to our welbeloued and trusty Henry Lord Compton another of the Lords of the Parlament And also to our welbeloued and trustie Henry Lord Cheney another of the Lords of the Parlament To our welbeloued and trusty Francis Knolles Knight Treasurer of our houshold another of our Priuy Counsell And also to our welbeloued and trusty Iames Crofts Knight Controller of our said houshold another of our Priuy Counsell To our beloued and trusty Christopher Hatton Knight our vice-Chamberlaine another of our Priuy Counsell And also to our trusty and welbâ—loued Francis Walsingham Knight one of our chiefe Secretaries another of our Priuy Counsell And also vnto our trusty and welbeloued William Dauison Esquier another of our principall Secretaries of our Priuy Counsell And to our trusty and welbeloued Ralph Sadleir Knight Chauncellor of our Dutchy of Lancaster another of our Priuy Counsell And also to our trusty and welbeloued Walter Mildmay Knight Chauncellor of our Exchequer another of our Priuy Counsell And to our trusty and beloued Amyas Powlet Knight Captaine of the I le of Iersey another of our Priuy Counsell And to our trusty and welbeloued Iohn Wolley Eâ—quire our Secretary for the Latine tongue another of our Priuy Counsell And also to our trusty and welbeloued Christopher Wâ—ay Knight chiefe Iustice of the Kings Bench And to our trusty and welbeloued Edmund Anderson Knight Chiefe Iustice of the Common Bench Roger Manwood Knight Chiefe Baron of our Exchequer Thomas Gawdy Knight one of our Iustices of the Kings Bench And William Peryam one of the Iustices of our Bench Greeting c. And not to set it downe verbatim After the recapitulation of the Act made the last yeere these words follow When after the end of the Session of Parlament viz after the first day of Iune in the XXVII yeare of our reigne diuers things haue beene compassed and deuised tending to the hurt of our Royall Person as well by Mary daughter and heire of Iames the fift lately King of Scotland and commonly called Queene of Scotland and Dowager of France pretending title vnto the Crowne of this Realme of England as by diuers other persons with the priuity of the same Mary as it is giuen vs to vnderstand and for that we intend and determine that the said Act should be executed rightly and effectually in all things and by all things according to the tenour of the said Act and that all the offences aforesaid in the aforesaid Act as it is said mentioned and the circumstances of the same should be examined and sentence and iudgement thereupon giuen according to the tenor and effect of the said Act We giue vnto you and to the greater part of you full and ample power faculty and authority according to the tenour of the said Act to examine all and singular things compassed and deuised tending to the hurt of our Royall Person with the priuity of the said Mary and all the circumstances of the same and all the aforesaid offences whatsoeuer mentioned in the said Act as it is said and all circumstances of the same offences and of euery one of them And moreouer according to the tenour of the said Act to giue sentence and iudgement euen as the matter shall appeare vnto you vpon good proofe And therefore we command you to proceed diligently vpon the aforesaid things in the forme aforesaid at certaine daies and places which you or the greater part of you shall appoint and prouide for this purpose c. The most of these came to Fodringhay Castle in Northamptonshire on the xj day of October where the Queene of Scotland was then kept On the next day the Commissioners sent vnto her Sir Walter Mildmay Sir Amyas Powlet and Edward Barker a publike Notary who deliuered into her hands the letters of Queene ELIZABETH which when she had read ouer she with a Princely countenance and quiet minde said I am much aggrieued that the Queene my most deare sister is wrong informed of me and that I who haue so straitly beene kept so many yeeres and being now lame after I haue offered so many equall and faire conditions for my liberty haue laine so long time neglected Although I haue fully forewarned her of many dangers yet I was not beleeued but was alwaies despised although I am most neere to her in bloud When the Association was made and when it was confirmed in the Parlament I foresaw that whatsoeuer danger befell either by forraine Princes abroad or any harebraine fellowes at home or for the cause of Religion I should pay deare for the same I hauing so many deadly enemies at the Court I may take it in euill part and I haue cause for it that a league was made with my sonne without my priuity or knowledge but such like things I pretermit But to come vnto these letters It seemeth strange vnto me that the Queene commandeth me as if I were her subiect to come vnto a triall I am an absolute Queene neither will I doe or commit any thing which may empaire or wrong the Royall Maiestie of Kings and Princes of my place and ranke or my sonne My minde is not so deiected neither will I yeeld and sinke downe vnder calamity I referre my selfe vnto