No More Learning

all negociations that court are drawn After that, the original draughts these
great length.
This was also first drawn
Letters Nan, shewed
Mendoza, and Charles Paget, were the Scots queen, and were confessed the hand-writing Nau and
the particularities necessary it; namely, for the sup
which must obtained the pope, and
and after put into English
the original draughts their own hands were shewed forth, which they had confessed and subscribed before the lords, and affirined the same their oaths,
also depose.
her,
French
Curle, and both
Mr. Thomas Powell did
Curle she refused see the draught sun
dry other Letters hereafter mentioned, which were likewise offered be shewed unto her,
saying, She cared not whether the same were written them not, and acknowledging withal, that about that tute she made several dispatches, such effects these Letters did
Francis Inglefield, Spain, for the 12,000
She did write
give thanks the king
crowns; assuring him, that the same should purport, which was, concerning aid pro
employed none other use, but the ac cured for her delivery, saying, that the same complishment her escape. —That she feareth was nothing touching the matter wherewith she the bruit which runneth, peace between was charged.
the king Spain and this queen, shall retire Hereupon was urged, that this Letter many pursue the designment enter concurring directly, matter and circum prize new dressed here. —That the principal stances, with Babington's Letter her, and catholics England having, about Easter last, her Answer the same, did prove evidently made their complot together rise Leices that she received the one, and did write the ter's absence (myself not having wherewirh other, and was privy, and compasser and
give them substantial answer), sent one from practiser the design the Death her ma
Charles Paget, who made jesty, and this behalf these particularities declare their designment were specially voted.
know his master the king She write Mendoza, Charles Paget, and Spain would hearken thereunto. —Where the rest, That the Catholics did signify unto her
upon good hope being brought back again
unto them, they signified unto her, and find
ing the same manner confirmed Ingle
field's letter; she made them very ample
dispatch, which, upon plot which she had
dressed for then, she gave then her advice,
point point, everything necessary for the
execution thereof, and reinitting them take
resolution the roupon. —That for lose no
time, without, sending again unto her, they That upon the return Ballard, the principal should dispatch, with diligence, some one the Catholics had imparted unto her their their names, chosen, faithful, and sufficiently intentions, conformable that which Charles instructed, Mendoza. --To impart unto him Paget wrote unto her; but more particularly particularly the plot their enterprize, and
amongst them their messenger
Mendoza,
require such support necessary men
foot and horse, also armour, ammunition,
and money which things, before they had particularities the plot, more than are con sufficient promise and assurance, not stir
this side. —That she had cleared the greatest
difficulty, which has always been objected
the like enterprize, viz. her escape out hold, which she did write Mendoza, Charles Paget, and she hope execute the same assuredly, &c. she writeth, That she had given such d
they shall design it. —That, peace rection; and accordingly Ballard was prepared inade France, her cousin Guise, having and ready have taken that journey,
already great forces, may employ the same had not been prevented his apprehension,
hire, sudden, before the queen aware. Of this Letter there was also shewed for the
two original draughts, one written French
confessed Ballard, Babington, and Savage.
She writeth Charles Paget, &c. that the difficulty which hath been objected, touching
Nau, the other English Curle which
they had likewise contessed and subscribed be her delivery out hold, cleared, and that she
fore the lords, and confirmed their oaths, Mr. Powell deposed.
She did write another Letter the bishop Glascow, which, for that, these points,
did substance concur with the former, con
have executed assuredly, accord her designment
accordingly, Babington's Letter her, and her answer the same, the manner and means her escape set down large.
their intentions, and that she made then ample Dispatch, giving her advice upon every point, point point, upon conference together
write
Mendoza, and others, and those
Babington's Letter her, with her Answer the same; this appeareth true, for
his, she hath intelligence their plot and intention, and the other she giveth her di rection and advice, point point.
tained
Paget's Letter.
her Letter Babington, she promiseth
hopeth ing
And
her Letter Charles Paget, she writeth,
upon conference Babington's Letter with that Charles Paget the 29th May, appeareth, that Babington settetii down sundry
in
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be all in of
1225] STATE TRIALS, 2s Eliz. 1586. —Mary Queen of Scots. [1226
In her Letter to Charles Paget, she saith, assureth himself Scotland, either serve She hath written to the Catholics, that no stirr him, bridled, not serve his
enemy. —That she will travel means, make her son enter into the enterprize, or, cannot persuaded thereunto, then she
will dress secret league and bond amongst the Catholic lords that country, join with the king Spain. —That she will make her son
thence. - death, himself, being Catholic, shall desire,
And accordingly, in her Letter to Babington, without that ever the king Spain should pre she writeth, That she would essay, at the time tend attempt any thing the prejudice
ing shall be on this side, before they have sufficient promise aud assurance for the accom plishment of that which is required of the pope
and king of Spain : and in this her Letter of
-answer to Babington, it appeareth, that she did write to that effect.
