, they could not by the League be delivered to the English, unlesse others in like manner were delivered to the French. But (said Bacon) the whole Kingdome of Scotland, the Prince, Peeres, and strong holds, are all too little to secure the Queene and the most flourishing Kingdome of England, and therefore the Queene of Scots was not to be delivered upon any security whatsoever to be propounded by the Scots.
6. From hence the Queene of Scots Delegates presently gathered, and spake it openly that now at length they understood plainely that the English were fully determined and resolved to detaine the Queene for ever in England, and withall to breake off the treaty, seeing that they so stiffely required such security as Scotland was no wayes able to give. Neverthelesse the rest of the Council in England protested that they desired much that the Queene of Scots might bee delivered, so as sufficient security were given. And indeed they dealt afterwards in this behalfe with Morton and his Colleagues concerning these matters, and the delivery of the King into England; who answered flatly that they had no commission to consult, either about receiving the Queene into Scotland, or delivering the King. But this the Queene of Scots Delegates rejected as a frivolous shift, for they had authority enough to consult about the Queenes delivery, who were the authors of the Queenes deposing. Neither was there cause why they should require any authority from the rest of the conspirators, forasmuch as a wicked act, whom it tainteth, them it maketh equals. As for the Prince, seeing he was now scarce five yeeres old, he could give them no authority. And for the Regent, hee had referred the whole matter to Queene Elizabeths pleasure. They earnestly intreated therefore that either the sayd Commisioners might be constrained to consult, or else the matter might bee compounded upon reasonable conditions without them. But Queene Elizabeth, when shee perceived that nothing could be concluded for consent, thought it reasonable that the Estates of Scotland being now ready to assemble, should picke out certaine men to labour a composition of peace. . Hereupon Rosse and his Colleagues openly complayned that some Counsailors of England abused the Queene of Englands wisdome and the Queene of Scots patience; had deluded forreine Princes with wiles, and fed the Scots with harmefull hope. And certainely the Queene of Scots her selfe, full of stomacke and complaynings, and weary of such delayes, revoked the Bishop of Galloway, and the Lord Levingstone. The Bishop of Rosse, whom the Queene of England had commanded to depart from London, she commanded him to stay at London by the priviledge of an Embassadour, which was not without suspition. Her owne party in Scotland she appointed to take armes, and trust no longer to hurtfull truces or conferences.
7. For whilest these things were done in England, the Queenes party in Scotland received very great dammage, many of them were executed, more slaine, Dunbritton the strongest Fort of Scotland, seated upon the estuary of Glotta or Cluid, commonly called Dunbritton Frith, taken, and John Hamilton Archbishop of Saint Andrewes the Duke of Castel-Heralds brother, hanged on a gibbet, as guilty of the Kings murder (though he were not called to his tryall according to the custome of his Countrey), and that through the appeachment of a Priest, which had affirmed that he had heard it sometimes in confession from those which had murdered the King.
8. When the captive Queene was now without all hope, yet not without extreme griefe, and all her servants were removed, saving tenne and a Massing Priest, and all meanes of procuring her safety and liberty barred, which by the very conduct of nature are most honest and reasonable, shee could not but disclose that which she had long time locked up in her brest. Shee therefore privily sendeth a long discourse of her counsailes, which shee had written before already, and certaine love letters, to the Duke of Norfolke, written in privy cipher betwixt them two, and other letters to be conveyghed by Ridolpho to the Pope and the Spaniard, which Ridolpho she commandeth as a man most affectionate to her, and most necessary for her turne. Higforde the Dukes Secretary, who wrote out this discourse in an usuall character, being commanded to cast it in the fire, hid it under the mat in the Dukes Chamber, and (as it seemeth) by appointment beforehand. This Ridolpho once with the Duke in presence, and often times by the mouth of Barker, debated these things following. That he had observed that there were many, as well of the Nobility as Communality in England, which desired an innovation in the State, and that these were of three sorts; some which in the reygne of Queene Mary flourished in authority and favour, and now were in no reckoning; some which being addicted to the Popish Religion, stommacked that they could not have the exercise thereof at their pleasure; and some which inclining to new hope, were much discontented with their owne estate. That these wanted nothing to adventure upon any attempt, save onely a leader of some Noble stocke, money, and forraine ayd. As for a leader, there could be none found of more Noble blood, nor more meete, then the Duke, a man most gracious amongst all rankes of men. Reason it was also that he should revenge the injuries he had received; he had beene so long kept in prison contrary to the priviledge of his Countrey, and now in disgrace was not called to the Parliament, wheren he had a place and voyce, as being the chiefe amongst the Peeres, and Earle Marshall of the Realme of England. And the more effectually to perswade him hereunto, he exhibited a Catalogue of the gentlemen, which had vowed themselves and their fortunes to the Duke, if he would undertake the matter. As for forraine ayd, he affirmed, that the Pope (so as the Catholike Religion might be advanced) would beare the charge of the whole warre, who had layd downe an hundred thousand crownes the last yeere when the Bull as published, whereof twelve thousand he the said Ridolpho had distributed amongst the English fugitive. He promised that the Spaniard, being incensed with the injuries of the English, would send military forces, to wit, foure thousand horse and six thousand foot, which might be sent over to Harwich, a Port Towne of Essex (neere whereunto the Duke had great and many adherents) and that most immediately, and without suspition in the beginning of Summer, when the Duke of Medina Caely was to come with a strong Fleet into the Netherlands. To be short, hee concluded that such judiciousnesse might bee used, that the Duke might be freed from all suspition of affecting the Crowne, and the Queene of Englands safety might bee provided for, so as she would embrace or tolerate the Romish Religion, and give her assent to the Queene of Scots marriage with the Duke.
