Catalogue description "The CONFERENCE or COMMYSSONE between the Quene of Scottes and the Lordes, concerninge her examination."

--"Upon Wednesdaie, the 12 of October, the Lordes Commissioners for hearinge the Scottishe Quene came to the Castle of Fotheringhey, in the County of Northampton, aboute nyne of the clocke in the morninge, at which houre, in the chappell of the said castle, the Deane of Peterboroughe preached before them. From the sermone, they wente to Councell, in the Counsell Chamber of the same house, and from thence sente Sir Walter Myldmaye and Sir Amias Pawlette, Governoure of the house to the Scottishe Quene, to knowe whether shee woulde appeare or no. There was allso delivered unto her a letter from her Majestie, to that effecte. After which summons shee refused to appeare, and stoode all that daie, beinge oftentimes required therto by some of the Commissioners sente in unto her. Upon Thursdaie there wente unto her, in her lodginge, the Lord Chauncelor, the Lord Treasourer, the Earles of Oxforde, Shresburie, Kente, Worcester, Viscount Montague, the Lordes Zouche, Graye, Lumley, Sir Raphe Sadler, Sir James Crofte, Mr. Vicechamberlaine, Sir Amias Pawlette, the two Chief Justices of England, Doctor Dale, and Doctor Forde, Barker, and Wheler, notaries, who remained with her allmoste the space of two houres, signifyinge unto her that yf shee woulde not come furthe before the Commissioners they woulde proceede againste her accordinge to ther Commissione. That whole daie was spente in Councell and sendinge unto her.

"In the morninge, upon Frydaie, shee resolved to appeare, and so aboute 9 of the clocke came furthe into the presence chamber, which was prepared and hanged with clouthe of state in the upper parte and downe alonge bothe sides. There were formes covered with grene for the Earles and Lordes on the righte side, and for Barons on the lefte side. Somewhat below the middle of the chamber was a barre sette, and within the barre a fourme for the Knightes of the Privie Counsell, and before there fourmes was a chair with a quishione and a foote carpett, for the Quene of Scottes, dyrectlie againste the seate belowe. In the middle of the chamber was a table, wherat sate the Quene's Attorney and Sollicitor, the Quene's Sergeaunte, the Clerkes of the Crowne, the two notaries, directlie above the table. In the middeste of the chamber were two fourmes, wherupon sate, on the righte side, the Lord Chief Justice of England, the Lorde Chief Baron, Doctor Dalle, Doctor Forde. Over againste them sate the Lord Chief Justice of the Common Pleas, Justice Piream; belowe the barre sate suche gentlemen as came to see the action.

"On the righte side were these lordes:--

The Lord Chauncelor

The Lord Treasourer

Earle of Oxford

Earle of Shrewsburie

Earle of Kente

Earle of Derby

Earle of Worcester

Earle of Rutlaund

Earle of Cumberland

Earle of Warwicke

Earle of Lincolne

Earle of Penbrooke

Viscounte Montague

Sir James Crofte

Sir Walter Mildmaie

Sir Raphe Sadler

Sir Frauncis Wallsingham

Mr. Vice-chamberlaine

[On the left side.]

The Lord Aburgaveny

The Lord Zouche

The Lord Morley

The Lord Stafford

The Lord Graye

The Lord Sturton

The Lord Sandes

The Lord Wentworth

The Lord Mordant

The Lord St. John of Bletso

The Lord Compton

The Lord Chenie.

"The Lordes beinge thus sette and all thinges readie, the Quene of Scottes was broughte in, havinge a waie or a lane made with halbardes from her lodging doore, which was in the lower corner of the chamber. Shee was in a gowne of blacke velvette, covered over with a white vaile of lane, a very bigge woman and talle, beinge lame, and supported by the one arme with Melvine, her gentleman, and by the other arme with her phisician. One of her women caryed up her traine, three other attainded her, one of her servauntes broughte her a chayre covered with crimsone velvette, and another broughte a quishione of the same. A lytell before her coming her chaire was removed from the bottome of the chamber to the upper parte bellowe the state, and set, as yt were, cornerwise towardes the side of the lordes barons.