In her Letter to sir Francis Inglefield, she
delivered into the hands the pope, writeth, That for Scotland, she is about to king Spain, with paction set him liberty practise that her enemies may have no succour whensoever she shall devise, after their
that the work should be in band in these parts,
to make the Catholics of Scotland to arise,
and put her son in their hands, to the effect
that from thence her enemies may not prevail absence her son, and for that purpose of any succours; and withal willeth, that some named the lord Claude Hambleton, alias Ha stirring in Ireland were labourcq for, to begin milton. —That she should write the lord some while before, to the end the alarm may be Claude procure him draw the Catholic given on the flat contrary side that the stroke lords Scotland, the king Spain's should come. devotion. That, after answer received from
Both which her devices have not failed of the king Spain, conformable this design, their success, for there have been stirs and then Charles Paget write plainly the lord troubles both in Scotland and Ireland, the latter Claude, that hath charge from her deal end of this summer. with the lord Claude this matter, shewing
And where the Scots queen confessed, That that needful seize her son's person,
she had written to procure Invasion and Re cannot willingly drawn this enterprize, bellion, and seemed to justify the same as law and that the next way were deliver him ful, for to obtain thereby her delivery, it was the pope the king Spain. —That Charles said, that being within the realm, and pro Paget should indirectly put the lord Claude tected by the laws, and so subject to the same, hope, that she will make him declared she might not use those means to compass her lawful heir the crown Scotland, her son delivery, whereby the queen's life was appa failing without children, and that she will pro rently sought; for invasion and destruction of cure the Catholic princes Christendom
her majesty are so linked together, that they condescend thereunto. —She chargeth him not cannot be single ; for if the invader should communicate these things any, either prevail, no doubt they would not suffer her English, French, Scottish, and pray majesty to continue neither government nor Mendoza, and the lord Claude, the
her life ; and in case of rebellion, the same like.
reason holdeth. - The Letter was first drawn French Nau,
It was further alledged, That, besides these and then translated English, and after put several Letters before mentioned, she did, about into cypher Curle, and extract the the time that these things were in hand, write principal points thereof, was confessed and divers letters to sundry other persons beyond subscribed before some of the lords the 25th the seas, wherein she taketh herself to be the Sept. which was openly read and shewed sovereign of this realm, containing sundry forth. Letter,
her son (if yield him Catholic), the suc cession that crown. —That Regent should
established Scotland, govern the
which the reign the queen's majesty, as to the whole state Scots queen wrote Mendoza, the same 20th
matters very dangerous as well to our sove Then was read another
of this realm. By which her intentions, in the
matters wherewith she now charged, may
May, concurring with the former Charles Paget, wherein she writeth, That Charles Paget had large Commission from her,
the better appear.
The 20th May 1586, she did write impart Mendoza certain overtures on her
Charles Paget practise with the Spanish Am behalf-That there was another point de bassador France, stir the king Spain pending thereupon, which she had reserved
invade the realm, and take revenge on write Mendoza himself, sent the the queen's majesty. —That the surest and rea king his master, her behalf; man else, diest way rid himself altogether from this were possible, being privy thereunto, viz. queen's malice, purging the spring the That considering her son's obstimacy heresy, malign humours. --That this long patience, and foreseeing the imminent dangcr like
hath not prevailed any thing, and that there ensue the Catholic church, succeeding
set again the king this crown she resolved, case her son the Low countries, and were not reclaimed the Catholic religion,
other parts, than re she had title give and grant her right establishing this realm under prince his friend the king Spain, succession this crown, —That deliberate, set this queen, her last will and testament, praying him
other means Spain's affairs
assure his estate
if he
to
in
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to
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up in
by
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,
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1227J STATE TRIALS, 28 Eliz. 1586. -Proseedings against Mary 2ween of Scots. [12
take into his protection, both her, and the state and put effect much she should com and affairs of this realin. —She willeth this to mand, and should his power.
be secret; forasmuch, if it should be revealed, Also, the Scots queen did write Dr. Lewis,
it should be in France, the loss of her dowry; ult. Apiil 1586, wherein she willeth him in in Scotland, the clear breach of her son ; part her congratulations the new elected and in this country, her total ruin and destruc pope, and her affection towards him, chiefly for tion. that she understandeth his resolution bent,
* . This Letter was first written in French by follow, near can, the traces and icot the Scots queen's own hand, and then trans steps good pope Pius whose unemory lated into English, and put into cypher by she beareth singular reverence, for the singu Curle, as he confessed and subscribed the same lar compassion had her present state, and the 25th of Sept. last. his endeavour which he did manifest to relieve
Upon reading of these Letters, it was noted, -her.
That the Scots queen's intention was, to sub Whereupon, noted, that her imagi ject this crown and realm to the king of Spain, nations against the queen's person and state, to the utter ruin and destruction, both of the since she exciteth the pope follow the steps queen's majesty, and of the antient nobility, Pius who published the bull excommu
which purpose appeareth generally holden nication against her majesty, and thereby de
the English fugitives and traitors beyond the nounced her lawful queen, and dis seas, Babington and Savage set down charged her subjects their obedience and their several Confessions and Declarations allegiance; out which root hath sprung
procure the king the traitorous practices that have since been confirmed attempted against her highness's person.
and that their intention
Spain title this realm,
and invested the pope, jections against And
remembered, that the original draughts these Letters, saving that only which she After this was read, another Letter written wrote Babington, which, Curle atirimeth, the Scots queen, Dr. Allen, the 5th she commanded be burned, before men
Feb. wherein writeth unto her, Madam, tioned, were found amongst her i'apers
my good sovereign, for our resolution out Chartley and put chest, sealed up John Spain, the whole execution committed the Manners, esq. ; Walter Ashton, knight, and prince of Parma. ' That father Parsons, Owen, Richard Bagot, esq. ; which was first opened and himself did bring the king's determination and unsealed, and the same draught taken out,
Dr. Allen and Parsons staid longer Rome, to solicit the same.
take away ob Babington saith,
And for the verifying these Letters before mentioned, written the Scots queen
the prince, who seemed glad they, that certain the lords and others her na
might have the effectuating it; and gave jesty's Privy Council.
great sign strait upon the recovery After, on the 24th Oct. the Lords and Antwerp, but harped still upon this string, other Commissioners being assembled tie
that she should money, some means, put herself out oftheir hands.