those things which I protested before Bromly and the Lord De la Ware The lawes and statutes of England are to me vtterly vnknowne I am destitute of counsellours I tell you plaine I know not who may be my Peeres my papers and notes of remembrances are taken from me there is none that dare pleade or speake in my cause I am free from all offence against the Queene neither am I to be called in question but vpon mine owne word or writing which can neuer be brought against me But yet I cannot deny but that I haue commended my selfe and my cause to forraine Princes On the next day returned vnto her in the name of the Commissioners Powlet and Barker who shewed this answer put into writing and they asked her if she persisted in the same After she had heard it distinctly read she commended it as truly and rightly conceiued and said she would persist in the same But said she I did not remember one thing which I wish may be put in Whâ—reas the Queene hath written I am subiect and liable vnto the lawes of England and am to be iudged by them because I liued vnder the protection of them I answer That I came into England to aske and craue aid and helpe from which time I haue beene kept and deteined in prison and could not enioy the protection and benefit of the lawes of England and hitherto I could not vnderstand by any body what the lawes of England were In the afternoone many chosen out of the Commissioners with men skilfull in the Canon and Ciuill lawes came vnto her but the Chancellor and the Treasurer declared their authority out of the letters patents and shewed her that neither captiuity nor the prerogatiue of
no other cause but to trie the Dukes minde whether hee stood constant and resolute But the crimes of the other he wittily extenuated and by no meanes he could be induced to tell the names of the Noblemen that promised to helpe the Duke to surprize the Queene But he confessed that he by the commandement of the Queene of Scotland did aske aduice of the Duke Arundell Lumley and Throgmorton by their seruants that came to and fro and the Vicount Mountague by Lumley about the deliuerie of the Castles in Scotland the hostages the deliuerie of the King of Scotland vnto the English men and the restoring of the English Rebels Thus much of these matters this yeere out of the Dukes confessions and the Commentarie of Rosse himselfe written with his owne hand sent to the Queene of Scotland Matthew Earle of Lennox Regent of Scotland Grandfather to the King had summoned an assembly of the Estates at Sterling in the Kings name where liuing securely he was taken on the sudden by the Noblemen of the contrarie faction who held a Parlament at Edenburgh at the same time in the Queenes name He had yeelded himselfe to Dauid Spense of Wormeston who labouring diligently to saue his life was slaine together with the Regent who had gouerned the Realme for the King his Grandchild but foureteene moneths by Bell and Caulder In his place was substituted by the voices of the Kings faction Iohn Areskin Earle of Marre who died after hee had beene Regent but thirteene moneths These dangerous times produced in the Parlament holden in England this Law It was made treason if any attempted any harme or hurt made warre or moued any other to raise warre against the Queene If any affirmed that she possessed not the Crowne rightfully but that others had more right to the Crowne or did say that shee was an Heretike Schismatike or Infidell did vsurpe the right of the Kingdome during her life or shall say that any other hath right to the Crowne or that the Lawes and Statutes cannot define and binde the right of the Crowne and the succession of the same If any in the Queenes life by written or printed booke expresly affirme that any is or ought to be heire or successor of the Queene besides the naturall issue of her owne body or shall print or sell any bookes or schedules to that effect hee and his fautors for the first time shall be imprisoned a whole yeere and lose halfe his goods and for the second offence incurre Premunire that is to lose all his goods and lie in prison for euer This seemed somewhat seuere vnto many who were of opinion that the tranquillitie of the Realme would bee established by the designation of a certaine heire But it is wonderfull what iests somelewd construers of words made of that clause Besides the naturall issue of her body since the Lawyers call them Naturall that are borne out of matrimonie but the legitimate they call out of the forme of words vsed in the Law of England Children of his body lawfully begotten insomuch that being a young man I heard it often said that that word was thrust into the Act by Leicester to the intent that hee might at one time or other thrust vpon them against their wills some Bastard sonne of his as the naturall issue of the Queene An Act was made also at this Parlament that it should bee treason in them who reconciled any to the Church of Rome by any Bulls or Rescripts of the Popes or any that were reconciled they that releeued the reconcilers