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dience, as long as the Queene of Scottes was without an husbande, and no man of estimation woulde haue her, so long as the boy lyued; and yf he were dead, he hoped the Emperours brother woulde haue. her, and wyshed he myght be an entreater in that matter. And further Prestall said, that the said man, nowe in Irelande, had tolde the Pooles, and hym, the very month, the daye, and houre, that the Queene of Englande shoulde be in hazarde of her lyfe, and that the same Englishe man could dispatch the King of Scottes for money: and beyng asked what the same Englyshe mans name was, Story sayth of trouth he knoweth not, but hath forgotten it, yet Prestall told it him; but whither he is in Irelande, or of what estate, degree, or condition he is of, he knoweth not. And further, that Prestall tolde him, he coulde do much with that Englyshe man in Irelande, wherein this examinat discouraged hym. And the sayde Story sayth, he thynketh of his conscience that Prestall would do all the harme that he coulde to this realme ot Englande.

And further sayth, that Prestall tolde hym, he woulde take any thyng in hand to inuade Englande, so he might haue good assistance, and not to be vsed as an vnderlyng. But Prestall neuer tolde hym by what deuice Englande shoulde be inuaded.

And more he sayth, that Jenny and Markenfelde hath made suite to Courteuile, and to Northcarne, as Northcarnes secretarie tolde hym; for the reliefe of the Nortons and Neuyls; and after this Courteuile called this examinat, wyllyng hym to byd Markenfelde to come to hym that day, at two of the clocke, and then this examinat prayed, that yf he shoulde come about the money, for the relicfe of the Nortons, and others, that then one Parkar myght be payed for theyr charges, and so it myght be delyuered to Parkar.

He sayth, he wrote a letter to the elder Norton from Bruxels, and shewed the sayde elder Norton, that he woulde be glad to do for hym, euen the best that lay in the sayde Stories power to do, and that he woulde rather stay his owne suites to the Duke, then not to do the best he could for hym, and this was all the effecte of his letter to the sayde eldest Norton; but, afterwarde he called to remembrance, he wrote vnto him, that he was glad, that he and his company were so well come into the Catholyke realme, and safely arryued there. He sayth, he doth not remember, that he wrote to the sayde Nortons, and the reste, that where they were before but worshipfull, they were nowe worthy double honor; but he sayth it may be he dyd write so, because he thought so; and thynkes he dyd wryte vnto them, that he woulde come shortly to Antwerpe, and geue them their welcome, because he meant so to do.

After Markenfelde, and Jenny came ouer, and one Leedes with hym, and first they came to Parkars house, where the sayde Jenny declared openly at the boorde, in the presence of this examinat, and others, the order of the sayde late rebellion.

And hereupon this examinat made reporte to Northcarnes secretarie, that the sayde Ienny was a frende to the Catholykes, and the Earles, and is a very trusty frende, and hath ventured his life for the Catholykes. But afterwarde, this examinat perceauyng the contrary of

lenny by a Scotte, he gaue Northcarnes secretarie warning to take heede of lenny.

Shortly after this, the sayde Story came to Antwerpe to Parkars house, where syttyng at dynner, the sayde elder Norton and some other of his company came in from the churche, and one saide, this is Norton, and thereupon this examinat rose, and gaue hym place, and bad him welcome; and so the elder Norton sate downe in the said Stories place.

After old Norton shyfted his lodging, and this examinat, with one Shawe, Nortons sonne in lawe, went to the sayde olde Nortons lodging to dyner, and there dined with hym; and that day al their talke was of the suspition that Norton had of lennys firste commyng to the rebelles in Englande, from the Earle of Sussex, and so he tooke hym styl but a spye, and to couer hym selfe with, to the Duke, with labouryng for them.

He sayth, that he hearde by Markenfeldes report, that the sayde Nortons and Neuyls, and their company, had two-hundred crownes geuen them from the Duke, at their first commyng, and shoulde haue two-hundred crownes more afterwarde.

More he sayth, that, before the dukes last commyng to Antwerpe, the saide Story and Sir Iames Shelley, beyng at Louain, were there sent for to come to D. Saunders, to hcare a certayne booke read (of the reasons that the bull late sent over into Englande should be obeyed, as he suspected) and thither the sayde Story promised to come, but that after noone he was dryuen to go to Bruxels; and so Sir James Shelley went thyther, and brought worde to this examinat, being with one Leedes at dyner, that, yf he had come, he shoulde haue hearde goodly reasons, that he would haue wel lyked, about the booke that Saunders

had made.