Star Chamber Westminster, confer the said matters, and touching their Sentence, Nau and Curle were brought personally before them; and the Papers, Letters, and Writings, which they had before confessed and subscribed, and
Then was read the Scots queen's Letter
Dr. Allen the 20th May 1586, wherein she
called him “Reverend Father,’ and saith, “they
have overslipped many good occasions and afirmed their oaths, aforesaid, teii wisheth, that they should not withal omit this then and there likewise shewed unto them, they new offer, pinching near this queen. did then estsoons voluntarily acknowledge and
so im the title
Upon these Letters were inferred, that Dr. affirm all that true, which they had before Allen did acknowledge her his Sovereign, confessed and subscribed, and that they had and the queen this realm present confessed and subscribed the same, oriy
and she accepting the same, gave respect the truth, frankly and voluntarily,
Whereus. to she an
bishop.
swered,That though Dr. Allen, and divers other
threatening. And the said Curle did then also further as
foreign princes, and the Catholics this realin
did take her, yet she could not withal; did write the Scots queen, the draughts
but for herself, she did not claim so.
also be noted, that the resolution which was put execution the prince
Parma, and which the Scots queen was careful should not overslipt, cannot thought other but matter great peril
her majesty's person and this state. And
may also gathered Letter written the
her Answer the same, were both burned her command.
He said also, after the decyphering the said Letter written Babington, and the read ing thereof the Scots queen, admonished her the danger those actions, and per suaded her not deal therein, nor make any answer thereunto: and she thereupon said she would answer bidding him that which he hlion. commanded, and which appertained unto
prince Parma
Jan. 1586, where great secret,
the Scots queen the 12th writeth, that touching the
would keep becometh,
without any torture, constraint,
firm, that well the Letter which Babington
it,
to be
or as is of
asto to be to
of
is to
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as
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to
1229] STATE TRIALS, 30 Eliz. 1587. —Arraignment of Mr. Davison.
[1230
65. The Arraignment of W. M. DAviso N (Secretary of State to Queen Elizabeth) in the Star-Chamber, for Misprision and Contempt: 30 ELIz. March 28, A. D. 1587. [MS. Caius Coll. Camb. Class A. 1090, 8, p. 267. MS. in the Bodleian Libr. sub. tit. Juridici, 7,843. S62, p. 235. ]
Before Christopher Wraye, Chief Justice ty's sacred person were contrived, most false England, who for the time sate Lord rumour that the Scotish queen was escaped, Privy-Seal; the archbishops Canterbury spread abroad, and bruited that foreigners
and York; the earls Worcester, Cumber were landed for invasion; which, for pre
land, and Lincoln the lords Grey, Lumley; servation the Scotish queen, and prejudice James Croft, the comptroller; Gilbert ours. Upon these considerations, her ma
Gerrard, Master
against Mr. Davison, late one her majes signed, she left with Mr. Davison carry ‘ty's Secretaries, and one her Privy-Coun the great seal, have readiness afore
cil, virtue Commission them said. And he, after the sealing, and without
Chief Justice mund Anderson;
the Rolls; the Lord jesty assented sign the Warrant for her Exe the Common Pleas, Ed cution, whom such tumults were raised
Roger Manwood, the Lord Chief Baron; and Walter Mildmay, the Chancellor the Exchequer; For hear
notwithstanding, being moved mercy her great wisdom, she thought necessary have readiness, any attempt should begun, ing matter Misprision and Contempt and yet not haste execute the same this
directed
WHEREUPON Mr. Popham, queen's Attorney-General, spake form following: My Lords, am inform your lordships her majesty's behalf, certain great and grievous Contempt and Misprision against Mr. Davison, there prisoner the bar, late one
her majesty's commandment, presented tinto the lords without her privity, contemptuously. Notwithstanding, upon the delivery thereof him, her majesty bid him use secrecy. And upon question made
said, she held that course still and upon farther question made, said her majesty would not farther troubled sundry practices committed the Scotish with that matter. Whereupon the lords seeing
her majesty's secretaries. The manifold and
queen are not unknown unto your honours, impediment, dispatched the Execution, which were offences the highest degree, and wherein Mr. Davison did break the secrecy required looked unto with speed. her majesty reposed him, delivering well known unto your lordships also that there unto the lords, and dealt very contemptuously upon, earnest intreaty and intercession, not naking her privy, knowing her mind
her majesty length condescended that the the contrary. For her majesty sent Mr. matter should heard and decided according Killegrew unto him, commanding him,
unto law. Whereupon, were those honourable were not sealed already, should not seal proceedings had Fotheringhay. But the ed; and after, when told her majesty residence which belonged thereunto, to-wit, was sealed already, she asked him what haste the Execution, her majesty politicly neither This act done him, being but par consented unto, nor denied, esteeming cle ticular counsellor, her majesty doth take
mency the former, nor wisdom the latter. Which course, she held from the 25th Oct. all Nov. , Dec. and Jan. During which time, most horrible conspiracies against her majes
matter hich indignity and abuse her counsellors, and thing the greatest mo
ment that ever happened since her reign, since which time never any counsellor mat ters far less importance proceeded without
Queen Elizabeth undertook make the
her resolution privity which thing she
public believe that the execution (of the Queen leaves your honours consideration for pu Scots) was done against her will, and with nishment thereof.
