the pacquet sent to the Lord Cobham, governor of the Cinque-ports. Ross was the first that had notice of it, who managed his business 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 packet 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 conveyed 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, Whether 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 public 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."

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?

They answered:

"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 ambassador?

They answered:

"That the prince may forbid the ambassador entrance into his 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 produced; and that the sacred privileges of ambassadors are by no means to be infringed.

Burleigh most gravely informed him, that neither the privileges of an ambassage, nor letters of public warrandise, could protect ambassadors that offended against the publick majesty of a prince, but that they are liable to 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 answer 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 Elizabeth 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 siezing 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, and Ross's own account under his own hand to the Queen of Scots.

The Execution of Justice in England, for Maintenance of publique and Christian Peace, against certeine Stirrers of Sedition, and Adherents to the traytors and Enemies of the Realme, without any Persecution of them for Questions of Religion, as is falsely reported and published by the Fautors and Fosterers of their Treasons.-Secondly, Imprinted at London, Mense Jan. 1581-3. An. Reg. Eliz. 26. With some small alterations of Thinges mistaken or omitted in the Transcript of the first Originall.

This is a defence of the penal laws against Catholics, instituted in the reign of Queen Elizabeth. These were chiefly occasioned by the violence of those Papists who acknowledged the bull of Pius V. excommunicating Queen Elizabeth, and absolving her subjects from their allegiance. In January 1581-2, a severe statute was passed, declaring those guilty of high treason who should dissuade English subjects from their allegiance, and from the established religion, or who should reconcile them to the church of Rome: and the same penalty of high treason was denounced against those who should be so dissuaded or reconciled. It is probable that this pamphlet, which has the air of being written by the royal command, was intended as a commentary on so severe Great, and natural, and laudable anxiety is shewn in this curious treatise, to draw a distinction between the executions made in Queen Mary's time on account of religion alone, and those examples which Elizabeth had made among the Catholics, not on account of their abstract religious tenets, but because they had warped with them political doctrines inconsistent with the safety of the state. Elizabeth was anxious to escape the reproach of persecution and to shew that in those priests who, acting on the bull of Pius V. endeavoured to excite her subjects against her, she punished not the Catholic, but the traitor.

an act.

cover their

causes.

ously cover

IT hath bene in all ages, and in all countries, a common usage of all offenders, for the Al offenders most part, both great and small, to make defence of their lewd and unlawful facts by faults with untruthes, and by colouring and covering their deeds (were they never so vile) with contrary pretences of some other causes of contrarie operations or effects; to the intent not only to avoid punishment or shame, but to continue, upholde, and prosecute, their wicked attemptes, to the full satisfaction of their disordered and malicious appetites. And though such hath bene the use of all offenders, yet none with more danger than of re- Rebels doe bels and traitours to their lawfull princes kings and countries. Of which sort, of late most danger. yeeres, are specially to be noted certayne persons naturally born subjects in the realme their faults. of England and Irelande, who having for some good time professed outwardly their obedience to their soveraigne Lady Queene Elizabeth, have nevertheless afterwards bene stirred up and seduced by wicked spirites, first in Englande sundry yeres past, and secondly and of later time in Irelande, to enter into open rebellion, taking arms and Rebellion in comming into the field against her majestie and her lieutenantes, with their forces under England and banners displayed, inducing by notable untruthes many simple people to follow and assist them in their treacherous actions. And though it is very well knowen, that both their intentions and manifest actions were bent to have deposed the queene's majesty from her crowne, and to have traiterously set in her place some other whome they liked, whereby if they had not bene speedily resisted, they would have committed great bloodsheds and slaughters of her majesties faithfull subjects, and ruined their native

Ireland.

The rebels

the queen's power.

Some of the

tries.

Rebels pretend religion for their defence.