9. These things the Duke harkned unto as carrying some probability, yet he refused to subscribe to the Letters of credite (as they call them), which Ridolpho being ready to depart, presented unto him. Neither would he hearken to a plot which Rosse had with much beating of his braines devised, and suggested unto him by Barker, That the Duke with a choice number of Gentlemen should surprize the Queene at unawares, and disturbe the Parliament; which might easily be done (sayd he) by meanes of the opportunity of the time, when so many Gentlemen devoted to the Duke, as otherwise could not meete againe in one place without suspition, would now put these things in execution with cheerefull minde. That there were just causes hereunto, for that the Duke had beene long time detained in Prison contrary to the Lawes of his Country, and not admitted the Parliament, and that more sharpe Lawes were devised against the Papists. Neither were there lacking examples: for Castrutio in Italy, and others here and there, had happily effected many things by a suddaine enterprize. That fine Gentle-men in Scotland had very lately interrupted the Parliament wherein Murray was to be proscribed, and seized the Queene into their hands; and by the same meanes and facility (if the opportunity were taken) might Queene Elizabeth be surprized, the marriage with the Queene of Scots dispatched, and the Popish Religion in England secured, without any great stirre or Forraine aide.
10. This designe the Duke (who according to his innated goodnesse was farre from any foule fact) detested with his heart, as pernicious and perilous. But at the same time Henry Percy offered his service to Rosse to free the Queene of Scots out of prison, so as Grange and Carre of Fernihurst would receive her at the borders of Scotland, and his brother the Earle of Northumberland might be delivered out of Scotland. But forasmuch as hee was somewhat suspect by reason of his inward familiarity wtih Burghley, and for that he delayed the matter somewhat long, this plot fayled. As also did that of Powell of Sandford, one of the band of Gentlemen Pensioners, and of Owen one of Arundels retayners; who where both of them ready to have untertaken the facte, had not Rosse forbidden them, as unable for so great a businesse, being men of small note. The rest of these matters, which in this businesse were most closely carried, let us for a while omit till time reveale them.
11. Whilest these things are closely acted at London, there was a prodigious moving of the Earth in the East part of the Country of Hereford, at Kinnaston a small Village. For the seventeenth of February at sixe of the clocke in the evening the grounde sunke, and an hill with a rocke of stones at the foote of it lifted it selfe up as if it had risen out of a long sleepe with a very great roaring at the first and a noyse that it was heard by the neighbours afarre off, and ascended to an higher place, leaving a deepe pit behinde it, and carrying with it trees growing, sheepcoats and flocks of sheep. Of the trees some lay covered with earth, and others growing fast in the hill as it went stood upright, in such sort as if they had taken root there at first. In the place where it departed it left a pit or hole forty foot wide and fourescore elles song. The ground in all was about twenty acres, and in going it overthrew a Chappell that stood in the way. A Yeugh tree which stood in the Churchward it removed from the West to the East. With the same force it thrust forward the high wayes, with sheepe coats, hedges, and trees in them. Of arrable ground it made pasture, and of pasture arrable ground. The higher ground which it met with, it went over, and crushing it together with great force, made it an higher hill, as it were with a mount cast up. Thus when it had walked on from Saturday in the evening til Munday at noone, at length, as if it were weary of the journey and laboured with its owne weight, it stood still.
