to the Romane Religion 〈◊〉 Honour and profit too For certainely there was at this time a great hope nurst vp at Rome that it would come to passe that they in England would dealâ— more fauourably with the professours of Poperie who now might returne home againe and both preserue their Religion and also disperse and sow it abroad also with lesse danger then before Also he esteemed that a conclusion of this peace would be no lesse glorious to him then the discouery of a new world was to his ancestors That the inferiour Princes now should be more obserâ—eable in all respects towards him if once he were not incumbred with any warre and so hee might set an Arbiâ—ator ouer all the world The profit that thereby hee expected was that the States of Holland and Zealand would presently then be brought to reasonable conditions That hee should saue the charges of maintaining his warres there and of conâ—eighing home his Nauie from the Indies yeerely That they returning safe euery yeere would shortly infinitely inrich 〈◊〉 That the English by degrees would neglect their Nauigations when once they inâ—reaâ—ed 〈◊〉 their estaâ—es with the Spaniards wealth and so that at length being rockt in a long peace disaccustomed to warre either by sea or land they might the easier be inuaded on a sudden Although the Queene was not ignorant of these things yet after mature deliberation adiudging this Peace commodious and honourable both to England and her credit hauing been lately importuned to it by the French King left it to his disposing that he should appoint both the time and place of meeting The King of France appointed May the time and Bolonia a sea coâ—st of France anciently called Bononia the place But when it was foreseene that likely there would arise a contention or question about prioritie of place in sitting or going betweene England and Spaine some men were selected that should make enquiry into that matter They obserued out of the booke of Ceremonies of the Court of Rome which as the Canons say like a Ladie Mother and Mistresse directs others that among the Kings Temporall the first place was due to the King of France the second to the King of England and the third to the King of Casteell That the English quietly enioyed that place in the Generall Councells of Pisa at Constance and at Basil too although the Embassadour of Casteell somewhat vnmannerly opposed himselfe in the last Besides that Casteell which Title the Spaniard preferreth before all his other to bee the King of is but lately a Monarchie in respect of England and that it had neither Earles nor Kings before the yeere of Grace 1017. and that those Kings are not anointed Moreouer they found that the King of England is reckoned the third amongst those Kings that are titled Most Illustrious and the Spaniard is reckoned the fourth Also that Pope Iulius the third Bishop of Rome gaue sentence for Henry the seuenth of England against Ferdinand King of Casteele Also that the Queene of England is more ancient both in yeeres and Reigne and therfore before the Spaniard by their owne argument at the Councell at Basil vsed by the Spaniard against Henry the sixt King of England Lastly the Lawyers with one accord generally pronounced that that Precedencie whose Originall exceeds the memory of man is to bee reckoned as constituted and so ordained by Right Besides they obserued that in the first Session of the Councell of Trent vnder Pope Paul the third when there was one and the same Embassadour of Charles the fiâ—t Emperour who was also King of Spaine and that that Embassadour tooke place of the French by reason of the Emperors right that since the Spaniards haue arrogated to themselues the prioritie not onely by the vertue of the Emperour but as they are Kings of Spaine because none euer contradicted it And at that time the English found great want of discretion in the French Embassadour because hee contradicted them not and made no publike contesting with the Emperours Legate if so be he had made as he tooke place of him in right of the Spaniard and not the Emperour Besides they noted that the Spaniard by reason of his large vast dominions spread far and neere by reason of his power ouer other Princes and his Merits from the Church of Rome of whom hee well deserues and by reason of prioritie before the French stolne in the Councell of Trent would challenge his higher place to himselfe But let vs omit this On the day appointed at Bolonia came for the Queene Henry Neuill the Leager in France Iohn Herbert newly made one of the Secretaries Robert â—eale Secretary to the Northren Councell and Thomas Edmunds the Queenes French Secretary For the Spaniard came Balthasar Ds. de Zâ—niga Fonseca one of the priuie Councell and Embassadour in the Low-Countries Ferdinand Carill of the order of S. Iames and Counsellour to the King at Casteele For the Arch-Duke came Iohn Richardot President of the Councell and Lodouike Verre-Keiâ—e chiefe Secretary The Instructions of the English were that before all thingâ— they would haue great care to the kingdome and the Queenes honour safetie and profit As concerning the Honor that in no case they giue the more Honourable place to the Spaniard but directly modestly and from the foresaid arguments challenge it themselues If so bee the Spaniard would not condescend that then the English should not altogether preferre Honour before Profit but propose some meane and equall debatement as this to cast lots for the prioritie of going or sitting first Then as concerning the safety and profit of England and the Queen that they should haue a care that no cosenage or deceit be put vpon England or the Low-countries in their trafficks That the English may haue libertie to trade at the Indies by reason that was granted before in the Treatie 1541. in all the dominions of Charles the fift but especially in those places where the Spaniards are themselues seated and peopled also to trade with all the Indian Princes that are vnder the Spaniards gouernment That first the Spaniard should propound their Conditions because they inuited the English thither to a Treatie That they should not speake a word of the Rebels and Run-awayes who according to the ancient Leagues made with the Burgundians were to be driuen out on both sides and restored againe to those with the French But if so be they should propose that that they should tell them that there are no Low-countrey men in England besides the Merchants and handy-crafts-man but that in the Low-countries the English are hired with Pensions to breed stirres and commotions The Copies of their Delegation being on both sides exhibited to each other the Spaniards tooke exception at that of the Queenes against the Epithite Most Illustrious in the title of the Arch-Duke who being as they said descended from Sacred Emperours and was both sonne in law