"Scilence beinge made, the Lord Chauncelor stoode up, and, beinge uncovered, spake to this effecte:--

"Madame, the Quene, beinge stronglie enfourmed of sondrie practizes made by you againste her, hathe caused this our meetinge, as hathe bene signified unto you. You have reade the Quene's letters certyfyinge the same; and I muste saie thus much unto you from her Majestie's mouthe, that havinge borne soe manie thinges att your handes, shee cannot forbeare any longer but proceede againste you, not for the perills which may befalle her, for God, she trustethe, who hathe ever defended her, will still deliver her from them; but there dependethe more upon yt. Shee saith that you are the foundation of all practizes againste her, and yf shee shoulde neglecte yt, shee shoulde forgette the cause of God, and beare the sworde in vaine. Yt ys not mallice, Madame, nor regarde of her persone, that causethe her to doe yt, albeit shee mighte doe otherwise and proceed againste you, that you shoulde not be hard speak for yourself.

"The Quene answeared to this effecte, by waie of protestation, that shee was a free prince, borne a quene, not subjecte to any but to God, to whom shee muste give accompt, and, therfore, her appearinge should not be prejudiciall to other kinges or princes, nor her allies, nor her sonne. And thereupon desired an Acte to be made, and required her owne people to beare wytnesse of yt.

"The Lord Chauncelor againe protested againste that protestation, and said in nowise yt should be prejudiciall unto the Quene's Majestie, nor to the Crowne of Englande, and that they all, on the behalf of her Majestie, required it to be enacted.

"Then Mr. Poole, Clerke of the Crowne Office, did reade the Commysyone, grownded upon the Statute of anno 27.

"The Quene answeared, I proteste that this lawe is insuffycient, and, therfore, I cannot submit myselve unto yt.

"The Lord Treasourer avouched and justified the lawe to be suffyciente to proceede againste her.

"To whom shee answeared, that that lawe was made against her.

"The Lorde Treasourer said, wee have commissione to proceede, and yf you will not heare and answeare, wee will therin proceede againste you.

"Then shee said, I will heare and answeare yt.

"Then arose Sergeaunte Gawdie, and declared firste the Statute, and then enferred that the Quene of Scottes, there presente, had offended againste bothe the branches therof, viz., that shee had bene bothe privie to the conspiracie of killinge the Quene's Majestie, and allso had herselve practized and compassed yt, and so rypped the whole matter complete, from Ballarde's cominge into the realme. When the Sergeaunte said that the Quene was bothe a mover and a compasser, she bowed her bodie and smiled.

"Her firste letter to Babington, to renewe the intelligence, was reade.

"Then Sergeaunte Puckeringe perused the reste of Babington's letters unto her, and her answeare to him againe.

"To the which the Quene answeared that shee had never seen Babington, nor ever had speache with him, nor ever receaved letters from him, and that shee coulde stoppe noe man's goinge beyond the seas; but lette any man in Englande come and saie that I did ever anythinge againste the Quene's lyffe.

"Then Sandes, Clerke of the Crowne, reade Babington's confessione, and Sergeaunte Puckering opened the poinctes.

"The Quene said that, beinge kepte from intelligence of her friendes, and of her sonne, yt mighte be shee desired intelligence, but yf any other man have done or practized anythinge, yt ys no matter to this purpose; ther be some that send me letters, and I khowe not from whence they come nor what they are.

"The Clerke of the Crowne reades againe Babington's confessione.

"The Quene said againe, I wote not of any suche letter.

"Then was reade againe her letter to Babington.

"To the which shee said, Yf Babington said yt, and all the world, they lye in yt. I will see my owne handwrytinge. And to Babington's letter to her, shee said, I never sawe that letter, nor ever harde of yt.

"The Lord Treasourer proved the receipte of Babington's letter.

"So the Sergeaunte shewed an answeare to Babington's letter from her by the same cypher, by a servinge man in a blewe coate, and so opened the poinctes of her answeres to Babington. When mention therin was made of the Earle of Arundell, she wepte and blobered out, sayinge, Woe ys me, that your house hathe suffered so muche for my sake.

"And after weepinge a time, shee said, Yf ever I made any suche device againste the Quene, my sister, I praie God I never see God in the face. I have written, I confesse, aboute my deliveraunce, as any prince kepte captive as I mighte doe, but never againste the Quene. I confesse I have sente for the catholiques deliveraunce from persecution, and I will worke ytt, yf I coulde, with my bloude, to save them from destruction. I wolde, and yf yt maie be soe, I praie you laye yt upon me; and therwith wepte accordinge to her guise.