12. In France a marriage was solemnized a little before with great and Royall pompe, at Maisers on the river Maes, betweene Charles the ninth King of France, and Elizabeth of Austria, the Emperour Maximilians daughter. Which marriage Queene Elizabeth honourably to congratulate out of her harty good will to the Emperor, whom she observed as a father, and out of her love to the French King her neighbour and confederate, and to doe him honour, sent Thomas Sackvill, Baron of Buckhurst, into France, who was honourably received according to his Princes worth, and his owne. In his company was Guido Cavalcanty a Gentleman of Florence, a man of very great experience, with whome the Queene mother of France, who was also her selfe a Florentine, being provident for the good of her selfe and her sonnes, dealt openly about a marriage betwixt Queene Elizabeth and her sonne Henry, Duke of Anjou, and sent forthwith certain Articles by him to Queene Elizabeth concerning the same, and afterwards the French King diligently followed the matter for his brother by Mavasier his Embassadour Legier, La-Motha-Fenellon Archant, and Foix, who both joyntly and severally sollicited Queene Elizabeth almost a whole yeere.
13. This marriage was not a little furthered by the hope which was conceived that the Romish Religion had not taken so deepe root in the Dukes minde, as well for that hee was yet but young, as also he was brought upo under Carvelette a man not averse from the Protestants Religion; and that by little and little he might be drawne to the Protestants profession. Which if it might be effected, many and great commodities would (as they guessed) ensue by this marriage, to the good of the Reformed Religion, as that hee being a man of a military disposition, would with joynt forces of the Germans and the English, be the overthrower of the Papists, establish a perpetuall peace beweene England and France, breake the attempts of the Scottish Queene, the Spaniard, the Pope, and the Irish rebels; and moreover would joyne unto the Crowne of England the rich Dukedomes of Anjou, Burbon, and Auverne, and in probability greatter matters. In briefe, if this were neglected, there would never bee offered a more Honourable marriage.
14. After much and often arguing and debating, the French propounded three Articles, concerning The Dukes Coronation, The joynt Administration of the Kingdome, and Tolleration of his Religion. To these three at length it was answered, That the Queene could not graunt without the assent of the Estates of the Realme that after the marriage he should be Crowned, but in regard of the marriage shee would very willingly assent that hee should weare the Matrimoniall crowne (as she called it) without prejudice of her Majestie or her heire or successour, if it so seemed good to the Estates of the Realme; and there should be no lacke in her, but that most ample honour should bee decreed to her Husband. Concerning the joynt government, she thought it not unreasonable that to whom she deigned the Title of King and Husband, him she would also take for a consort and helper in governing her Kingdomes. But concerning tolleration of Religion, shee could not yet for some weighty causes give her assent. Which causes (as I have observed out of Queene Elizabeths letters) were these. Although the outward exercise of Christian Religion might be tollerated with different rites and ceremonies, amongst the Subjects of one and the same Kingdome, yet a different, yea a flat contrary exercise betweene the Queene, which is the head of her People, and her husband, might not seeme not onely perilous, but also altogether absurd. The French King and Queene Mother she prayeth to weigh with equall ballance, on the one side her owne hazard, and on the other side the Duke of Anjous honour. By tollerating his Religion, she should breake the Lawes established, give offence to her best Subjects, and encouragement to her worst; which things would certainely over-weigh the Duke of Anjous honour. But the French replied that it was most unmeete hee should live without exercise of Religion; for this would seeme altogether irreligious. Neither would Queene Elizabeth for her owne honour, that he should be branded with note of an Atheist. On the other side Queene Elizabeth answered, If the Duke would water more plentifully the seedes of the purer Religion alreadie sowne, and suffer more to be sowne, hee should soone see that it would be unto him a most high honour. At length it came to this issue, that if so be the Duke would bee present with the Queene at the celebration of Divine Service, and not refuse to heare and learne the institutions of the Protestants Religion, she would assent that neither the Duke, nor his family should bee constrained to use the rites and ceremonies of the Church of England, nor molested for other Divine rites not openly and manifestly repugnant to Gods Word, so as it were done in a certaine private place, and no occasion given to the English to breake the Lawes established. Foix stuck at that that word, The Word of God. For whose satisfaction Queene Elizabeth commanded, in steede of Gods Word, to put in Gods Church. Which when it liked him worse, and for it would have had to be put it, The Catholicke Church, Queene Elizabeth flatly refused. And hereupon the matter by little and little grewe cold.
