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religion, and would take the Kyng of Spaynes part. And the said Story confesscth, 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 lohn Prestall, at such tyme as he talked with Hami lton and this examinat about the death of the Kyng of Seottes, 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 quoencs 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 Queencs Hyghncs to death in deede, and sayde he thought surely he coulde do it ;• and theft this examinat sayde, that was to be done by necromancie.
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 beleue, 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 speechc 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 traytoious word'-s in the Parliament House, where he sayde, that, yf his counsel had ben folowed, the root should haue ben sttyken 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 natural! allegeaunce to the Queencs maiestie and this crowne (from which no !awe in tiie worlde coulde separate hym) and by auowyng that he was usubiecte 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 li aue their kynges, when they had do no more neede of them. And so the conclusion, in his opinion, serued for hym, that he myght refuse his naturall liege lady and queene; and so, consequently, by tha monstruous reason, all kynges may be depriued of their subiectcs, 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 tymeg 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 arraignemejn, and by his vntruethes vttered at his death, truc th it selfe shoulde take harme by mistakyng and rnisreportyng; 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 meetc. 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, 1671.
God saue the Queene.
THE CASE OF
THE BISHOP OF ROSS,
RESIDENT OF THE QUEEN OP SCOTS J
WHO WAS SEIZED AND COMMITTED TO THE TOWEli
For traiterous Practices, and Endeavouring to raise a Rebellion against her *.
Folio, containing four Pages.
RIDOLPHO, 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. d» Chetardie. Ambassador at the Court of Russia from Jfrauce, 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 Cuthberthis 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'A)va 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 f
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 wliose-stead another is substituted, may enjoy the privileges of an ambassador?
"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.
Thirdly, Whether a prince, which comes into another prince's kingdom, and is there kept prisoner, can have his agent; and whether that agent can be reputed an ambassador j
"If such a prince have not forfeited his principality, he may have an agent; but, whether that agent may be reputed an ambassador, depended upon the authority of his commission."
Fourthly, Whether, if a prince declare to such an agent, and his prince in custody, that he shall be no longer reputed an ambassador, that agent may, by law, challenge the privilege of an ambassadort
u That the Prince may forbid the ambassador entrance into hit kingdom, and may command him to leave the kingdom, if he keep himself not within the bounds prescribed to an ambassador; yet in the mean time he may enjoy the privileges of an ambassador according to the authority deputed to him."
According to these answers of the civilians, Ross being called up from the Isle of Ely, and receiving a sharp reprimand, it was declared by the council, that he should be no longer reputed an ambassador, but be severely punished, according to his demerits. He answered; *' That he was the ambassador of an absolute queen that was unjustly deposed, and had, according to his duty, carefully endeavoured the delivery of his princess, and the safety of both kingdoms; that he came into England with the full authority of an ambassador under public warrandise, which he had producedand that the sacred privileges of ambassadors are by no means to be infringed."
Burleigh most gravely informed him, "That neither the privileges of an arabassage, aor letters of publick warrandise could protect ambassadors that offended against the publick majesty of a Prince, but that they are liable to be punished for the same; else wicked ambassadors might plot against the life of princes without any punishment."
On the other hand, he stifly maintained, that the privileges of ambassadors had never been violated (to use his own words) via Juris, but via Facti; and he pleasantly wished them not to shew him fouler play than the English ambassadors Throckmorton in France, and Randolph and Tamworth in Scotland had found; who had raised rebellions and openly fomented them; and yet suffered no greater punishment, than the being commanded to depart within such a time.
When they began to urge him with testimonies of Englishmen, he gently desired them not to do it, since by a common received custom, which (as he said) was grown into a law, The testimony of an Englishman against a Scotchman, or of a Scotchman against an Englishman, was not to be allowed.
After some debates whether this would hold good, unless betwixt the borders of both kingdoms, and that in cases relating to the frontiers; and whether the English ambassadors had raised rebellions; Ross was committed to the Tower of London; where being kept close prisoner, within a while he answered to all questions, with this proviso, that his answers should not be prejudicial to any: " He excused the Queen of Scots, for that, she being a prisoner, in the flower of her age, could not but use her utmost endeavours to regain her freedom, since Queen Elisabeth denied her access to her presence, debarred her from all hope of her liberty, and openly relieved her enemies. The Duke of Norfolk he excused, in that he had done nothing as to the marriage with the Queen of Scots, but with the consent of many of the queen's council; nor could he forsake her, though he had promised to do so under his hand and seal, since there was before a mutual engagement of marriage betwixt them. Lastly, he excused himself, for that, since he was an ambassador and a servant, he could not without a sin depart from his duty, and abandon his princess in her distress. But that he proposed the design of seizing on the Queen, with no other intent, than to try whether the Duke had courage to undertake such an attempt." The crimes of the other conspirators he cunningly extenuated, but could by no means be brought to tell the names of the gentlemen who had devoted their service to the Duke in seizing the Queen. But he confessed, that, by the Queen of Scots orders, he had, by servants employed betwixt them, treated with the Duke, Arundel, Lumley, and Throckmorton, and with the Lord Viscount Montacute by Lumley, about putting the Castles in Scotland, the hostages, and the King of Scots into Englishmen's hands, about renouncing the title, and giving up the English rebels. Thus far of these transactions for this year, extracted wholly out of the Duke of Norfolk's confession, aud Boss's own account under his own hand to the Queen of Scots.
LIFE AND DEATH OF IOHN STORY,
Late a Romiih Canonicall Doctor, by Profcssyon. 1571.
Imprinted at London, by Thomas Colwell. Octavo, containing thirty-tw*
John Story, whose life and death are related in the following tract, and related by a Protestant, perhaps without that candour and impartiality, which ibe Protestant religion prescribes, was a man of great eminence and authority in the reign of Queen Mary, and contributed very much to kindle the flames of persecution in that cruel reign; and, with whatever detestation he may be mentioned by this writer, he is by some of the Romanists celebrated as a saint.