out her knowledge; the way she went work Davison, with comtly countenance, re was thus: Davison was the instrument she plenished with gravity, fine deliverance made use without his knowing any thing speech, but voice soinewbat low (which
the matter, act this sort Comedy. lit
excused late sickness) discreetly answered sort ensuing —My Lords, am right sorry, that an action of this nature, for the honoura ble Proceedings against the Scotish queen, might drawn into the snare, and made ac than which never was any thing more honour
tle before the Queen Scots' sentence he was made Secretary State; and very likely he was put into that post purpose, that
countable for Mary's death. Rapin, vol. able, should after the full and laudable per (Oct. Edit. ) pages 105,106. See also pages formance thereof called into question. 109, 110, 111, 112, 113, for more particulars Again, my lords, am most sorry that her of this affair. gracious highness should conceive such high
majesty continued the Scotish queen,
the lords whether her that mind for execution
.
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by to if to
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: of he it
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1231] STATE TRIALS, 30 Eliz. 15 87. —Arraignment of Mr. Davison, [1232
displeasure against me, as to trouble your ho To which Mr. Davison said, confess it; nours with one at this present. But as in and the Solicitor replied, Why then that was
mine actions heretofore,
have been most caution not to do without her consent: so
her majesty's com
your honours
faithful and forward
mandments; this,
vour, me bear the testimony my con
science, that have done nothing either wit
tingly willingly, but became honest
man. And therefore, first, that delivered
unto the lords without her commandinent,
against her commandment, let lawful for wittingly willingly, protest did not. me with vour honours leave protest the con And notwithstanding she sent Mr. Killegrew trary. —To that the Attorney answered, said
not that you delivered unto the lords against
her commandment, but that you knowing her
mind contrary it. —Davison that
replied, Well, then, desire have the proofs:
whereupon the Solicitor-General read his Exa
mination, wherein the sixth point sayeth,
That alter the signing and sealing made her move me think was her majesty's 1. . . eaning, not privy the sending down. —Mr. Davison were sundry and divers: first, the honour and
that answered; My good lords, the Warrant justice the cause: next, knew advertise for the execution was signed and sealed her ment from beyond the seas her majesty's majesty's express commandment; which being imminent dangers. Also was privy the so, take be irrevocable law. Where Proceedings Fotheringhay. was not igno upon, the advice the lords was sent rant the doings Parliament. Last all, down, she not being privy sending down, the rumour Invasion, the cries and tumults wherein thought dealt beseemed me: the realm, which moved me, having no ex for writs of execution do not use come press commandment the contrary, do
her majesty. That was forward, thought did. —When had said this, Mr. Solicitor read my duty, and for other reason protest; his Examination, where the second saith,
for never had any private grudge hatred When her majesty bade him use secrecy, against the Queen Scots, but respect said he would be as careful and secret as should
my country and common-weal. The Warrant need: the third, confesseth Mr. Killegrew
notwithstanding your intention was good, was foul error. Whereto Davison rejoined, She my most gracious sovereign, good mistress unto me ever any servant had, and what have had her hands, hope there fore, my lords think me not unwise
fend her, unless oversight; but that did
that should not sealed, were not
sealed already: yet proves not but that she had mind do when was sealed. She
said unto me, What haste? where answer ed, had done her majesty's command ment, and that such thing inight not dal lied withal. Now, my lords, the reasons
presented came unto him, telling him, were not and when presented my Lord Admiral sealed already should not sealed. To the will witness was sent for. The place held, seventh, after the Warrant was sealed, her ma
protested never sought for: pleased her jesty asked him, What haste? Whereto Davi
rested with me six weeks before
son answered, Though her majesty commanded
secret, and told the council
thought
confess said some lords, took be cellor must needs know forasmuch
her majesty's pleasure proceed therein, and must seal And her majesty made my Lord
appeal her majesty's own conscience Admiral privy thereunto; why then might had not cause think But she my most not make known to some others that were
gracious sovereign not my duty say, chief counsellors? To that said Mr. Attorney, she gainsay will not stand contestation Though Mr. Walsingham should know yet with her, for bescents me not, and therefore was not general. Mr. Davison answered, Nei
majesty for some gracious opinion nue Fo me thereunto. In which am assured
me keep how can
error,
ave not committed any wilful but
for that? For honest man should do; for nothing the her majesty bade me expressly shew Mr. Se world more dear me than my reputation. cretary Walsingham thereof; my Lord-Chan
submit nyself what punishment your ho ther was verbally commanded conceal
nours shall please lay upon me.