15. Some thought that this was not seriously undertaken by the French King and his Mother, but with this intent that the mention of marriage with a Protestant Princesse might be a pledge of their sincere affection towards the Protestants, and might give some impeachment to a secret Treaty of marriage, which they suspected, betwixt Queene Elizabeth and the King of Navarre, whom the French King sought unto to bee an Husband to his Sister. Neither was it beleeved in England that it was seriously intertained by Queene Elizabeth, but that the Protestants of France might have the King and his Mother and brethren the more favourable, the Queene of Scots might bee weakened, the practices of the Spaniard and the Irish against the English by meanes of the Cardinall of Loraine disappointed, and the Popes fulminations by the French Kings procurement blowne over. For at that time Leicester (then whome no man sawe more into Queene Elizsabeths secret thoughts), wrote to Walsingham, Embassadour then in Fraunce, That there was in the Queene some desire to marry, but it was very colde, and that shee perswarded herselfe that it was rather behoofe-full shee should marry, then that she had any will of her selfe to marry. And moreover, that if the Duke of Anjou should omit in the treaty that poynt concerning tolleration of Religion, yet would Queene Elizabeth binde him by such caution, that he should not require it ever after.
16. The French took not so great care and paynes for the concluding of this marriage, but some English tooke as great to hasten an other mariage betwixt the Queene of Scots and the Duke of Norfolke, whom they had by their corrupt counsailes drawne againe to that passe that, contrarie to that which hee had promised, he beganne to thinke againe of marrying with her; which was first found by these discoveries.
17. Ridolpho the Florentine, who was sent (as I sayd) into forraine Countries to solicite the Queene of Scots business, had imparted to Charles Baylife, a Netherlander, the Queene of Scots Servant, all which hee had done with the Duke of Alva, and had delivered unto him Letters written in privy Cyphers, to her, the Spanish Embassadour, the Duke of Norfolke, Rosse, and the Lord Lumley, made up all into one Packet; which Baylife brought over himselfe, though Rosse had commanded that he should leave them with the Governour of Calis to be sent over. But as soone as Baylife was arrived in the Haven of Dover, he was apprehended and imprisoned, and the packet of Letters sent to the Lord Cobham, Lord Warden of the Cinque Ports. Whereof Rosse was the first that had any notice, and hee dealt so carefully and cunningly with the Lord Cobham, who favoured the Dukes purpose, that the sayd packet was delivered unto him, and other packet made up with other waste letters delivered to the Councell; and that this also was signified to Bailife. Yet he being put to the racke, confessed some things, and amongst others that a packet of letters came to Rosse his hands. Neither was this unknowne to Rosse, who presently sent away Cuthbert his Secretary closely, and left his privy Ciphers, and whatsoever might doe hurt, abroad amongst his friends; insomuch as when Sussex, Burghley, Mildmay, and Sadlier searched his house most diligently, they found nothing, nor could wring any thing from him by questioning; who obstinately maintained that an Embassadour was not to give account to any other then his Prince. Neverthelesse hee was committed the third day after to the custody of the Bishop of Ely, and within a while after, conveighed into the Ile of Ely. Sir Thomas Stanley also and Sir Thomas Gerard Knights, and Rolston (all three above-mentioned), were cast into the Tower of London. And Henry Howard (who had aspired to the Archbishopricke of Yorke) was upon suspition committed to the custody of the Archbishop of Canterbury.
18. About this same time had the Queene of Scots sent a certaine summe of money to the French Embassadour, to bee sent over to her party in Scotland; the Embassadour delivered it to Barker and Higford, who acquainting the Duke therewith, delivered it to Browne a Citizen of Shrewsbury, one of the Dukes retayners, to be conveighed by Banister and Lowder into Scotland, to the Lord Heris. Browne being a man of a suspitious nature, and finding by the weight that hee had gold coyne delivered unto him for silver, put the same with the letters into the Councels hands. Herein the wiser sort have observed that the Duke first faulted in matter of high treason, in that hee relieved Heris and the Scots, which were proclaymed enemies and had wasted the borders of England. Hereupon was Higford carried to prison, who presently confessed voluntarily the whole matter touching the money, and withall revealed in what places he had hid the letters, and privy Cyphers, and also the Queene of Scots discourse aforesaid, under the mat and tiles. In this discourse she argued these things following, at large, That the French approved the conference begunne with the Scots, but propounded the marriage of the Duke of Anjou with Queene Elizabeth to no other intent, but that they might the more fairely deny the ayd promised for her restitution. That the same French privily opposed her marriage with Don John of Austria, and highly favoured that with Norfolke, in hatred to the Spaniards. That the Duke of Alva did so much condemne the designe for sending backe the Queene of Scots into Scotland, that hee thought it bee joyned with the utter undoing of the Queene and overthrow of the Catholike Religion in Britaine, for that the Queene, being returned into Scotland, must of necessity undergoe the danger of being besiedged, or else try the hazszard of a battell with the rebells, who with the helpe of the English would soone get her into their power before any forreine forces could come. Seeing then in Scotland she could not be safe, and out of France there was small hope, being imbroyled with warres within it selfe, he thought it the best course that she should flye to the Spaniards helpe, who had tendred her a marriage with Don John of Austria; which notwithstanding whe would refuse, having given her faith that the Popish Religion in Britaine should bee restored by Norfolke. And also that her sonne should forthwith be conveighed out of Scotland and sent into Spayne. For so should hee be kept in safty, and instructed in the Romish Religion from his very childe-hood, and withall all pretext should be taken from the Scots, which cloaked their rebellion under his name. That to sollicite these matters, and procure forreine ayde, Ridolph was to be sent away presently, who was to be privily warned, in any case to conceale these things from the French.