Further, the sayde Story doth say, that he was neuer sworne to King Philip, nor to the Duke of Alua, nor neuer by any meanes was made Kyng Philippes subiecte or denizen, or otherwyse naturalized to be Kyng Philippes subicct, but remaynes only styll a subiect to the Queene of Englande.

Thus subscribed, though he sayd otherwyse at Tyborne,

xx. December, 1570.

JOHN STORY.

The sayde John Story, this xx. day of December, beyng examined, sayth, that about two yeres sence he dyd deale by wrytyng with Courteuile, shewyng vnto hym, that the Catholykes in Englande dyd dayly decay, and the scismatykes dyd there daylye encrease; and thertore, yf the King of Spayne had any meanyng to wryte to the Queene of Englande, or otherwise to helpe to restore religion in Englande, he shoulde do it betyme, or els it woulde be to late. And eyther he dyd wryte further, or sayde by mouth to the sayde Courteuile, that, yf the Kyng of Spayne dyd but come into the Low Countreys out of Spayne, with a number of shyppes, the catholykes of Englande would thynke, as this examinat thought, that he were come to restore

religion, and would take the Kyng of Spaynes part. And the said Story confesseth, that he wrote to Courteuile, that, if about the realme of Englande there might go a number of shyppes, as men went about Ierico, then the catholykes of Englande woulde take courage to prepare entry for them that went so about with the said shyppes. To which ende of entry by the Kyng of Spaynes power into England, the saide Story dyd write to Courteuile many tymes by his letters and perswasions therein, hopyng thereby, that either the King of Spayne woulde write to the Queene of Englande to restore the catholyke religion, or els woulde make some entry into Englande and refourme religion, according as he was bounde by his title of Catholyke King, as the sayde Story thought.

Further the sayde Story sayth, that Iohn Prestall, at such tyme as he talked with Hamelton and this examinat about the death of the Kyng of Scottes, as is aforesayde, when Prestall had tolde hym, as aforesayde, that the Englyshe man, that fledde into Irelande, had tolde the sayde Prestall of the tyme and houre the queenes maiestie should be in peryll of her death, as is aforesayde, then Prestall sayd, that, yf the sayde Englyshe man in Irelande myght be plyed, he could bryng the Queenes Hyghnes to death in deede, and sayde he thought surely he coulde do it; and then this examinat sayde, that was to be done by necromancie.

Subscribed,

John Story.

It is here to be consydered also, howe lykely it is, that the thynges whiche he spake at Tiborne for his purgation were true, when at the same tyme he woulde haue had, by his earnest speeches then vsed, all the hearers beleuc, that he vsed neuer any crueltie, in Queen Maries time, against any that were then burnt for religion, but, as he sayde, he dyd but only chyde them; and that he was no cause of the death of any, but that the Bishoppes dyd procure the sentences of death. And howe vntrue this specche of his was in that behalfe, as to excuse hym selfe, a number of witnesses lyuyng, that manifestly saw his extreme cruelties, and some that felt thereof, are very plenteous. And what his hart was towards the Queenes maiestie may playnly appeare by his traytorous wordes in the Parliament House, where he sayde, that, yf his counsel had ben folowed, the root should haue ben stryken downe, and not the branches.

And howe horrible, traytorous, and monstruous a meanyng he had to refuse to answere at his arraignement, by refusyng his naturall allegeaunce to the Queenes maiestie and this crowne (from which no lawe in the worlde coulde separate hym) and by auowyng that he was a subiecte to the Kyng of Spayne, it may appeare, in that he sayde at his arraignement, for defence of his traitorous refusall of his obedience: that kinges were chosen at the first by the people for their necessitie, and not the people for their kynges; and therfore the people myght leaue their kynges, when they hadde no more neede of them. And so the conclusion, in his opinion, serued for hym, that he myght refuse his natural liege lady and queene; and so, consequently, by tha

monstruous reason, all kynges may be depriued of their subiectes, or of as many as woulde enter into that traytorous and monstruous error, at their pleasure: a thyng, of it selfe, worthy of some monstruous death, accordyng to the monstruousnes of the treason.