or brought in any Agnus Dei Grana Crucifixes or other things consecrated by the Pope into England should incurre the penaltie of Premunire And that it should bee misprision of treason in them that did not discouer their reconcilers It was moued in the same Parlament that if the Queene of Scotland did offend againe against the Lawes of England that they might proceed against her according to the Law as against the wife of a Peere of the Kingdome of England but the Queene would not suffer it to passe Anno 1572. ON the sixteenth day of Ianuarie Thomas Howard Duke of Norfolke was arraigned at Westminster Hall before George Talbot Earle of Shrewsburie appointed for that day Lord high Steward of England and on both sides of him sate the Peeres namely Reynold Grey Earle of Kent Thomas Ratclif Earle of Sussex Henry Hastings Earle of Huntingdon Francis Russell Earle of Bedford Henry Herbert Earle of Pembrooke Edward Seymer Earle of Hertford Ambrose Dudley Earle of Warwicke Robert Dudley Earle of Leicester Walter Deuereux Viscount Hereford Edward Clintōn Admirall William Lord Howard of Effingham Chamberlaine William Cecill Lord Burghley Secretarie Arthur Lord Grey of Wilton Iames Blount Lord Mountioy William Lord Sands Thomas Lord Wentworth William Lord Burrough Lewis Lord Mordant Iohn Powlet Lord Saint-Iohn of Basing Robert Lord Rich Roger Lord North Edmund Bruges Lord Chandois Oliuer Lord Saint-Iohn of Bletneshoo Thomas Sackuill Lord Buckhurst and William West Lord De La-ware Silence being made the Letters Patents of the Commission was read then a white wand was deliuered vnto the Lord Steward by Garter King at Armes which hee shortly after deliuered vnto the Serieant at Armes who stood by and held it vp all the while Then the Earles and Barons were called by their names and euery one made answer to his name Then silence was made againe and the Lieutenant of the Tower was commanded to returne his precept and to bring the Duke to the Barre Forthwith he was brought in and Sir Owen Hopton stood on the one side of him and Sir Peter Carew on the other side and next by him stood a man holding an Axe with the edge from the Duke Silence being made againe the Clerke of the Crowne said thus to the Duke Thomas Duke of Norfolke late of Keningale in the Countie of Norfolke hold vp thy hand which when hee had done the Clerke read the Inditement with a loud voice that is to say That in the eleuenth yeere of Queene ELIZABETH and after the Duke did traiterously deuise to put her from her Crowne and to kill her and to raise warre against her and to bring in forraine forces to inuade the Realme That whereas he knew MARIE late Queene of Scotland to haue claimed the Diadem of England with the title and armes thereof yet hee without the Queenes knowledge intended to marrie with her and lent her a great summe of money contrarie to the promise he had made vnder his owne hand That whereas he knew the Earles of Northumberland and Westmerland Markenfield and others had raised rebellion against the Queene and were fled into Scotland he releeued them with money That in the thirteenth yeere of the Queene hee by letters requested aid of men from Pope Pius Quintus the professed enemie of the Queene the King of Spaine and the Duke of Alba to deliuer the Queene of Scotland and to restore Papistrie into England
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
viua voce voluntarily without hope or reward the sentence against the Queene of Scotland was pronounced and confirmed with the seales and subscriptions of the Commissioners and recorded in these words By their assent consent and accord they doe pronounce giue and say their Sentence and Iudgement at the day and place last rehearsed that after the end of the aforesaid Session of Parliament specified in the aforesaid Commission viz. after the aforesaid first day of Iune in the 27. yeere aforesaid and before the date of thesaid Commission diuers things were imagined and compassed within this Realme of England by Anthony Babington and others with the priuitie of the said MARIE pretending title vnto the Crowne of this Realme of England tending to the hurt death and destruction of the Royall person of our said Ladie the Queene And to wit that after the aforesaid first day of Iune in the seuen and twentieth yeere abouesaid and before the date of the aforesaid Commission the said MARIE pretending title vnto the Crowne of this Realme of England compassed and imagined within this Realme of England diuers things tending to the hurt death and destruction of the Royall person of our Lady the Queen against the forme of the Statute specified in the aforesaid Commission Of this Sentence which depended wholly on the credit of the Secretaries neither were they brought face to face according to the first Statute of the 13. yeere of Queene ELIZABETH her selfe was very much speech and different amongst men some iudging them vnworthy of credit and others againe thought them worthy to be beleeued I haue seene the Apologie of Nauus written vnto King Iames