To that the Solicitor (Egerton) answered
Mr. Davison, you well extol the honour the Proceedings, for beseems you, and the truth was. But must tell you the more
from the rest. Then said the Solicitor, Ano ther matter makes against you my Lord Trea
honourable the proceedings were, the more
your contempt not making her privy.
reserving the Execution, note her majesty's testimony; and proceeded, saying, My lords, magnanimity, who not regarded the dangers the cause between her majesty and me she her own self, continue the other's life. And my gracious sovereign, and her servant, yet her wisdom therein
ed, who thought good have
with intention have clemency
* might be. not contesting with her ma you should use with great secrecy.
surer did ask you, whether was her majesty's pleasure? And you answered, Yea. To that said Davison, remember not that. The Soli citor replied, my Lord-Treasurer's testi mony. And Davison rejoined, reverence his
commend behoveth me not say, she gainsay neither
could said, contest against her; yet let me protest, that, Iny own conceit, have dealt sincerely soundly, and honestly any servant jesty you observe duty, but your means was conla do. Then spake the Lord Chief Justice great contempt; and further, she said you, England, saying, By that she asked you,
readiness, long
it
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in
1233] STATE TRIALS, Eliz.
1587-for Misprision and Contempt. [1234
What haste? You might know it was her plea Commission great persons hear what she sure to defer and therefore you could alledge her defence. And albeit that
without her commandment was great offence. upon the hearing thereof she was declared —Then spake Gawdie, the queen's Serjeant: Guilty, yet none could think Execution
My lords, four things note that Mr. Davison might done without her majesty's express confesseth; first that her majesty bade him use assent. Then dilated the proceedings secrecy; next, the Warrant being sealed, Mr. Parliament, the Petition, her Answer thereunto,
Killegrew was sent unto him, that were not wherein noted her wisdom not being sealed already, should not sealed all. hasty high matter; shewed farther, Thirdly confesseth her majesty was content how she was contented hear ambassadors,
should shew Mr. Walsingham, which proves they could propound any thing her de she minded keep from the rest. And fence. Afterward followed the Proclamation had been his duty have known her pleasure: notify the Proceedings passed unto the peo and therefore for so unuch as he Confesseth ple; for people, said he, desirous hear this, take great contempt, Indignity state-matters, and warrant you itch under and Misprision for him say his intent was stand what we do here: herein, said he, was
good; thought so, Answer. Fourthly her majesty told him, she thought some other course taken, and gave her An
justice, mercy, and discretion. Afterwards, upon the and cries, she thought ne– cessary look unto it; upon this she sealed
swer; besides, he confesseth he told the lords her warrant, yet continuing her former clemen was her majesty's pleasure upon such de cy, not put Execution; for was mand made. Davison answered, that general her grant that should done, she might
demand was made. Gawdie replied here,
the Lord Treasurer's testimony. Davison re joined, Let me have right; was but privately
stay and defer it; which she meaning, be hoved her trust somebody, and so, said he, she did this gentleman, called unto her service
demanded between my Lord-Treasurer and me. upon trust, who, for the acquaintance that will not speak excuse, but only answer; have had with him, was worthy that place.
demand, whether the imparting the Council such contempt: farther, there
This trust she committed unto him, and am
difference between
and implied speech. The loss my place,
table cautions, not have presumed great
~
sorry, said he, was not this good ser express commandment, vant other things. Surely had no
not esteem, neither weigh this disgrace;
only her majesty's disfavour the thing that commandment. His offence, said he, interpret grieves ine. —Then Puckering the queen's Se. - two degrees; abuse the trust, and the
matter have done any thing without her jeant began speak, aggravating Davison's Contempt for the first she willed him tell
Offence, and forward accuse, and yet seemed more pro forma tantum, than any matter
had charge him withal, more than had
been spoken before. Whereupon Davison Also, which aggravates your offence, you told
answered, All this speech answered, but that made her not privy; whereto say, made her not privy respect my lords the council
thought not necessary, because was not
she should privy the Execution. will Your good intention was
not stand upon terms, say, for becomes me not, but submit myself your honours censures.
Then said Wraye, Mr. Davison, say
was irrevocable you are deceived, for she might
do her pleasure. Then said Davison,
beseech you, my lords, make means her ma which may turn all our hindrance, forasmuch
jesty' that may have her favour; and for the rest, wave not. Whereupon Wraye wo'ed sir Walter Mildmay deliver his opinion; who began form following:
sought her destruction. And notwithstanding than ten thousand luaiks may not sufficient, that her majesty might have proceeded against which though two great for his ability, her private person, yet she granted her yet too little for fault. The quali
How honourable her majesty, our gracious
sovereign, hath dealt Justice, known
all the world, against such Traitors, whom
her life should have been taken away; where
upon should ensue, subversion the whole
state, upon the proceedings whereof appeared
that the Scotish queen was chief author, deal
ing most ingratesully against her who belore secundum quantitate delicti, think should time had saved her from them that vehemently not bear for know his estate. Surely less
Yo L.
-
Mr. Walsingham, and excuse say, she forbad you not the rest for you ought not
have told unto any but whom she would.
the lords she was pleased, For the Contempt,
the writ was not delivered unto you, but had not been delivered unto them whom was
directed, then had been
commandment. Answer, neither albeit per case
ought iny lords allow
could allow because know you. Also your fault the greater, which you know.