Ringleaders of rebels,

Charles Nevill

Earle of West

merland, and Thomas Stukely.

country; yet by God's power given unto her majestie, they were so speedily vanquishvanquished by ed, as some few of them' suffered by order of lawe according to their desertes, many and the greatest part upon confession of their faults were pardoned, the rest (but they not many) of the principal, escaped into forreine countries; and there, because in none rebels fed into or few places rebels and traitours to their natural princes and countries dare for their forrcine coun- treasons chalenge at their first muster open comfort or succour, these notable traitors and rebels have falsely informed many kings, princes, and states, and especially the bishop of Rome, commonly called the Pope, (from whome they all had secretely their first comfort to rebell,) that the cause of their fleeing from their countries was for the religion of Rome, and for maintenance of the said Pope's authority. Whereas divers of them before their rebellion lived so notoriously, the most part of their lives, out of all good rule, either for honest manners, or for any sense in religion, as they might have bene rather familiar with Catalyn, or favourers to Sardanapalus, than accompted good subjectes under any Christian princes. As for some examples of the heads of these rebellions, out of England fled Charles Nevill, Earle of Westmerland, a person utterly wasted by looseness of life, and by God's punishment, even in the time of his rebellion, bereaved of his children that should have succeeded him in the earledome, and his bodie now eaten with ulcers of lewde causes, as his companions do say, that no enemie he hath can wish him a viler punishment; a pitifull losse to the realme of so noble a house never before in any age attainted for disloyaltie. And out of Ireland ran away one Thomas Stukely, 3 a defamed person almost through all Christendom, and a faithless beast rather than a man, fleeing first out of England for notable piracies, and out of Ireland for treacheries not pardonable, which two were the first ringleaders of the rest of the rebelles, the one for England, the other for Ireland. But notwithstanding the notorious evil and wicked lives of these and other their confederates, voide of all Christian religion, it liked the bishop of Rome, as in favour of their treasons, not to colour their offences, as themselves openly pretend to do, for avoyding of common shame of the worlde; but flatly to animate them to continue their former wicked purposes, that is, to take armes against their lawful queene, to invade her realme with forreine forces, to pursue all her good subjects and their native countries with fire and sworde; for maintenance whereof there had some yeres before, at sundrie times, proceeded in a thundering sort bulles, excommunications, and other publique writings, denouncing her majestie, being the lawfull queene, and God's anoynted servant, not to be the queene of the realme; charging, and upon paines of excommunication commanding, all her subjects, to departe from their natural allegiances, whereto by birthe and by othe they were bound; provoking also and authorising all persons of all degrees within both the realmes to rebell; and upon this antichristian warrant, being contrary to al the lawes of God: and inan, and nothing agreeable to a pasturall officer, not onely all the rabble of the foresaid traitors that were before fled, but also all other persons that had forsaken their native countries, being of divers conditions and qualities, some not able

The effect of

the Pope's bull against the

queene of Eng

land.

'After the insurrection in the 12th of Queen Elizabeth, many hundreds were executed by martial law by Sir George Bowes, marshal of the queen's army.

2 The last Earl of Westmoreland of that powerful family. After his ill-concerted insurrection in 1669-70, he escaped into Scotland, and thence into Flanders, where he got the command of a regiment of English fugitives in the Spanish service. In 1584 he ended his life obscurely, and in exile.

3 He was a noted adventurer of the period, who, after spending a large fortune, settled himself in Ireland; and being disappointed of the hope of becoming steward of Wexford, attempted to excite a rebellion in 1570. Being. baffled in his design, he fled to Italy, and so far insinuated himself into the favour of the Pope, that his Holiness created him Marquis of Leinster, and procured him the command of 800 Italians in Spanish pay, who were destined to invade Ireland. With these he set sail from Civita Vecchia, and reached Lisbon. But Sebastian, king of Portugal, who was then preparing for his African expedition, easily prevailed on this adventurer to join his army. Accordingly he sailed with that monarch, and was slain along with him at the memorable battle of Alcazar in 1578. The feats of Stukely are celebrated in a ballad published in the 2d vol. of Evans's Collection of Old Ballads, and in an old play entitled the Battle of Alcazar, with the death of Captain Stukely, 1594,