"The Lord Treasourer said, Madame, the Quene puttes none to deathe for ther conscience; but they mighte enjoye the libertie of there conscience yf they woulde lyve as duetifull subjecte; and therefore, Madame, reforme your opinione therin.

"The Quene of Scottes said shee had reade yt so in a booke.

"The Lord Treasourer said, They that doe wryte so, Madame, wryte allso that the Quene of Englande ys no Quene.

"Then pyked shee a quarrell againste Mr. Secretarye, that hee had bene her sore enimie, and her sonne's, and practized with certaine persons againste hir. But, Mr. Walsingham, I thinke you are an honeste man, and I praie you saie, in the worde of an honeste man, whether you have bene so unto me.

"Mr. Secretarie rose up, and came to the end of the table, standinge in the middeste before his seate, and said, Madame, I am charged by you to have practized somethinge againste you. I call God, and all the worlde, to wytnesse I have done nothinge, as a private man, unworthie an honeste man, as a publique person unworthie my callinge. I proteste before God that, as a man carefull of my Mistress' safetie, I have bene curious, and yf Ballard had offered me his service, I proteste I woulde have used him, and yf hee had done service, I woulde have rewarded him; but yf hee were practized with by me, why did hee not pleade yt for his liefe.

"Here, againe, shee wepte, and protested shee would not make shippwracke of her soule in conspiringe againste her good sister, and that these spies whom Mr. Secretarie had sette over her, were spies for her againste him, and had likewise toulde her things of him.

"The Quene's Attorney proves that the Quene of Scottes was privie to the conspiracie, and gave the enstructions to her Secretarie to wryte by; her Secretarys, not constrained, not imprisoned, wrote copies of the originall, upon theire oathes, some in cypher, some translated, by her dyrectione, into Englishe. Her Secretaries were Jaques Maw [and] Gilbert Carle.

"The Sollicitor proves bothe the poinctes of the Statute, agreinge with the poinctes of the Commissione; firste, and that shee was privie to the conspiracie, she receaved Babington's letters wherin the conspiracie was contained to kill the Quene. Shee givethe answeare to yt, diposed by her Secretaries, who, besides ther othes and voluntarie confessione, did sette downe, accordinge to ther memorie, the contents and poincts of Babington's letters to the Quene, and her answeares to Babington, wher especiallie shee remembred the poinctes of the conspiracie, particularlie by Babington, before hee was apprehended and att large, when he had thought to have executed yt, and have bene advaunced by yt, shee shewed her letters and her answeares to Ballard, Savage, and Tychburne, as they confessed yt.

"Secondlie, he proves that shee herselve did compasse and conspire againste the Quene, for besides the provinge of Babington's plotte, shee addeth in a letter of her owne, for the maner and order of the execution of the designment, &c.

"The Secretaries, at the viewe of her letters, doe wryte thus: per le expres commandement de la reigna ma Matressa--at the expresse commandmete of the Quene my mistress. Maw and Carle.

"Shee beinge asked whether yt were ther handes, shee confessed shee knewe yt to be ther handes, and that Carle ys an honeste man, but shee would not be judged by him; and that Maw was the King's Secretarie of Fraunce, and that hee had bene Secretarie to the Cardinall of Loraine.

"When shee said shee knewe not Babington nor Ballard,

"The Lord Treasourer said: Madame, I will tell you whome you knowe; you knowe Morgan that hyred Parrie to kill the Quene, and after you knewe yt you gave him pension--you gave pension, madame, to a murtherer.

"Shee said, hee lost all for my sake, but you gave pensions in Scotland to my sonne againste me.

"The Lord Treasourer said, The Quene, bycause the reveneue of the Crowne of Scotland ys diminished, givethe a benevolence to the Kinge, her kinsman.

"The second daie, att her first cominge, shee renewed her protestation, sayinge, I am a sacred and anointed Prince, and oughte not to be judged by the lawe. I am a free prince, and owe no more to any prince then they doe to me. I come hither for the justification of my honoure, and that which ys laid to my charge againste my sister. Her oration was very longe here, and of manie thinges. Shee said the Quene was so dealt with when the matter of Wyatte was laid to her chardge, and yet not founde guiltie of yt. I like not to take this course, thoughe I desire the catholiques deliverance from ther persecution. I had rather play the part of Hester then Judith, to deliver my people. God forbidd I shoulde deserve to be denied of Jesus Christe before his Father.