of being impudently vnmannerly who finding his Arme stronger then his Cause pull'd the Embassador of the King of England out of his seat which he had taken on the right hand of him and there far himselfe as Embassadour of Casteele Nam cum Henrici Regis Angliae Legatus saith he dexteram occupasset suâ validâ dextrâ eum à loco divulsum dejecit ibidemque ut Legatus Castellae sedit ut rem gestam etiam memoriae prodidit Ferdinandus Pulgar cap. 8 Illustrium virorum Valdesius de dignit Hispaniae in prooemio pag. 14. Pag. 371. Lin. 23. By appealing to the Court of warre Although in rendring the Latine words after this manner I followed the aduice of so discreet a iudgement that I might almost better errare with it then with another benè sentire yet hauing vpon stricter examination found that the words beare another Translation I shall willingly acquaint the Reader also with it It seemes the words ad Cameram Castrensem should not haue beene translated to the Court of Warre as they are in the body of this History but they should be rendred thus to the Chamber at Castres as appeares by part of a Letter sent by the Duke of Bouillon to the King in this businesse which I found thus translated I Most humbly beseech your Maiesty to send my Accusers and my Accusations thinking the imputation which is laid vpon me heauy and the time tedious vntill your Maiesty may be fully satisfied of mine innocency For the speedy effecting whereof I will attend at Castres the iustification of my Fault or Innocency iudging that the time which I should haue spent in going to your Maiesty would haue but prolonged the affliction of my soule remayning accused seeing that your Maiesty was to send me backe to the Chambers to condemne or absolue me being the Iudges which your Edict hath giuen me That it would therefore please you to relieue my minde speedily in giuing me the meanes to make my innocency knowne and that by this proofe you may rest assured of my faithfull seruice and I of your fauour the which shall be aboue all things desired of your most humble most obedient and most faithfull Subiect and Seruant Henry de la Toure Pag. 379. Lin 8. I acknowledge and aske pardon This is not Tir-Oens submission verbatim collected neither was it done as it is here specified before the death of the Queene For the Queene dying on the 24. of March the Lord Deputy Montioy vnderstood thereof not till the seuen and twentieth So vpon the 28. day the Lord Deputy being at Mellifant wrote to Sir William Godolphin to cause Tir-Oen to dispatch his comming to submit himselfe which he presently did hauing met Tir-Oen on the 29. of March at Toker some fiue miles beyond Dunganon On the 30. of March Tir-Oen and all of them came to Mellifant in the afternoone where Tir-Oen admitted into the Lord Deputies Chamber submitted himselfe vnto him but the next day signed this submission following with his own hand and deliuered it vp to the Lord Deputy The forme was thus I Hugh O-Neale by the Queene of England France and Ireland her most gratious fauour created Earle of Tir-Oen doe with all true and humble penitency prostrate my selfe at her Royall â—eet and absolutely submit my selfe vnto her mercy most sorrowfully imploring her gratious commiseration and appealing onely to her Princely clemency without presuming to iustifie my vnloyall proceedings against her sacred Maiesâ—y onely most sorrowfully and earnestly desiring that it may please her Maiesty rather in some measure to â—itigate her iust indignation against me in that I doe religiously vow that the first motiues of my vnnaturall rebellion were neither practise malice or ambition but that I was induced first by feare of my life which I conceiued was sought by my enemies practise to stand vpon my guard and afterwards most vnhappily led to make good that fault with more hainous offences which in themselues I doe acknowledge deserue no forgiuenesse and that it is impossible for me in respect of their greatnesse in any proportion euen with my life to make satisfaction I doe most humbly desire her Maiesty to pardon them that as I haue already beene a sufficient argument of her Royall power hauing little left but my life to preserue it selfe so that it may now please her Maiesty to make me an example of her Princely clemency the chiefest ornament of her high dignity And that I may bee the better able hereafter with the vttermost seruice of my life to redeeme the foulnesse of my faults I do most humbly sue vnto her Maiesty that she will vouchsafe to restore me to my former dignity and liuing in which estate of a Subiect I doe most religiously vow to continue for euer here after loyall in all true obedience to her Royall Person Crowne Prerogatiue and Lawes and to be in all things as farre and as dutifully conformable thereunto as I or any other Noble man of this Realme is bound by the duty of a Subiect to his Soueraigne or by the Lawes of this Realme vtterly renouncing and abiuring the Name and Title of O-Neale or any other authority or claime which hath not beene granted or confirmed vnto me by her Maiesty and that otherwise by the Lawes of this Realme I may not pretend iust interest vnto And I doe religiously sweare to performe so much as is aboue mentioned and the rest of these Articles subscribed by my owne hand as farre as shall any way be in my power and to deliuer such pledges for the performance thereof as shall be nominated vnto me by the Lord Deputy I doe renounce and abiure all forreigne power whatsoeuer and all kinde of dependancy vpon any other Potentate but her Maiesty the Queen of England France and Ireland and doe vow to serue her faithfully against any forreign power inuading her kingdomes and to discouer truly any practises that I doe or shall know against her Royall person or Crownes and namely and especially I doe abiure and renounce all manner of dependancy vpon the King or State of Spaine or Treaty with him or any of his forces or confederates and shall be ready with the vttermost of my ability to serue her Maiesty against him or any of his forces or confederates I doe absolutely renounce all challenge or intermedling with the Vriaghts or fostering with them or other neighbour Lords or Gentlemen out of my Countrey or exacting any Blacke Rents of any Vriaghts or bordering Lords I doe resigne all claime and title to any Lands but such as shall now be granted vnto me by her Maiesties Letters Patents Lastly as the onely being a Subiect doth include all the duties of a Subiect so will I be content to be informed here and aduised by her Magistrates and will be conformable and assisting vnto them in any thing that may tend to the aduancement of her seruice and the peaceable gouernment of this Kingdome as namely for the