19. This discourse when the Councell had received, and the letters aforesayd, and other letters sent from the Bishop of Rome, and Barker being apprehended, confessed all these things, Sir Ralph Sadleir was commande to keepe a guard about the Dukes house at London (which in times past had beene a house of Charter-house Monkes). The third day after, the Duke himselfe being examined (and not knowing what his men had confessed, but supposing that the sayd discourse with the letters had been burnt), denyed all things which they had confessed. Hereupon after a day or two, namely, the 7th of September, he was to the great griefe of the people brought back againe to the Tower of London (from whence he was delivered a yeere before) by Sir Ralph Sadleir, Sir Thomas Smith, Sir Henry Nevill, and Doctor Wilson. Then Banister, who was of the Dukes counsaile for Law matters, the Earles of Arundell and Southampton, the Lord Lumley, the Lord Cobham and Thomas his brother, Henry Percy, Lowder, Powell, Goodier, and others, were committed to prison, who every of them in hope of pardon confessed whatsoever they knew.
20. As soon as the Councell produced these mens confessions, the Queene of Scots and the Bishop of Rosse their letters with the discourse, before the Dukes face, hee was marvailously troubled; but when he behild the discourse and the letters, which hee thought had been consumed with fire, hee was abashed, and brake forth into these words, I am betrayed and undone by mine owne, whilest I knew not how to mistrust, which is the strength of wisedome. But hee humbly besought the Councell to make intercession for him to the Queene, promising to conceale nothing which hee knew, and religiously protesting that he had approved nothing which might bee prejudiciall to th Queene or hurtfull to the Realme; yea, he had condemned from his heart the plottes for surprising the Queene, for seyzing upon the Tower of London, and delivering the Queene of Scottes out of custody; and that he never thought of calling forraine powers into Britaine, but onely to suppresse the Scots which rebelled against their Queene. The same day being examined upon fifty articles or thereabouts, hee concealed nothing. Then was the order of the whole matter related in the Starre-Chamber in a frequent assembly of the Nobility, the Lord Maior and the Aldermen of the City of London being present, and afterwards to all the Citizens at the Guild-Hall by William Fleetwood Recorder.
21. But whereas by all the confessions of them all, yea and of the Duke himself, the Bishop of Rosse was charged as the plotter of the matter, it was seriously consulted what should bee done with him, who was an Embassadour. For whilest hee (as the manner of that sort of men is) thought it lawfull for him to advance by any meanes the affayres of his Prince, and that by the sacred and inviolable priviledge of Embassadours hee was not to be subjected to a forraine jurisdiction, he had now a good while done many things turbulently, by giving fire to rebellion, and holding nightly counsayles with the Earle of Southampton and others, and now lastly with the English fugitives in the Netherlands, the Duke of Alva, the Spaniard, and the Bishop of Rome, for invading of England. It was therefore propounded to David Lewis, Valentine Dale, William Drury, William Aubery, and Henry Jones, most learned Civill-Lawyers.First, Whether an Embassadour which rayseth rebellion against the Prince to whom he is sent, may enjoy the priviledges of an Embassadour, and be not subject to punishment as an enemy? They answered that such an Embassadour hath by the Law of Nations, and by the Civil Law of the Romans, forfeited all the priviledges of an Embassadour, and is to be subjected to punishment. Secondly, Whether the Minister or Procurator of a Prince which is deposed from his publique authority, and in whose place another is inaugurate, may enjoy the priviledges of an Embassadour? They answered, If such a Prince have beene Lawfully deposed, his procurator cannot challenge the priviledges of an Embassadour, forasmuch as none but absolute Princes, and such as have the prerogatives of Majesty, can constitute Embassadours. Thirdly, Whether a Prince which hath come into another Prince his kingdome, and is kept under custody, may have his Procurator; and whether he may be holden for an Embassadour? They answered, If such a Prince have not forfeyted his Principality, he may have a Procurator; but whether that Procurator may be reputed for an Embassadour, that depended upon the authority of his Delegation. Fourthly, Whether if a Prince doe denounce to such a Procurator and Prince under custody, that the sayd Procurator shall from thenceforth be no longer holden for an Embassadour, whether the sayd Procurator may by Law challenge the priviledges of an Embassadour? They answered that the Prince may prohibite the Embassadour that he enter not into his kingdome, and may command him to depart out of his kingdome, if he containe not himselfe within the bounds prescribed to an Embassadour; yet in the meane time he may enjoy the priviledges of an Embassadour according to the authority to him delegated.