rebels, and

erected to

secretly into

induce the

to live at home but in beggarie, some discontented for lacke of preferments, which they gaped for unworthily in universities and other places, some bankerupt marchants, some in a sort learned to contentions, being not contented to learn to obey the lawes of the land, have many yeeres running up and down, from countrey to countrey, practised some The practices in one corner, some in another, some with seeking to gather forces and money for forces, of the traitors, some with instigation of princes by untruthes to make warre upon their natural countrey, fugitives, to exsome with inwarde practices to murder the Greatest, some with seditious writings, and ecute the bull. very many of late with publique infamous libels, ful of despiteful vile termes and poysoned lyes, altogether to uphold the foresaide antichristian and tyrannous warrant of the Pope's bull. And yet also by some other meanes, to furder these intentions, because they could not readily prevayle by way of force, finding forreine princes of better consideration, and not readily inclined to their wicked purposes, it was devised to erect by certeine schooles which they called Seminaries,' to nourish and bring up persons dis- Seminaries posed naturally to sedition, to continue their race and trade, and to become seedmen in nurse sedititheir tillage of sedition, and them to sende secretly into these the queen's majesties re- ous fugitives. almes of England and Ireland under secret maskes, some of priesthood, some of other inferior orders, with titles of Seminaries for some of the meaner sort, and of Jesuites for the stagers and ranker sort, and such like; but yet so warely they crept into the land, as none brought the marks of their priesthood with them; but in divers corners of her majesties dominions these Seminaries, or Seedmen and Jesuites, bringing with them certeine Romish trash, as of their hallowed ware, their Agnus Dei, their graines, and many The seminarie kinde of beades, and such like, have as tillage-men laboured secretly to perswade the fugitives come people to allow of the Pope's foresaide bulles and warrantes, and of his absolute authori- the realm to tie over all princes and countries, and striking many with prickes of conscience to obey people to obey the same; whereby in proces of small time, if this wicked and dangerous, traiterous, and the Pope's bull. craftie course, had not bene by God's goodness espied and staied, there had followed imminent danger of horrible uprores in the realmes, and a manifest blooddy destruction of great multitudes of Christians. For it cannot be denied, but that so many as should have bene induced and thoroughly persuaded to have obeyed the wicked warrant of the Pope's, and the contents thereof, should have bene forthwith in their hearts and consciences secret traitors, and for to be in deede errant and open traitors, there should have wanted nothing but opportunitie to feele their strength, and to assemble themselves in such nombers with armour and weapons, as they might have presumed to have bene the greater part, and so by open civil warre, to have come to their wicked purposes. But God's goodness, by whom kings doe rule, and by whose blast traitors are commonly wasted and confounded, hath otherwise given to her majestie as to his handmayde and deare servant, ruling under him, the spirit of wisdome and power, whereby she hath caused some of these sedicious seedemen and sowers of rebellion to be discovered for all Sowers of se their secret lurkings, and to be taken and charged with these former poyntes of high dition taken, treason, and being delt withall upon questions of religion, but justly by order of lawes, executed for openly condemned as traitors. At which times, notwithstanding all maner of gentle treason. wayes of persuasions used, to move them to desist from such manifest traiterous courses and opinions, with offer of mercie, yet was the canker of their rebellious humours so deeply entered and graven into the heartes of many of them, as they would not be remooved from their traiterous determinations. And therefore, as manifest traitours in maintayning and adhearing to the capitall enemy of her majestie and her crowne, (who hath not only bene the cause of two rebellions alreadie passed in England and Ireland, but in that of Ireland, did manifestly wage and maintaine his own people, captaines, and

These seminary schools were established at Douay, at Rheims, and at Rome. The scholars were carefully instructed in three points of doctrine, obedience to the pope, hatred to the queen of England, and zeal for extirpation of the northern heresy. From these seminaries, the scholars, as soon as they had taken orders, were dismissed to England to labour in their vocation, as described in the text.

convented, and