Allan with other Iesuites had deuised and sought to accomplish plots mischieuous both to Prince and people for which cause the said Cardinall was banisht the Realme yet notwithstanding that the Earle maintained an intercourse of letters with him still in some whereof he assured him of his vtmost indeauour for promoting the Catholique cause which words he argued could admit of no milder exposition than an inuasion of England The Earle made answere that by promoting the Catholique cause he meant not the subuersion of the Realme as they fancied but onely the conuersion of as many Proselites as he could The Queenes Atturney Popham vrgeth against this the confessions of Sauage Throgmorton and Babington out of which hee made his illation that by those words the Earle meant an inuasion of England by force of armes Soutlâ—worth Sergeant at Law hauing alleadged the Statutes lately made against Iesuites and Seminary Priests begins to vnfold the secret mischieuous purposes of sending Iesuites ouer into England concluding them to bee Traytors from a testimonie taken from the Earles owne mouth who when Valâ—ngers case about the Libell was tried in the Starre-chamber openly affirmed that he that was throughly a Papist must needes bee a Traytor aggrauating the matter with these circumstances beâ—ides that the Earle had entertained such men notwithstanding into his familiar acquaintance and that also he had reconciled himselfe to the Romane Church and tendred obedience to that See This reconcilement the Earle earnestly denied beseeching them that testimonie might be produced for confirmation but they produced none but himselfe who hauing formerly granted them that he had beene confessed his sinnes by Burges the Priest gaue them occasion to vse this argument against him he that is admitted to the vse of the Sacraments of the Church of Rome must first be reconciled to that Church but he had beene admitted by Gratley a Priest to the vse of the Sacraments of the Church of Rome and therefore they concluded his reâ—oncilement Heere Popham with as great vehemency of words as multipâ—icitie of matter argueth his reconcilement from his owne letters from his resolution to depart the Realme and from his continuall being thus at the Cardinals becke thence concluding him guilty of treason and afterwards producing letters of Gratley and Morgan to the Queene of Scots taxed him as if he professed the Romish religion not out of conscience but as a colour for his discontents if they should chance to break out into open rebellion After all this was produced a little picture fouÌ„d in the Earls casket on the one side wherof was a handshaking a Serpent into the fire with this inscription Si Deus nâ—biscum quis contra nos that is If God be with vs whâ— can be against vs On the other side a Lion rampant with his tallents cut off but this motto Tamen leo that is I am yet a Lion To this he addâ—d that the Cardinâ—lâ— exhortation to the contrary diuerteâ— his â—esolution of departing the Realme alledging that hee might doe the Church of Rome better seruice at home than he 〈…〉 Likewise that in a letter sent the Queene he had bitterly traduced and sorely calumniated the legall proceeding of the Realme especially in the sentence of death both of his 〈◊〉 and Grandfather that the Queene of Scots had commended him to Bibington as a fit man to be the Chiefe Heade of all Catholiques That Cardinall Allan plainely intimated that the Popes Bâ—ll was procured by the meanes of a Great man in England whâ— must necessarily be the Earle himselfe since none of all the nobilitie was guilty of that familiaritie with him which the Earle by letters daily increased and augmented Then were read the confessions of William and Margaret brother and sister to the Earle Likewise some of his owne letters which he wrote when he resolued a departure of the Realme euery one magnifying euen to admiration the clemencie of the Queene who at that time qualified his offence of treasâ—n with a triuiall imputation of a bare contempt only To these things the Earâ—e heere and there mingled an answer as that the picture was a small ordinary trifle and the gift of one of his seruants That indeed he assured Cardinall Allan of the extremity of his indeuours but yet neither against Prince nor people That whatsoeuer he had formerly written concerning the iudgement pronounced either against his Father or Grandfather the Chronicle was better able to 〈…〉 Then were read certaine letters of the Cardinall Allan to the Queene of Sâ—ots and others of the Bishops of Rosse since the time of his intended flight concerning a fresh inuasion of England After that the Bull also of Sixtus Quintus and many sentences gleaned out of the Cardinals admonitions to his Countreâ— men in England the yeere before printed at Antwerpe The Title also of Philip Duke of Norfolke found in some scattered papers was layd to his charge by reason indeed that the Cardinall not long since had exhorted him to vse a Higher Title and aâ—l this to prooue him guilty of Treason before his imprisonment But Egerton the Queenes Sollicitor hauing compendiously collated all the premisses doth vndertake to conuince the Earle of Treason likewise since his imprisonment and that at three seuerall times as first before the Spanish Nauie came by wishing a fortunate successe vnto it then at the very time of the Nauies comming by causing Seruices Prayers and the Masse of the Holy Ghost to be sayd full foure and twenty houres without respite for the prosperity thereof and lastly at the time of its shamefull flight by more then ordinary griefe bewayling the misery of so vnexpected fortune The testimonies to confirme these allegations were â—aken 〈…〉 The Earle indeed denied not the saying of Masse or prayers but the end thereof as they imagined his end being only to diuert the cruelty of that slaughter which hee 〈◊〉 was threatned Catholiques But what Gerarâ— affirmed hee constantly denied and adiuring him by the terrour of the fearefull day of iudgement either so distracted his memorie or quickned his conscience that he accused none more than himselfe of folly in speaking little or nothing to the purpose What Bennet witnessed the Earle sought to suppresse the beliefe of by producing to them palpable contradictions which his whole confession was in a 〈◊〉 clad with and for the rest as being men partly condemned partly dissolute in their life and partly of small credit he not so much esteemed of their testimonie as traduced that courtesie which hee thought allow'd him companie the better to entangle him This peremptorie slighting and disreputing of the witnesse that came for the Queene being 〈…〉 with some reprehension the Queenes Sollicitor gave them notice to heare the words of the ancient law of Richard the 2. read wherein is declared that the Crowne of England is vnder no Iurisdiction except onely Gods and that the Bishop of Rome hath no right either in or ouer the same After which time