22. According to these answers of the learned Lawyers, Rosse being called backe from the Ile of Ely and sharply rebuked, it was denounced unto him by the Councell that hee should no longer be acknowledged for an Embassadour, but severly punished as one that had well deserved it. He answered, That hee was Embassadour of an absolute Queene, and of one that was unjustly deposed, and had according to his duty, carefully sought the delivery of his Princesse, and the safety of both kingdomes. That hee came into England with most ample safe conduct, which he had exhibited; and that the sacred priviledges of Embassadours are by no meanes to be violated. Burghley most gravely shewed him that neither the priviledges of an Embassage, nor letters of publique warranties can protect Embassadours which offend against the publique Majesty, but they are lyable to penall actions; otherwise, lewd Embassadours might assayle the life of Princes without punishment. He to the contrary obstinately mantayned that the priviledges of Embassadours have never been violated (to use his own words) via iuris, that is, By way of Right, but via facti, that is, By way of fact; and pleasantly wished them that hee might bee no sharplier dealt withall then were the English Embassadours Throkmorton in France, and Randolph and Tamworth in Scotland, who had raysed rebellions, and openly fostered them, and yet they endured no heavier matter but that they were commanded to depart within certain dayes prefixed. When they began to urge him with testimonies of Englishmen, he kindely prayed them not to doe it, forasmuch as by force of a Law, The testimony of an Englishman against a Scot, or of a Scot against an Englishmen, were not to be admitted. After some altercations whether this might take place save onely betwixt the borderers of both kingdomes, and that in causes of the borders, and whether the English Embassadours had raysed rebellions, Rosse was conveighed to the Towre of London, where, being kept very straightly, in short time he answered to all questions, with proviso that his answers should not be prejudiciall to any. The Queene of Scots he excused, for that she being a prisoner, and in the flower of her age, could not but seeke all meanes to free her selfe, seeing Queene Elizabeth excluded her from all accesse unto her, barred her from all hope of her liberty, and openly relieved her adversaries. The Duke he excused, for that he had done nothing touching the marriage with the Queene of Scots but with the consent of many of the Queenes Councell; neither could he forsake her although he had promised to do so under his hand and seale, for that there was a promise betwixt them before of a future marriage. Lastly he excused himselfe, that seeing he was an Embassadour and a servant, he could not without sinne decline from his duty and fayle his Princesse in her afflicted estate. As for the designe of intercepting Queene Elizabeth, he propounded it for no other cause but to try whether the Dukes minde were armed to undertake such an adventure. The rest of the conspiratores crimes he cunningly extenuated, but could by no meanes bee brought to tell the names of the Gentlemen who had vowed their service to the Duke in intercepting the Queene. But he confessed that by commandment of the Queene of Scots, hee had, by servants sent to and fro, advised with the Duke, Arundell, Lumley, and Throkmorton, and with the Lord Vicount Montacute by Lumley about delivering the Castles in Scotland, the hostages, and the King of Scots, into the Englishmens hands, about renouncing the title, and rendrin the English Rebels. Thus farre of these matters occuring this yeere, and all out of the confession of the Duke, and Rosse his owne discourse under his hand, sent to the Queene of Scots.