Farther, you were near her, and had time con venient shew her; hereof said he, hath fol lowed greater mischief the queen's majesty,
our welfare depends upon her well-doing. Next, said he, hath followed dishonour her inajesty, that she having governed this land long time obesiience, servant hers this age, should have small regard. Now for my opinion the Offence, resteth consider what punishment behoveful such case. Punishments this court are either corporal,
pecuniary, pecuniary offenders; and corporal, such like. Now, said he,
finds imposed upon punishments and the fine should be
as J. a
IIIIit he Iit do I
4
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his
by to I of it to ifby it a a it,noa :is to in be be
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-
1235] STATE TRIALS, Eliz. 1587–Arraignment Davison, [1236
fication, whereof, resteth in them where I the fault bad and the worse, because doubt not he shall find favour; next he must her saying ‘what haste,’ might gather suffer Imprisonment during her majesty's plea what her intent was. Mr. Davison saiti, he
sure, which must be reserved to her merciful excuseth love the cominonweal, unitigation. which man inay term blind love, which
And after him spake Manwood the Chief excuse, but remaineth Contempt, and Baron, who in the beginning of his tale took so Contempt Mii-prision; and yet nut every Harge a scope, as many did judge he would be te Mi-prison Contempt? nan thing
dious, as he was indeed. First he declared how in without warrant, Contempt; and
the very beginning the queen of Scots bew rayed concluded this great offence worthy the
law
ought
And, said he, one have power
thing, prevent the time where ther, saying, that she was that mind still,
-
her malice against the crown of this land when she was queen of France, at which time she made letters potents as queen of England; she usurped her majesty's stile, and she quartered
the arms of England. Then he descended unto
her doings when she was dowager; how she
excused her former offences by reason of cover
ture : then he declared her marriage with the
lord Darnley; the murder of her husband, the
practices with the bishop of Ross; her conspi
racy with the duke of Norfolk. To conclude, he
couched the whole history which any way con cerned her life or manners. At last he came
to Mr. Davison's offence, which he took in law
to be a misprision ; and yet not every com
mandonent of the prince transgressed, is a mis
prision : But, said he, when one is put in trust in a point of justice, which is the government of
the common-weal, there a commandment transgressed is a misprision. For example whereof, he cited a case there in that place de cided; meaning John Throck norton's case,
unany deemed. Also, said he, sheriff exercise his office without oath, that
misprision.
judgment before the term, that mispri them how dutiful was yet, sir, you took
done, that misprision. surcly you spake without the book, which was And judge for expedition justice should very bold part for you ought have told
sion. Now, said he, this misprision, be
cause you prevented the time doing before you were commanded, although the thing were
worse course, that such high matter your persuasions, should seem, should be done
without her privity. Why said he, what abuse the counsellors was this? Surely great abuse and were fault against them, much more against her majesty: this one the highest offences, my trowth, (for
sware) that ever subject did against the prince; and though you were my brother and heir (be
think the punishvent offence you, but for
punishment inflicted upon him and ended. After him spake the Master the Rolls, agreeing with the censures then that spake before and that Mr. Davison's great zeal made him forget his duty: also saying, that the point did rest, whether did know was her
majesty's pleasure
said he, appeareth
therefore, fine,
censures. -
should stayed, which, his own confession and agreed with the former
Next spake sir James Croft, who said not very much, and yet spake somewhat that loved the man well, and had cause, saying, that had lack good-will but yet had grievously offended. subscribed op pion the former judgment.
After him spake the lord Lumley, who divided the offence into two parts. First, The neglect
his duty; and secondly, The breaking
his duty saying further, that the Judges had told the law, and we must believe them, that
within the compass Contempt. The matter, said he, evident: for first, her un willingness the Parliament was significa tion her mind, which let slip. And far
lawful for you did fustum, but not fuste.
Farther, naming Mr. Walsingham spe 'cialty, was secluding the rest generality.
And, also, the warrant were sealed, yet was not lawful kill her, because the direction
was special, and not general. then con
cluded the contempt was great, and the punish fore God speak
ment assessed Walter Mildmay worthily deserved, where unto agreed.
After him, spake Anderson, Chief Justice,
who said, The Proceeding had been honourable,
which would not speak being known unto
all men, and having been spoke before.
But come the case question; the Accusation, said he, two parts, first, that
too little; yet with
the quality your
greater Fine been imposed upon you, would easily have agreed thereunto.
Mr. Davison, without her majesty's command discoursed for the last, my good lords, let me ment, sent down and the second, that crave your farther examination. His offence against her commandment made the lords made the more for divers circumstances; the privy. For the first, confessed the se first circumstance for that was for execu cond saith she bade him use secrecy. The tion queen; but what queen Surely such causes alledged him are good, and yet the queen practised most horrible Treasons proceeding therein, that which caused the of. against our sovereign queen such queen, fence, the words, “use secrecy, and not
cause published known any. Then being one her majesty's Council,
-
fault. But, say, had
After him spake my lord Grey; who said, Two points were spoken of: the first, touching the queen Scots; and the next, Mr. Davi son's offence. For the first, said he, largely
conspired the overthrow the whole state' yea, such queen, that sought the subversion Christ's true Religion, bring our souls
it
heithe he it: ado
of or
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be
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30
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it it
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;
a
1237] STATE TRIALS, 30 Eliz. 1587-for Mioprision and Contempt. [1238
headlong to the devil! So then, my lords, the Judge, decide
taking away such a queen, can no way aggra the State; for
wate his fate. The second circumstance his vison's offence
breach secrecy, which excusetti, that dience, said he,
told but to the chief counsellors: whereas dience tite contrary; and God requireth nothing Mr. Walsingham, my Lord-Admiral and Lord else but obedience. Paul saith, ‘Let every Chancellor, either necessity, command soul sulject unto the higher powers,’ &c.