"They gave yt owt I was of no religione, for ther was a time when I tendred myselve, but then cared not for my soule. But my Lordes, when you have done all that you can, and have put me from that I would have, yet shall you not obtaine your cause for Mary Stuarte.

"And here shee wepte and blobered, that they coulde not conceave her speach. I desire, said shee, that another Assemblie maie be called, where I may have my Counsell. I appeale to God firste, who ys the wise judge, and to princes my allies.

"Here the Lord Treasourer said, Wee have, Madame, sett downe your protestation under a notaries hand, and againe wee have protested that your protestation be not prejudiciall to the Crowne of Englande.

"The Quene said, Indeed, my Lord, you take no Commissione but what shall serve your turne beste; you have done the worste you can. I have ofte offered, yf I mighte be att lybertie, that I woulde doe all dueties and laboures to quenche the troubles that are made, and I coulde not be harde. I was made to beleve that I shoulde be att lybertie, and I promised hostiges for my securitie, my owne sonne and my cosine Guise' sonne.

"The Lord Treasourer said it was true that the Quene was contente, and so was the Counsell. You offered hostiges as you saie, and yt ys as true that the Lords of Scotland woulde not consente that the Kinge shoulde come.

"The Quene of Scottes: I toulde you yf I were att lybertie I woulde effecte yt.

"Madame, said the Lord Treasourer, the Quene shall sette you att lyberty, and you shall seeke her destruction, for all this practize of your enlargemente was nothinge elles but a plotte againste the Quene, for even then, when this was doinge, your man Morgan hyred Parry to kill the Quene.

"My Lord, quothe shee, you are my enimie.

"No, said my Lord Treasourer, I am enimy unto the Quene's enimies.

"Was yt not said; saythe shee, that the Quene shoulde never be free from practizes untill I was sette att lybertie; therfore I desired that the occasione mighte be taken awaie.

"Then was reade a letter to Mendoza, the Spanishe Embassador in Fraunce, wherin shee promisethe to give the Kinge of Spaine the kingdomes of England and Scotland, yf her sonne woulde not be reclaimed from that heresie wherin shee sayed hee was misled.

"A letter allso to Doctor Allen, wherin shee callethe him reverente father in God, and dealethe with him aboute the invasion, and his letter to her.

"Theire was likewise reade, her letters to the Lord Pagette and Sir Frauncis Englefield, wherin to everyone shee saith that shee hathe given dyrectione to the catholiques on this syde to dispatche her.

"Shee beinge pressed with truthes of the conspiracie, bycause her owne man had sworne yt, shee said that shee thoughte no conscience of an oathe given to them.

"Wherat the whole house murmured. Concerninge the givinge awaie the Kingdome of Englande to the Kinge of Spaine, wrytten to Mendoza, shee advisethe him thus:--Lette not this be knowne, for yf yt shoulde, yt would be in Fraunce the losse of my dowrie, in Scotlaunde the breach with my sonne, in England my totall and utter destruction. Here the Sollicitor remembred the Lords that yf a forraine prince had the Kingdome as shee woulde assigne yt, what should become of ther dignities and estates.

"Madame, said the Lord Treasourer, the successione of the Crowne, whosoever hathe yt, cannot give yt to a strainge prince, yt muste goe by the lawes of the realme. Your enimies in Scotland threatned to kill you, and her Majestie said shee would then revenge yt, and so your lief was assured.

"Att her risinge first upp, shee talked longe with the Lord Treasourer, cominge to him to his seate, after to Mr. Vice-Chamberlaine and to Mr. Secretarye, excusinge herselve unto them, and like a serpente to winde herselve unto them. Shee said unto the Earle of Warwicke that shee hard hee was an honourable gentleman, desiringe him not to beleve all thinges that hee hard of her, desiringe him to comende her to my Lord of Leycester, sayinge that shee wished him good successe in all his affaires.

"To the judges and lawiers shee said, I praie God blesse me from you, for you have sore handes over them that come under you; and to Mr. Phillipps, thou never readeste any good thinge towardes me.

"And so the Lordes brake upp on Saturdaie, att one of the clocke, and adjorned the Commissione to the Starre Chamber, the xxijth of the same monethe."