feare of God and the loue of their King to pursue these Consulters after an hostile manner till such time that they either willingly submit to come to triall or fly out of the Kingdome And that he made the more haste to the prosecution thereof because the Spaniard was euen vpon arriuing and landing in Scotland Wherefore he humbly entreats the King exâ—orts the Nobility commands the people that forthwith they ioyne armes with him in this so godly iust and so necessary a cause demanding the authority besides of the Magistrate to further the prosecution of this enterprise Concluding that whosoeuer assisted these Counsellers with helpe should be punished with great seuerity To this purpose he sends his Letter to the Synod which at that time was at Dunbarre aâ—d also hee sends it to the English Embassadours for indeed both these were said to fauour his designes and not very obscurely He on the very same day that hee had vnderstood that the Kings forces set forwards from Edinborough which was scarce three miles off parted in two his Troupes and set forth out of Leeth But being vnequall to the Kings forces by reason that very few flockt to him euen since his publike Edict hee being skilfull enough how to eschew danger as mischieuous to intend it seekes all byâ—places and once hauing set on the Kings forces vpon a steepe hill droue them backe hauing taken some few of them but not any man killed Keeping his order he retreats to Dalkeeth and from thence being pricked with the conscience of a Rebell he betakes himselfe to his accustomed lurking-holes in the confines of the Realme But the Queene forbad by Proclamation any man neere the borders of Scotland to entertaine succour or assist him And this was very acceptable to the King who on the other side to shew his desire of requitall assembled his Peeres in Parliament for the banishing of these Popish Earles and Nobles of the Realme The Nobility but few being met yet all refused to giue their voices against them in respect that although it were true that they had sent such Papers into Spaine yet nothing but onely bare coniectures could be gathered from thence what their intents might be Yet for all that the number of the Clergy men and Burgesses making a plurality of Voices they were all banished the Realme Their Coats of Armes and Badges of Gentility according to the custome of Scotland were broake and cast out of the windowes of the Towne-house and their banishment publikely proclaimed by a Herald Afterwards the Earle of Aâ—gile was sent out with forces against those Earles but hauing receiued of them an ouerthrow in a set battaile at Genliuet the King himselfe after many tedious and difficult iourneies comes thither and there suffereth the Eaâ—le Huntlies Houses at Strathbolgie Slanie and Newton to be quite demolished Shortly he brought the Earles to that passe that Huntley first withdrew himselfe to his Aunt the Countesse of Sutherland and afterwards was compelled to bee gone into France and the rest to change their soile And so it came to passe that the mutuall good will that was betwixt the Queene and the King of Scotland his setled constancy in Religion which could neuer be battered by the meanes the prayers the promises or the subtill practises of the Papists the seuere lawes against the Iesuites and men of that faction the punishment maturely inflicted on Graham Fentree one of the fauourers of the Spanish party the supreame authority in spirituall matters conferred vpon the Prince by Parliament and their mutuall endeauours against the growth of Papistry all these I say did so shake the very hopes of restoring Romish Religion in England and in Scotland which the Iesuites had long conceiued that some of them began to deuise new plots and to try since they could not immediately estate their Religion in its former honour if they â—â—uld at last estate some Professour of the Religion in the â—â—rone of England which so might both countenance and protect it But when the disagreeing multitude of them could not meet vpon one person fit to their purpose a great while at last they reflected vpon the Earle of Essex in whom although he were no Romish Catholike yet they expected a well-qualified temper of Religion because his clemency draue him to a perswasion that in case of Religion men should not suffer death The right of inheritance which they â—eigned for him was drawne from Thomas of Woodstock the Son of Edward the 3 from whom hee descended But the runnagates and fugitiues stood hardly for the Infanta of Spaine although they feared that the Queene and the Court of Parliament would preuent that by making euery one take the oath of Allegiance Not long after came a booke out dedicated to the Earle of Essex vnder the belyed name of Dolman but not without the notable malice of Parsons the Iesuite against this Dolman a Priest but of a milder disposition if I may beleeue the Priests for the Authors of that booke were Parsons a maine enemy to Dolman Cardinall Allan and Francis Inglefield In this booke â—etting at nought the right of Birth they only discourse of changing the Lawes of the Realme allowing hereditary succession in the Kingdome of England of bringing in a new manner of election and lastly that no man should be admitted King of what neernesse in bloud soeuer he were of except he were a Roman Catholike In the same they most contumeliously traduce most of the Kings of England that many were not Legitimate or at least vncapable of the gouernment of the Kingdome Besides they teare to pieces the most certaine Right of the King of Scotland and seeke to deriue the Right of succession vpon the Infanta of Spaine because she was a Roman Catholike But oh I am amazed to say how falsly it was affirmed by such as they were since the lips of the Priests should preserue knowledge and since they should stand hauing their loynes girt with truth The colours that they vsed for her right were many First Because she as the Booke saith descended from Constance the Daughter of William the Conquerour from whom she drawes her pedigree This Constance was wife to Alane Fergant Earle of Britaine yet notwithstanding Gulielmus Gemeticensis one that liued about that time in his last Booke beareth witnesse that this Constance died without any Issue and so say all our Chroniclers of Britaine with one accord Secondly Because she drawes her parentage from Elenor the first-borne of King Henry the second married to Aâ—phonsus the ninth King of Castile But that not Eleâ—or but Matilda wife to Hâ—nry Leo Duke of Saxony the Mother of Otho the fourth Emperour was the first-borne to the said Henry Pope Innocent the third will giue vs to vnderstand as it is in Mathew Paris pag. 381. whom also Robert Abbaâ— de Monte Michaelis who was her Godfather writes to haue beene borne in the yeare 1162. Thirdly Because she descends