ment from her majesty, did know undoubted And when Joshua was appointed Ruler over ! y. Whatsoever my lords before me have Israel, the people said, “They would obey him
thought; his answer the behalf doth satisfy.
me, am resolved. For the third point, prince
she asking what haste and afterwards, which
send down without her privity, here, even Davison, for did neither wittingly nor here, the full proof the Contempt; here willingly, think certainly, but good
that, that causes the offence, which seem mind cut off our common enemy that was eth acknowledge, yet with two considera good deed, must needs confessed; but that tions: the first, the seditious tumults within was not well done, must needs granted. the realm; the next, advertisements from Ire To reveal secrets was bad for her majesty im land, and beyond the seas. Now, my lords, parts not each part her counsel eve must not these considerations move him rather Counsellor; then his offence was disobe
put himself her majesty's mercy deal dience, and great fault. He allegeth ex ing without her commandment, than commit cuse, think, good intention, but that ex her majesty the mercy her foes obeying cuseth not the fault: for obedientia est melior
thing happened quam sacrificium. And St. Paul saith, Non (which God forbid), that her majesty would facimus malum inde veniat bonum. There have miscarried, and then this Warrant signed fore, said he, the offence was great, too dan
hands, wanting nothing but execution, should advised, were either honest wise. Last
we not then have judged him traytor? should all, concluded agreed with the Punish we not have torn and rent him asunder ment assessed, and ended his sermon. Surely, my lords, should then have thought Then spake the Archbishop Canterbury, lim more worthy ten thousand deaths, than That the matter had been opened; first, con now the least punishment that may in cerning the doings the Scotish queen, whom flicted upon him for each us, preserva thought, living and dead, was ordained
tion our country, ought lose our lands, disturb and trouble the State England. our livings, and sacrifice our bodies; howbeit, Then concerning Mr. Davison's Offence, Al
her For had that other
matter which did concern inveighed against Mr. Da places Scripture: Obe
the only virtue, and disobe
things. ' then they ought obey
things, much more those things good. am sorry," said he, for Mr.
o, o
and sealed had been found Mr. Davison's gerous; for, such case, one would be twice
excuse not his offence, neither agree Contempt, and agree with the punish ment; and yet think his fault proceeded
beit, said he, that which done could wished
hope, could did,
pity and compassion where with her majesty and love to the Commonwealth. These be sing ar, may extended towards him, great arguments, said he, and yet excuse: for that good subjects, his example, may modus non footum efficit culpan; although the
neglect their own private hindrance disgrace act were good, yet can not excuse him the
from very good zeal bore unto country; my opinion, said he, did
and pray God, that that peculiar ornament abundant zeal Religion unto her majesty,
public.
-
respect the furtherance
the weal circumstance; how beit, said he, the mercy the Prince deferring was severe; for there
Lincoln, who, severe mercy, well merciful severity: for his opinion, thought was but negligently for, written, IIe slew Og the king
After him spake the Earl
done, and not contemptuously; but had
been done contempt, would have then thought Fine and Imprisonment sufficient
“Basan, mercy endureth ever. ' Yet,
punishment offence the Offence being
he, agree the fine: but
that quality; yet for company, said
said he, mercy Prince not re strained; and therefore, because the example may dangerous hereafter, that counsellors may presume without the commandment
mine opinion too much, saving that know her majesty
the Prince, which mischief more intoler able than inconveniency; therefore agree
merciful: and for the rest, agree with my jord Gray.
The Earl Cumberiand repeated the case, neither aggravating nor denying the offence; but briefly concluded, agreed opinion with Walter Mildmay.
And the Earl Worcester said nothing, sav ing that was the same mind with Mr. Chancellor, that spake first.
that punishment which before agreed. Last spake Wraye, Chief Justice, who
shewed the Cause, and said farther, That every Contempt commandment was not ne
cossary, which my opinion was needful proved; for, said he, the bishop Winchester came the Parliament, and afterwards de
parted without licence, and therefore had grievous Fine set upon him. Myself, said he, an Justice the King's-Bench the Term
After him spake the Archbishop York,
speaking, was, like Bishop, rather than we hear matters Treason, the reason
otherwise done, yet none, wish were undone; whatsoever
the super
of
-
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1239]
STATE TRIALS, 30 Eliz. 1987—Arraignment of W. Davison, [1240
of our office; and out of the Term, by Com never the order this Court, after the matter mission of Oyer and Terminer associate with heard judicially, answer any Question, others: said he, Commission should (which Walter Mildunay affirmed;) but for directed unto me and others Oyer and Ter your Petition you may speak. Truly, any lords, miner for matter Treason, and we should said Davison, my Question shall such arraign the person, and adjudge him die, yet your own conscience shall seem reasonable. would not put him execution; and yet the Whereat they neither gave him leave nor de
Surely, nied him. —Whereupon Davison said, this think you meant well, and was bonum, but Warrant, being signed and sealed, and left with
not bene. Finally, agreed the punishment me, and wanting nothing but execution, should be was first of all assessed. 13ut should have fortuned her inajesty should have farther, said he, must tell you, that for much miscarried, whether then—Nay, said Wraye
the fault yours, declares her majesty's and Mildmay, now you enter into that which sincerity, and not privity this action, and discussed already yea, said Manwood, that
Commission hear and determine.