Otherwyse, to remember the vnworthynes of this D, for his long lewde lyfe in all tymes past, is not conuenient, because he is dead; of whom also nothyng should be now in this sort written, but that, by his craftye traytorous doynges at his arraignement, and by his vntruethes vttered at his death, trueth it selfe shoulde take harme by mistakyng and misreportyng; and only in fauour of trueth haue I collected the premisses, and for no other purpose; and so, I pray you, vse it accordyng as you shal thynke meete. For al those thynges, which are before recited, are manyfestly to be proued, partly by the very wrytynges extant, and in no worde altered, and the rest by sufficient -witnesses, whereof I haue hadde good regarde, euen for the truethes sake, knowyng that Almyghtie God is the auenger of all vntrueth, 4 Iunii, 1571.

God saue the Queene,

THE CASE OF

THE BISHOP OF ROSS,

RESIDENT OF THE QUEEN OF SCOTS;

WHO WAS SEIZED AND COMMITTED TO THE TOWER

BY

QUEEN ELISABETH,

For traiterous Practices, and Endeavouring to raise a Rebellion against her.

Folio, containing four Pages.

IDOLPHO, the Florentine, who was sent to sollicit the Queen of Scots affairs beyond sea, had communicated to Charles Bayliff, a Netherlander, the Queen of Scots servant, all his transactions with the Duke d'Alva; and had given him letters, written in cyphers, for her, the Spanish Ambassador, the Duke of Norfolk, Ross, and the Baron of Lumley, made up in one packet; which Bayliff brought over himself, though Ross had ordered him to leave them with the Governor of Calais to be conveighed over.

Which is in some measure applicable to the case of the Marquis de Botta and M. de Chetardie, Ambassador at the Court of Russia from France, and detected of treasonable practices against the Czarina.

But, as soon as Bayliff was arrived at Dover, he was apprehended and imprisoned, and the pacquet sent to the Lord Cobham, governor of the Cinque-ports. Ross was the first that had notice of it, who managed his busines so industriously and cunningly with the Lord Cobham, that the packet was delivered to him, and another packet made up of other obsolete letters delivered to the Council; and this Bayliff was acquainted with. But however, being put to the rack, he confessed some things, and amongst the rest, that a pacquet of letters was come to Ross's hands. Nor was Ross ignorant of this, who presently sent away Cuthbert his secretary, and left his cyphers and what else might do him any prejudice, among his friends; so that, when Sussex, Burleigh, Mildmay, and Sadler made a careful search in his house, they found nothing, nor could they get any thing out of him by questions, who stifly maintained, that an ambassador was not to be accountable to any but his prince, However, the third day after he was committed to the custody of the Bishop of Ely, and a while after conveighed to the Isle of Ely.

But since by the confession of all, even of the duke of Norfolk himself, the Bishop of Ross was charged as principal contriver of the business, they entered into a serious consultation what should be done with him, being an ambassador? For, whilst he, after the manner of other ambassadors, thought he might lawfully promote the interest of his prince by any methods, and that, by the sacred and inviolable privilege of ambassadors, he was not to be accountable to another's jurisdiction; he had already committed many irregularities, by raising rebellion, and holding nocturnal cabals with the Earl of Southampton and others; and now lately with the English fugitives in the Netherlands, the Duke d'Alva the Spaniard, and the Pope, for invading of England. It was therefore proposed to Daniel Lewis, Valentine Dale, William Drury, William Aubrey, and Henry Jones, learned civilians,

First, Whethether an ambassador, that raises rebellion against the Prince to whom he is sent, should enjoy the privileges of an ambassador, and not rather be liable to punishment as an enemy?

They answered;

"That such an ambassador, by the law of nations, and the civil law of the Romans, has forfeited the privileges of an ambassador, and is liable to punishment."

Secondly, Whether the minister or agent of a prince deposed from his publick authority, and in whose stead another is substituted, may enjoy the privileges of an ambassador?

They answered;

"If such a prince be lawfully deposed, his agent cannot challenge the privileges of an ambassador, since none but absolute princes, and such as enjoy a royal prerogative, can constitute ambassadors.

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