Ecclesiastical causes searching out all poore widows and Papists houses They took away almost by way of robbery al Vessels Chains Iewels or any thing that bare vpon it the picture of Christ or any of the Saints They seuerely exacted the allowance by the way due to Apparitors and cousened many poore silly fearefull people of their money that they might not appeare before the Magistrates Some of these being taken were compelled to restore againe what they had thus robbed men of and were set in the Pillory their eares clipped off and branded in the forehead as cheaters and couseners Yet for all this this seuerity could not keepe vnder this villany that had spred abroad vntill publique notice came that Apparitors should not demand their Viaticum before those that were cited did appeare and the Apparitors also with them before the Magistrate If that many were cited by the same Commission vpon one and the same day the Apparitors were also to be present If that any man that was cited suspected his Apparitor hee might warne him before the next Iustice of Peace to be examined that it may be knowne whether he be one or no. They who were cited vnder paine of excommunication were not to bribe the Apparitor that they might not appeare Also that the Apparitors take no such bribe vnlesse they would lose their places be imprisoned and lyable to seuere punishments This yeare returned Thomas Arundell of Wadour whom the Emperour created Earle of the Holy Empire and all and euery one of his Heires his Posterity and those that shall descend from him lawfully begotten of either sex Earles and Countesses of the Holy Empire for because the Queene in her Letters had commended him as her kinsman and because he had deserued so great an honour in his braue behauiour in the Hungary warre against the Turke This title whosoeuer is master of are said to enioy by vertue thereof these priuiledges that in all Imperiall Diets they haue both place and voyce they may purchase Land in the Empire they may muster vp Voluntaries and need not to appeare being cited to iudgement but onely in the Imperiall Chamber When he after his returne grew somewhat famous among the common people by reason of this Title there arose vpon it a question presently whether a Subiect ought to admit of any such Honour or Title from a forrâ—ine Prince his owne Prince being not acquainted with it There were indeed those that thought that such rewards for valour were to be allowed of from what Prince soeuer they were bestowed by reason that vertue growes lanke without her rewards of merit vrging the example of Henry the third King of England who very thankfully acknowledged Reginald Mohune made Earle of Somerset by the Apostolike authority of the Bishop of â—ome Also of Henry the eight who did so congratulate Robert Curson whom Maximilian the first Emperour had created Lord of the Holy Empire for his warlike valour that he reckoned him amongst his Lords of England and allowed him an annuall pension for the better maintenance of his dignity Besides they vrged some braue Scottish Souldiers as of Archibald Duglasse of Wigtone who receiued the Title of Duke of Tours from the French King and of Iohn Steward who was by the King of France made Earle D' Euereux that the Scottish kings esteemed this as an honour to the Nation But the Lords of England imagining that this would bereaue them and their Heires of some of their prerogatiues if so be they and their Heires were to giue place to such an vpstart Lord and his Heires for euer argued against it thus that such Titles of honour are neither to be receiued by the Subiect nor to be allowed of by the Prince That it is the property of the Prince for to conferre honours vpon his owne Subiects and not for any Forreiner to doe it according to the words of Valerian the Emperour LEt that be onely an Honour which is bestowed by our command Vrging that there is a great detraction both from the Maiesty of the Prince and the dutie of the Subiect if they may be tolerated to receiue Dignities from Forreiners For there must needs be a secret allegiance betweene him that is honoured and the party honouring That these kinde of Titles are nothing else but a cunning sleight to prefer men out of the obedience to their Prince to any strange Forreiner That there may be an action of theft against him that shall brand another mans sheepe with his marke Also that there may be an action of cousenage and deceit against him that shall spread abroad fodder to entice another mans sheep into his flocke And although mighty Princes are not bound to these Lawes yet are they by the equity of these Lawes and the Law of Nature As in the Citie and Common-wealth of Rome no man could be a Citizen of that and any other City whereupon Poâ—peius Atticâ—â— refused to be reckoned as a Citizen of Athens lest he should lose his right in the Citie of Rome So in the Common-wealth both of Venice and Genua whosoeuer receiue a Spirituall diginity from the Pope or any Temporall one from any forreine or strange Prince is held suspected of his Loialty and suspended from the vndertaking of any office publike Concerning the obiections they answered that indeed it might come to passe that Henry the third out of his simplicity and the times iniquity might allow of Reginald Mohune thrust into an Earledome by the Pope when as his Father hauing beene excommunicated and threatned depriuation was compelled to acknowledge himself the tributary King of the Pope of Rome and yet it appeareth vpon Acts and Records of those times that Mohune was not accounted as Earle of Somerset Concerning Henry the eight they made answer that he therefore accounted Curson as one of his Lords that he might obscure that shadowy title of Lord of the Holy Empire but withall obseruing that hee allowed him no voyce in Parliament But as for the Scots that it was no wonder if they receiued and allowed of honour from the French when they shew themselues to bee vnder the tuition of the French Floure-de-luce by their Kings armes and the Floure-de-luce therein Many indeed esteemed an Earle of the sacred Empire of no better ranke then a publike Notary as they esteemed all the Counts and Viscounts of the Holy Palace at Lateran created by the Pope or the Kings Physitians Lawyers Grammarians or Rhetoricians who hauing professed 20. yeares boasted themselues with the title of Count Palatines but we know that the Count Palatine is an honoured title and hath Princely iurisdiction in it's owne courts in Fees and fading heredities THe Queenes censure was that as a woman should not follow any man but her husband so a Subiect should not receiue any thing but from his owne Prince I would not sheepe my should be branded with anothers marke neither would I haue them to