in the yeere 1605. in the which hee doth laboriously excuse himselfe in protesting that hee was neither the Author nor perswader nor first discouerer of that plot or deuice neither that hee failed at all in his dutie through negligence or incircumspection but rather that he stoutly did impugne the heads of the accusations against his Ladie this day Which thing yet doth not appeare by the publike records But the same day it was declared by the Commissioners and by the Iudges of the Realme That that Sentence did derogate nothing from IAMES King of Scotland in his right or honour but him to be in the same place estate and right as if that Sentence had not beene giuen at all In a short time after there was a Parlament holden at Westminster in the which the Estates of the Kingdome who had approued and confirmed by their voices the sentence pronounced against the Queene of Scotland by one consent and accord deliuered by the Chancellor vnto the Queene a supplication in which they most earnestly besought her that for the conseruation of the true Religon the tranquillitie of the Realme safetie of the Queene the good estate of them and of their posteritie the sentence giuen against MARY Queene of Scotland according to the Law might be published They fetcht their reasons from the dangers hanging ouer the heads of their Religion her Royall Person and Realme by her who nursed vp in the Religion of the Papists and sworne one of the Holy League to root out the Religion of the Protestants had challenged long the Realme as due to her and had thought it a most iust thing to oppugne a woman excommunicate and meritorious to depriue her of her life She had subucrted and ouerthrowne the flourishing families of the Realme and laid fewell vnto all plots contriued and tumults in England To spareher was no other thing but to vndoe the people who will take it in euill part if she be suffered to escape without punishment and will not beleeue themselues freed from the oath of the Association except she were put to death Lastly they called to her remembrance what fearefull examples of Gods punishment there were against King Saul for that he killed not Agag and vpon Achab for that he killed not Benadad Thus said the States of Parlament The Queene with a maiesticall countenance and voice answered vnto this effect The benefits of Almightie God are so great and so many toward me that I doe not only acknowledge them most humbly but doe admire them as miracles forasmuch as I cannot expresse them in words Although there be no mortall man more beholding to the Maiestie of God than I my selfe so oft times deliuered from dangers not without miracle yet I am not indebted more than for this only thing which I account as a miracle that is to say That as I receiued and tooke vpon me the gouernment of the Realme with the full consent and good will of all so I see perfectly the same if not your greater loue and good will toward me after that XXVIII yeeres be expired and if I should faile therein now and that it did not continue still I might perchance be perceiued to breathe but surely not to liue But now although attempts be made against my life neuerthelesse nothing troubleth me more than that she who is of the same sex of the same stocke and linage and also of my bloud and kindred hath beene accessarie to the same And I am so farre off from being malicious toward her as that when some plots against me came to light I wrote vnto her that if she would confesse them in her priuate letters vnto me they should be wrapped vp in silence Neither did I write thus with this minde to ensnare her for that whatsoeuer she could confesse was knowne to me Yet neuerthelesse though things are come to this passe that they are if she would truly repent and that none would vndertake her cause against mee and that hereupon my life only and not the safetie of all the people did depend I would not haue you thinke I faine I would truly most willingly forgiue her yea if England by my death might flourish more and haue a better Prince I would most readily lay downe my life for I doe desire not to liue but for the good of the people and not of my selfe Neither is there any cause hauing liued in that manner as I haue why I should desire to liue or feare to die I am not ignorant of all kinde of lifes for I haue obeyed and I haue gouerned I haue had good neighbours and also euill I haue found treacherie where I trusted I haue euill bestowed benefits and I haue beene euill reported of when I haue done well When I call these things past to minde see and behold the things present and expect future things I thinke them most happie who die soone against such euils as these I put on a manly minde that whatsoeuer befall vnto me death may not take and finde me vnprouided As concerning these treasons I will not so preiudicate my selfe or the lawes of my Kingdome that I doe not thinke but that she the author and contriuer of this treason is a subiect and liable by the ancient lawes although this new law had neuer beene made the which