23. At this very time had Matthew Stuart Earle of Lenox, Regent of Scotland, the Kings Grandfather, summoned in the Kings name an Assembly of the Estates at Sterlyn, where, while hee lived in security, he was surprised at unawares by the Nobility of the adverse faction, who held a Parliament in the Queenes name at Edenburgh. And after he had yeelded himself to David Spense of Wormestone (who laboured all he could to protect him), hee was slaine together with him, by Bell and Caulder, after he had painefully governed the kingdome about the space of foureteene moneths for the King his Grandsonne; whilest on the one side the French King maintained the Queenes party, and on the other side Queene Elizabeth supported the Kings, not so much that theirs might overcome, as that they might not be overcome; Queene Elizabeth in a certaine hope that the young King might bee delivered into her hands, the French King in hope that Dunbritton and Edenburgh might bee rendered up to him; who grievously afflicted the Scottish Marchantes prohibiting them commerce in France, and drew many ever and anon to the Queene of Scots party, that they might enjoy their trading. Into Lenox his roome was elected for Regent by common voyces of the Kings party John Areskin Earle of Marre; who when he was no lesse tossed and turmoyled with the counsailes of his owne, then with the insultings of his adversaries, being a man of a most mild spirit, and loving affection to his Country, departed this life for very griefe, after he had governed thirteene moneths.
24. The iniquity of these times, and the love of the Estates of England (which were then assembled at Westminster) towards their Prince and Countrey, extorted a Law for preventing the practises of seditious persons, whereby it was enacted and provided out of the warrant of ancient Lawes, That if any man should attempt the destruction or bodily harme of the Queene, or leavy warre, or excite others to warre against her; if any man should affirme that shee is not, or ought not in right to bee Queene of the Realme, or that the Kingdome is more justly due to some other; or should pronounce her to be an Hereticke, Schismatike, or infidell; or should usurpe the right and title of the Kingdome during her life; or affirme that there is in any other any right to the Crowne; or that the Lawes and Statues cannot limit and binde the right of the Crowne, and the succession thereof, every such person should be guilty of high Treason. That if any man, during the Queenes life, should by any Book Written or Printed expressly affirme that any person is, or ought to be Heire or Successour to the Queene, except the same bee the Naturall issue of her Body; or should wilfully publish, Print, or Utter, any Bookes or Scrowes to that effect, he and his abettors should for the first offence suffer imprisonment for one whole Yeare, and forfeite the one halfe of his Goods, and if any should offend therein the second time, he should incurre the penalty of a Praemunire, that is, losse of all his goods and perpetuall imprisonment.
25. To some this seemed heavy, who were of opinion that the tranquillity of the Realme was to be established by designing an Heire apparent. But incredible it is what jeasts lewd catchers of words made amongst themselves by occasion of the Clause, Except the same be the Naturall issue of her body, forasmuch as the Lawyers terme those Children naturall, who are gotten out of Wed-locke, whom nature alone, and not the honesty of Wed-locke hath begotten, and those they call Lawfull, according to the ordinary forme of the Common Law of England, which are lawfully procreated of the body. Insomuch as I my selfe, being then a young man, have heard them often-times say that the word was inserted into the Act of purpose by Leicester, that he might one day obtrude upon the English some bastard sonne of his, for the Queenes naturall issue.
26. It was also enacted that they which by Bulls or other resciptes of the Bishop of Rome should reconcile any man to the Church of Rome, and those also which should be reconciled, should incurre the paine of high Trason. That those which should relieve such as did reconcile, or should bring into England any Agnus Dei, Graines, Crucifixes, or other things Consecrated by the Bishop of Rome, should undergoe the paine of a Praemunire. That they which should not discover such as did reconcile, should be guilty of concealing Treason (misprison of Treason they call it). Moreover the conviction and proscription of the Rebels in the North was confirmed, and their goods and possessions within the Bishopricke of Duresme [Durham] adjuged to the Queene and her successours (against James Pilkington the Bishop, who challenged the Royalties betweene the Rivers of Teis and Tine) for that shee had with great charges delivered both the Bishop and the Bishopricke from the rebels; yet so, as this should not prejudice the right and Title of the Church of Durresme thereafter. Against the insolency also of those, which being devoted to the Bishop of Rome, and contemning the Authority of the Lawes and their obedience to their Prince, had daily withdrawne themselves in great numbers without the Queenes Licence into Forraine Countries, to rayse innovations in the State, it was provided upon paine of losse of goods, that they should within a time prefixed returne and submit themselves; and that the fraudulent conveyances which they had made should be voyd. So much against the Papists.
27. On the other side also was restrayned by wholesome Lawes as well the covetousnesse of certayne Church-men, which (as if they were borne for themselves alone) did to the notable defrauding of their Successours, wast the Livings of the Church and let Leases for very many yeares; as also the insolency of others, which affecting innovation opposed themselves against the Articles concluded in a Synode at London in the yeare one thousand five hundreth sixty and two, for abolishing of Scismes. It was also propounded that if the Queene of Scots should againe offend against the Lawes of England, she should be proceeded against by Law as against a Peeres Wife of the Realme of England; but the Queene by her authority forbad the enacting thereof.