was wounded first in the leg and then in the thigh afterwards drawing towards the shoare his horse fell vnder him he also lying downe vpon him till he was helped by Drury and Higame and put vpon Drury's horse and in good time for the enemy was neere hand Vere coming thâ—ther found his Brother Horatio with three huâ—dred foot where he commanded the Ordnance to be discharged vpon the enemy his Squadrons and that of Baely to set vpon them and his Brother Horatio to be at hand with the foot who all so violently beat vpon the enemies with their shot that they droue the enemy to flight Many in the flight were slaine in all about nine thousand There were taken the Admirall of Arragon Vigilare Sapena and many more of great note and Nobility The Arch-Duke himselfe was sore wounded Duke Aumale also and Alphonsus Dauales Master of the Campe Rodericke Lasso and many more But let the Writers of the Low Country affaires report these things at large It is enough for me to speake this out of Veres owne obseruations who hath left to vs to consider what the valour of the English was amongst one thousand fiue hundred of them that there were but eight hundred slaine and wounded and eight Commanders lurking and all but two wounded The Spaniards were very loth to attribute their losse to the valour of the English but were contented rather to impute it to the greater number of them or to their toilesome wearinesse by reason of their exceeding long iourney or to the Sunne or the winde that blew the dust and sand in their eyes or to the lasinesse of their owne Horsemen Amongst the English they that best deserued in this seruice were Francis and Horatius Vere brothers Edward Cecill Calisthenes Brookes Thomas Knolles Daniel Vere Iohn Ogle Yaxley Fairfax Valuasour Holcroft Denis Tirrell Hammund Sutton Foster Garnet Morgan and Scot. In this yeare also as in the former betweene the English and French on both sides complaints were heard concerning Prizes which were become very many by the mutuall insolence of their Pirates but by the care of Thumer Boisisse a graue man and then French Embassadour IT was agreed on that the Subiects of both Princes should be mutually protected in the lawfull exercising of Merchandize according to former Treaties that sufficient heed might be taken concerning the sending out of Merchants ships and others with warlike prouision and Letters of Mâ—rt to wit with double quantity of furniture and victuals but of the single prouision of those ships without Letters of Mart also that the Officers of the Admiralty should be bound to answer for all iniuries happening by their fault if they had receiued none of a lesse conuenient charge That care should be taken for the costs of Merchants That if possible their cause may be dispatched within six moneths That in actions legally â—egun hereafter might be pronounced soundly That sureties shall onely discharge the stipulation satisfying the Creditor if iustice be denied three moneths after the demand of the Prince or Embassadour there reâ—ident That Letters of Mart shall be graâ—ted That no Armour or warlike munition of any sort be transported into the Spanish Dominions if any thing be taken or detained by the Kings Subiects the randsome not payd That care might be taken by both Princes that in due time the iust randsome may be payed That ships sent forth by the immediate command of the Prince or assigned by the gouernours of the Kings Nauie to publique warres may be accounted the Kings ships if any thing be by them committed that either Prince take care for the administring of iustice That Letters of Mart be nâ—t onely suspended but on both sides called in That Prâ—clamation be made that neither diuision transpartation or alienation of taken goods be suffered That no man may either by them receiue them or conceale them vnlesse by the Iâ—dge of the Adimralty they be thought a lawfull prey That Pyrats should not be receiued into Cities Ports or Villages or suffered to tarry not laid hands on and bound ouer That they be present vpon paine of lawfull punishment and make restitution notwithstanding with this protestation That these things be not otherwise construed but if any thing be repugnant to ancient Leagues that nothing be vnderstood derogatiue from them but because of the iniury of these times That there may be better heed taken against the depredation of Pirates That this may be taken onely by the way of prouiding vntill a larger Treatie may be held concerning these seuerall Articles for the commodity of each Prince Controuersies also arose concerning the new impositions put on English Merchandize contrary to the Treaties of Blois concerning English cloath deceitfully made not without the discredit of our Nation the Queene also requiring the money she lent to the French King and part of it was repayed withall tokens of thankfulnesse Not onely in France arose a fresh controuersie but also in Denmarke concerning the traffique and their fishing on the shore of Norway and by Island In the former yeare the Danes being angry with this fishing and the English Piracy suddenly set vpon the English of Hull fishing not farre from Norway confiskated their ships and goods to a great value and put their Marriners to the racke hauing caused this punishment to be denounced two yeares before in England with an interdiction of fishing These things the cause vnknowne the Queene tooke heinously and as proceeding from an enemy who neither respected her person or Subiects or his owne ancient League she mediated for the men of Hull in Letters sent by Stephen Leisere and Thomas Ferrar acknowledging that Whitfield and Bernicke had verbally pretended that that fishing by Island and Norway was vsed of the English contrary to their League but of this that they had shewed no proofe she taught also that many priuiledges of fishing were granted to the English by the ancient Kings of Norway before the coniunction of Denmarke and Norway and that the same were confirmed by Iohn and Christianus Kings of Denmarke which was affirmed out of the Treatie with Iohn that licence of fishing from seuen yeares to seuen was to be asked she answered that it had beene omitted many yeares of them that the Danes were in fault not the English for vntill the expulsion of Christierne their King in the yeare 1521. this licence was asked since then that neither Fredericke the Kings great Grandfather nor Christian the Grandfather nor Fredericke the Father had enacted it who in the yeare 1585 promised by his Letters that if the English abstained from iniury they might enioy the liberty which formerly they had without any asking leaue wherefore that now the English were vniustly dealt withal since that of late they had not refused to aske licence from seuen yeares to seuen as before also the most famous Lawyers had iudged the Sea to be common not to be interdicted of any Prince by the Law of