Farther, my Question was moved my lord Gray.
lords, must signify unto you from her ma Well then, said Davison, will not seek for jesty, that forasmuch the Lords the Coun present enlargement my liberty, nor release cil were abused Mr. Davison's relation, my Imprisonment, although my body not
that she offended there withal.
telling them she was pleased, and that which well able endure it; only let your honours they did was for her safety, upon his wrong in clear me, beseech you, blemish dis
formation, the lords sorrowful because they honesty, and
were abused him; therefore her majesty main not imputeti, fault any the counsellors, grace: for
mediators for me, that re her majesty's disfavour and dis protest shall contented with
but only him and the rest she doth dis any condition and state life whatsoever, burthen of all blame. may have her majesty's favour.
This said, Mr. Davison craved leave de Whereunto the Lords universally answered, mand one Question, and make one Petition. spake like good subject. And the
was Court arose. ”
apo “Execution hastened, and every one them “The vowed bear equal share the blame, the and sent Beale away with the Warrant and
For your Question, said Wraye, think
“IDavison thus excused himself logetical Discourse his Walsingham Queen,’ says he, “after the departure
French and Scottish ambassadors,
“motion, commanded me deliver her the “dream she was told the queen Scots’
“Warrant for executing the Sentence against “Death, perceived that she wavered her
the Queen of Scots. When had delivered resolution asked her, whether she had
she signed readily with her own hand: when she had done, she commanded
England; and jesting manner said, Go tell this Walsingham, who now sick, although
fear he will die for sorrow when he hears it.
She added also the reasons her deferring long, namely, lest she might seem have been violently maliciously drawn thereto;
whereas the inean time she was not igno rant how necessary was: moreover, she
blamed Pawlet and Drury, that they had not eased her this care, and wished that Wal singham would feel their pulses touching this matter. The next day after was under the Great Seal, she cominanded me, Killigrew, that should not be done: and when had
“changed her mind She answered, No but ‘another course, said she, might have been de ‘vised. And withal she asked me, whether ‘had received any Answer from Pawlet? Whose ‘Letter when had shewed her, wherein ‘flatly refused undertake that which stood
sealed with the Great Seal
her own “Letters. The third day after, when
informed her that was done already, she
found fault with such great haste; telling me,
that the judgment some wise men, ano
ther course might taken. answered, that “undo men great desert, and their whole that course was always best and safest which ‘posterity. And afterwards she gave me
|.
the fault upon me, (as she had laid the put ‘Scots was executed, because she was not yet
would not Freebairn, his Life Mary queen Scots,
was most just. But fearing lest she would lay day
that the Queen of
ting the duke
lord Burleigh)
whole matter,
plunge myself any deeper ness. He presently imparted
Burleigh, and the lord Burleigh ‘the council, who consented
protesting that
busi p. 269, says, “Queen Elizabeth sent orders the lord Pawlet, whose obedience she could reckon
great
not with honour and justice; she waxing an ‘gry, accused him and others (who had bound ‘themselves the Association) perjury and “breach their vow, those that had pro ‘mised great matters for their prince's safety,
but would perform nothing; yet there are,
said she, who will for my sake. But ‘shewed her how dishonourable and unjust “thing this would and withal into how
“D#ru. ry fact, for she approved the
danger she would bring Pawlet and
‘she would draw upon herself both danger and “dishonour, not without censure injustice:
‘and she disallowed she would utterly
check the same
Norfolk death upon the put death. ’” Camden's Eliz. Ken acquainted Hatton with the net, 538.
the rest with certainty, for committing any act have the barbarity make away with his prisoner, the
all
soit
be it it is of to be as it he to of a
:« “*
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-
1241] STATE 30 Eliz. 15 87-for Mirprision and Contempt. [1242
Though the above Trial of Mr. Davison
Mr. John Urry, Oxford.
Christ-Church College,
Sir Amias Pawlet and Sir
The Letter wrote
Drew Drury.
TRIALS, o _*
full, yet the underwritten one, copied from a MS. in the Bodleian Library, un er the title Juridici, 7843. 802. p. 235. being something different, taken by an eye-witness, and being short, we hope it
will prove acceptable to the Reader, especially as it relates to the Treasons of Mary Queen of Scots.
Er MS. penes Rob. Sherrell, 28 Martii 1587. Lord Privy-Seal for that day. 2. The lord The Proceedings against Mr. Davison in the archbishop of Canterbury. 3. The lord arch Star Chamber, by Commission not read, but bishop of York. 4. The earl of Worcester.
directed to these thirteen following: 5. The earl of Cumberland. 6. The earl of 1. The Lord Chief Justice of England, as Lincoln. 7. The lord Gray. 8. The lord
Queen of Scots;' and pp. 270, 271 and 272, ‘Your most assured friends, FRA. Walsi Nc
inserts a Letter from Walsingham and Davison
(her two secretaries) to Amyas Pawlet, with his Answer, which were found amongsir Amyas
Pawlet's Papers; Copy which transcribed from the Originals, were sent Dr. Mackenzie,
HAM, Will. Davison. ” London, February
To the Right Honourable Sir Amias Pawlet, knight,one her Majesty'sPrivy-Council
This, Letter was received Fotheringay the 2nd Feb. five the afternoon
another Letter from Mr. Davison, the 1st Feb.