28. As soone as the Estates of the Realme were in the beginning of June dismissed, a Consultation was held concerning John Story Doctor of Law, the Duke of Alvas Searcher (of whom I made mention in the Yeare 1569) whether he, being an English-man borne, who in Brabant had consulted with a Forraine Prince about invading his Country, and had shewed the meanes of invasion, might bee charged with high Treason. The skilfullest Lawyers affirmed that he might. Whereuppon hee was arraigned, and being to bee charged with Treason for that he had consulted with one Prestall, a man most addicted to Magicall illusions, against his Princes life, for that he had conspired the destruction of her and the King of Scots, had cursed her daily in his Grace at Board, and had shewed to the Duke of Alvas Secretary the meanes to invade England, rayse Ireland into Rebellion, and excite the Scots to breake into England all at once. He refused to submit him to tryall, and to the Lawes of England, and affirmed that the Judges had no power over him, for that hee was not a sworne Subject to the Queene of England, but to the King of Spaine. But he was condemned according to the ordinary forme of nihil dicit (for that no man can shake off his Country wherein hee is borne, nor abjure his native soyle, or his Prince at his Pleasure), and suffred the Death of a Traytor.
29. There had beene now for certayne yeares some variances betwixt the Portugall and English Merchants, whilst the English from the yeare 1552 exercised a gainefull trading for Gold, with those Negres or Blacke-moores, into that Coast of Affrica which they call Guinea, and the Portugals which had first discovered those Coasts, did the best they could by force and Armes to prohibite them to do so, insomuch as sometimes they had conflicts at Sea, and stayed the Shippes on both sides. But Sebastian King of Portugal, who was now growne to fifteene yeares of age, to the end to procure a Peace, sent Francis Gerard into England, who entred into League with the Queene, in these Words, or the same in effect: That there should be perfect amity, and free Commerce on both sides. That neither of them should attempt any thing in prejudice of the other, nor ayde the enemies, Rebels, or Traytors of the other. That the Merchandize, Money, and Ships stayed by arrest should be restored. And that the Queene, to gratifie the King of Portugall, should prohibite the English to make any Voyage to the Seas and Lands of the Conquest of Portugall. And if they should doe the contrary, they should stand to their owne perill, in case they should bee deprived of goods and Life by the Portugalls. The Kingdomes of Portugall and Algarbe were excepted, and also the Isle of Azores, Madera, and the Coast of Barbary, in all which, free trading was allowed.
30. This yeare William Parr Marquesse of Northampton sweetly ended his Life, a man well practised in the pleasanter sort of studies, as Music, Love-toyes, and other Courtly dalliances. Who was advanced by King Henry the eight, first to the dignity of Baron Parr of Kendal, and then to the Marriage of Anne Bourchier the sole Heire to the Earle of Essex; and withall to the Title of Earle of Essex, for that the King had married his sister. And by King Edward the sixt, to the stile and Honour of Marquesse of Northampton. Under Queene Mary he was condemned of Treason, for that hee had taken Armes for the suborned Queene Jane Grey. Yet was he soone after pardoned by her, and restored to his Lands, as he was afterwards by Queene Elizabeth to his Honours. Children he had none, but left for his Heire Henry Herbert Earle of Penbroake, his Nephew by one of his sisters.
31. John Juell also tendred his soule to God, being scarce fifty yeares of age, a man of an excellent Wit, exquisite Learning, and singular piety. Hee was borne of honest Parentage in Devonshire, a most commendable Student at the University of Oxford in Corpus Christi Colledge. Under Queene Mary hee lived an Exile in Germany. By Queene Elizabeteh hee was promoted to the Bishopricke of Salisbury. In the yeare 1562 hee sete foorth an Apology of the Church of England, and in two Volumes in the English tongue most learnedly maintayned the Protestants Doctrine against Thomas Harding, who had fallen away from the same. Which Volumes are extant, Translated into Latin.
32. Ireland was at this time reasonable quiet; for Sir John Perott President of Munster pursued James Fitz-Moris, who had sacked Kilmalock, in such sort that hee was glad to hide himselfe in lurking holes neere Ardagh, and at length (as wee will shewe in proper place), drove him to those streightes that hee humbly craved pardon. Sidney Lord Deputy returned into England, and Sir William Fitz-Williams, which had married his sister, was substituted in his Name.
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