whither or no the Queene were ready to goe to Supper or whether any of the Priuy Councell were there There being taken and then examined the next day being condemned by Crosses witnesse and his owne confession he was hanged at Tyburne and there indeed he confessed that he had beene a very wicked lewd fellow but in this cause very innocent protesting that he neuer thought any thing in his life against the Queene This execution indeed might another time haue beene longer deliberated on but in these times necessity required such wholesome seuerity And well was it to shew how they would punish treason though perchance they hanged no traitor And now presently after all their assemblies and consultations at Drewry house were reuealed by one of the conspiratours enticed it is likely with hope of his life but who it was certainly I cannot tell And this when the rest being examined perceiued to be found out thinking also that all was knowne and counting it a foolish secrecy to conceale that which was already knowne hoping for no benefit of concealing reuealed all Hereupon Essex and Southampton who thought that all was safe enough were arraigned the 19. of February at Westminster before the Lord Buckhurst Treasurer of England Lord Steward for that day Their Peeres were the Earles of Oxford Nottingham Shrewsbury Darby Worcester Cumberland Sussex Hertford and Lincolne Viscount Howard of Bindon the Lords Hunsdon De-la-ware Morley Cobham Stafford Grey Lumley Windsor Rich Darcie of Chech Chandoys Sir Iohn of Bletnesh Burghley Compton and Howard of Walden which was then Constable of the Tower of London Besides Popham Lord chiefe Iustice of England Periam Lord chiefe Baron of the Exchequer Gawdy Feâ—ner Wamsâ—ey Clarke and Kingsmill These all being called by name Essex demanded if it were not lawfull for him as it is for a priuate man in the like case to take exception against any of them But the Iudges made answere that the credit and truth of the Peeres of the Kingdome of England is such that in any Law-case or iudiciall causes they can neither be put to their oath nor yet excepted against Then are they ioyntly demanded wherefore they intended to dispossesse the Queene of her Throne and take away her life from her which they intended in their resolutions of assaulting the Court of breaking into an open rebellion and of imprisoning the Priuy Councellours of stirring the Londoners to a rebellion and of setting vpon her Maiesties trusty Subiects in the City and by defending their houses against the Queenes forces They being demanded whither or no they were guilty of these crimes denied and submitted themselues to God and their Peeres Eluerton at large vnfolds the matter shewing that it is to be reckoned as treason euen to thinke any thing against the Maieste of a Prince Then he compares Essex with Catiline by reason that he heaped together in his rebellion men of alâ— sorts Atheists Papists and the wickedest that were Then he casts in his teeth the liberality and goodnesse of the Queene towards him that had bestowed vpon him an vndeseruing young man such vntimely honours accusing him for abusing them by hunting after popularity and the loue of Souldiers in an vnsatiable ambition of glory which neuer stinted but still like the Crocodile growes as long as it liues Then he shewes that he much wonders that the Earles would pleade not guilty when all the world could giue euidence of their offences Sir Edward Coke Solliciter shewes them out of Fitzherbert an English Authour among the Lawyers that the very inward thought of any villany against the Prince was indeed treason although not to be iudged so till it brake out into Word or Act. Then he shews that they intend the destruction of the Prince who run into rebellion who draw together an armed Band who being commanded to dismisse them refuse or who thinke of bringing the City the Tower or the Court or the Prince vnder their owne power Then hee runnes thorow all the graces and fauours of the Queene bestowed vpon him That she had made him Master of the Horse and warlike Engines That she had chosen him into her Priuy Councell That she had made him Earle Marshall of England and Lord Deputy of Ireland and that in a small time she had most munificently giuen him thirty thousand pounds of English money Then hee reckons vp the imprisonment of the Priuy Councellours the threatnings against them the feares they were put in and then he obiects his acquaintance to him with Danuers Dauis and Blunt all addicted to Popery Then shewed he how that they chose rather to goe into the City then come to Court because the glorious light of Maiesty glittering in the Queene would haue so blinded the eies of their treachery and treason that they would neuer haue dared to haue come neere Then he commends their confessions which came out voluntary and not being wracked out and also for the coherence of one with another and hauing wouen into his discourse an historicall Narration of all the matter about surprizing the Queene and calling a Parliament hee concluded his speech with this bitter Epiphonema THat it were to be wished that this Robert should be the last of this name Earle of Essex who affected to be Robert the first of that name King of England The Earle cheerefull in voyce and countenance answered to this that indeed it was the propriety of Lawyers to speake well and be good Orators who doe thinke it a great glory in accumulated speeches to aggrauate the offence of people in a manner innocent But for his Peeres he intreated them to consider of his case not according to the vehemency of his words but the truth of the thing protesting that for his owne part he was most sincere in his Religion and that he knew no otherwise by Dauis for he went daily to Church Concerning the threatnings to the Priuy Councellours he answered that he heard not any by reason of the tumultuous concourse and noise of the people that hee vsed them there as his best and chiefest friends but that he was compelled there to keepe them in custody by reason of the people and that he was necessarily droue thereunto in his owne defence after that once he had heard not by coniecturall thoughts but by sure reason of faithfull messingers that he was ready to be set vpon sodainly by his enemies And concerning the Queene hee said that he then did and still doth keepe his loyalty to so well-deseruing a Prince and that he nothing intended else then to prostrate himselfe at the Queenes feet and to lay open the dangers he was in and the danger that hangs ouer all the Kingdome Popham Lord chiefe Iustice of England being asked vpon his oath declared how vnworthily and ill they had bin vsed at his hands The Earle made answer that he intended no harme to those Honourable persons but respected them with great honour
dying vncondemned his goods without the authority of a Parliament might not fall to the Exchequer He being condemned of treason protested that he tooke Armes out of loue to the Romish Religion and hope of recouering the Patrimony of his Grandfather as also by reason of the exaction of the English in Plow-land and their Iurie of twelue men Carew also found out how that it had beene debated and consulted of betweene Tir-Oen and the Archbishop in what part of Ireland the Spaniard could most conueniently land and that they agreed that Mounster was the fittest place but that they agreed not yet in what Hauen they should land Some iudged it best first to seize vpon Limricke as neighbouring vpon Conaugh and Leinster and not very farre from Vlster But then he heard that Donat Mac-Cormac affirmed that Florence preferred Corke before that as being a Hauen more opportune a City weaker and therefore the easier to be assaulted and that from thence the Spaniard might be ready at hand to Barry Roch Cormac-Macdermot and Mac-Carty Reogh who yet continued in loyalty whom they might either driue into a taking of their sides or else spoyle their goods Hereupon Sir George Carew thought nothing better then any way to surprize Florence although before hee had giuen him a Protection for his life and at length surprizing him he sent both him and the titular Earle too ouer into England And now being certified that the Spaniards were vpon comming which before hee could by no meanes perswade the Deputy and the English Councell to beleeue he causeth prouision to be brought into Corke and calls an assembly of the Prouince there He layes hands on some turbulent persons whom he suspected to keep them from doing mischiefe from others he tooke Hostages and had generally such a prouident care of his affaires that hee abounded both in prouision and all necessaries to sustaine a siege for many moneths And besides there came ouer a new supply of 2000. Souldiers out of England in very good time The President about the midst of September being certainly enformed that the Spaniards had strooke saile certifies the Deputie of it assoone as he could He assoone as euer he came to Kilkenny sent for the President But behold while he makes haste in his iourney being recalled by Messengers that enformed him that the Spaâ—ish Nauie was in sight he made Sir Charles Wilmot President of Corke and he himselfe makes all haste to the Deputy At his comming a Councell is held whether or no the Deputy who had scarce guard enough for his owne person should returne or tarry at Kilkenny till his Forces were met together Some thought it fittest for him to returne because it was not for the credit of the Lord Deputy to goe forward with so small a company President Carew contends on the other side that hee could neither returne nor stand still without suspition of sluggishâ—esse and danger of defection throughout the whole Prouince and so at length profering 200. Horse to guard him and informing him how well Corke was furnished with all things necessary for warre he brought him along thither with him cheerefully although there were some that would haue had the Lord Deputy gone no farther then Clonmell a place bordering close vpon that Prouince In the meane time the Spanish Nauie which by reason of a slacke winde could not reach Corke Hauen the 23. of September puts in at the mouth of Kinsale Hauen and landeth their Souldiers Presently hereupon Sir Richard Percy who with 150. Souldiers gouerned there being vnequall for to resist retires backe to Corke The Spaniards with 35. displaied Banners hauing the Gates open are gratefully receiued by the Inhabitants The chiefe Magistrate going with a staffe before them and disposing of their seuerall Lodgings The President Carew commands hereupon all the Sheepe and Cattle to be driuen on this side the Riuer Auerley and sends Flower with 400. ready furnisht Foot to waste and depopulate the neighbouring Countries and which seemed very conuenient to doe he musters vp all the Citizens and Townesmen hee could get into his Army although they stood him in no stead but onely so to keepe them as Hostages with him lest that hauing laine and lurkt idely at home out of loue to the Romish Religion and inbred fauour to the Spanish Nation out of the opinion of being descended from the same originall they should thinke vpon reuolting or yeelding vp the Townes to the Spaniard Don Iohn D'Aquila who was Gouernour of the Spanish Forces with the Title of Master Generall and Captaine of the Catholike King in the defending of warre for God for the maintenance of Religion in Ireland Hauing publisht many writings endeauoured to perswaded the simple people That Queene Elizabeth was deposed by the iudgement of the Pope that her Subiects were freed from their oath of Allegiance and that now the Spaniards were come to deliuer them from the iawes of the Diuell for those were the very words and certainly he drew many wicked Irish to him vnder this faire pretence The Deputy hauing drawne together all the Forces which possibly he could prepares himselfe for the siege and hauing pitcht his Campe he resolued first to reduce to obedience Rincurran Castle by the Hauen wherein were 150. Spaniards left because it seemed very conuenient for them either to protect the English Nauy there or infest from thence the Spanish This Carew did hauing set to his great Engines and kept backe the Spaniards succour by Sea and Land both and shortly brought it to an absolute yeelding And now Sir Richard Leuison Vice-Admirall of the Seas hauing beene sent out of England to stop the passage of the Spaniards and come too late blockes vp the Spaniards in the Hauen whereupon the English both by Sea and Land begin to batter the Towne and hardly to besiege it But it was growne a great deale more remisse after by reason that Sir Richard Leuison with his Marriners set forth after two thousand Spaniards who were landed at Bere Hauen Baltemore and Castle Hauen fiue ships of whose hee kept in great awe All the same time was Carew sent out from the Campe with some troupes to preuent Odonell from ioyning forces with the Spaniard but he hauing the benefit of frosty weather got through the Desarts to theÌ„ in the night time And within a few daies after Tir-Oen himselfe O-Rorke Reimond Burke Mac-Mahon Randall Mac-Surley and Tirell Lord of Kerry the choicest of all the Rebels drew neere too to whom Alphonso Don O-Campo hauing ioyned the new come Spaniards made in all an Army of six thousand foot and fiue hundred horse being triumphing in the hope of a sure victory by reason they were more in company and better prouided and on the otherside the English were sore wearied with a winter siege and shut vp from prouision and almost spent with pouerty and hunger The Deputie for all these difficulties plies the