No More Learning

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
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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
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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
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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
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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. Amias, says, pray you let
‘both this and the inclosed be committed ‘by speech lately inade her majesty, That ‘the fire, which measure shall be likewise met
‘of love towards her, she wonders greatly that ‘to done pray you let me intreat
make Heretics the one and the other, ‘mean use yours after her majesty hath ‘seen it. ' And the end the Postscript,
“rant and ground for the satisfaction your ‘consciences toward God, and the discharge
your credit and reputation towards the world
“you have not that care your own parti “cular safeties, rather the preservation ‘religion, and the public good and prosperity
pray you me know what you have done ‘mandeth especially, having good war ‘with my Letter: because they are not
your countries, that reason and policy com
‘as the oath association, which you both “kind, shall care not whit. ' But seems
have solemnly taken and vowed; espe none them observed this for amongst the
“cially the matter wherewith she standeth same Papers, the following Letter Fran
“charged, being clearly and manifestly cis Walsingham
‘proved against her: aud therefore she taketh ‘Sir Your Letters yesterday coming most unkindly, that men professing that “my hands this present day, p. m. would
“love towards her that you do, should kind sort for lack the discharge your
duties, cast the burden upon her, knowing, ‘as you do, her indisposition shed blood
‘not fail, according your direction, return “my answer with possible speed which
shall deliver unto you with great grief and bitterness mind, that am un
especially, one that sex and quality, and “happy, living see this unhappy day,
‘so near her blood the said queen ‘which am required direction from my ‘These respects, we find, greatly trouble “most gracious sovereign, act which
her majesty; who, we assure you, hath sun God and the law forbiddeth. My goods and “dry times protested, that the regard the ‘life are her majesty's disposition, and am
“danger her good subjects, and faithful ser ‘ready lose the next morrow, shall “vants, did not more move her than her own “please her; acknowledging, that hold ‘peril, she would never drawn assent ‘them her meer and most gracious favour, ‘the shedding her blood. We thought and not design enjoy them but with her ‘meet acquaint you with these speeches ‘highness's good liking but God forbid ‘lately passed from her majesty, referring the “should make foul shipwreck my con “same your good judgments: and we ‘science, leave great blot my poor ‘cominityou the protection the Almighty. ‘posterity, and shed blood without law
the 1st, 1586.
Directed thus:
“After our hearty commendations, we find
‘she doth note you both lack that care
‘and zeal for her service, that she looketh for
your hands, that you have not this ‘time (of yourselves without other provocation)
“found out some way shorten the life the ‘Scots queen, considering the great peril she
“to your Answer, after hath been commu
her majesty for her satisfaction. ” Postscript another Letter from Mr. him, dated the 3rd Feb. 1686, intreated you my last Letters, ‘to burn both the Letters sent you for the argu ‘ment's sake; which your Answer Mr.
hourly subject loug the said queen
“should live; wherein, besides kind lack ‘Secretary (which have seen) appeareth not
‘nicated And Davison
says,
kept, that may satisfy her majesty therein,
‘who might otherwise take offence thereat;
and you treat this Postscript the same
war
to to to
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;
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a
1243] STATE TRIALS, Eliz. 1587. -Arraignment Darison, [1244
Lumley. 9. Sir James A-Croft +. 10. Sir him keep very secret, and not make
Walter Mildmay, 11. The Master of the Rolls. 12. The lord Chief Baron. 13. The lord An derson.
The Sum of that which was proposed, and en forced against him by her majesty's Coun sellors at the law.
The Matter laid against him is a great and heinous indignity, as her majesty taketh
any acquainted with The very same day carried the seal, and the next day after
having received charge from her majesty,
the Lord-Admiral, that stay should inade, was not sealed but declared was sealed the day before, &c. whereto the Queen replied, What needs that haste The next day
after this, (which was, think, Candlemas
day) my Lord Treasurer asked him, kaew Proceeding what mind the queen had towards the Execu against the late Scotish queen, which although tion He answered, To have go forward;
committed him this last
were itself most just and honourable, yet the manner dealing concerning Mr.
and shewed him, and after the rest the council, procuring their Warrant down present execution, the queen having not
Davison charged her majesty with want
duty, &c. For whereas the manifold de notice nor knowledge this; and after, wien
fects the said queen, and that the judg ment the realm parliament her life was now satisfy the law, and thus necessary for the preservation the whole realm, was shewed; yet her majesty, her natural most gracious and merciful disposition, after the honourable condition and proclamation the queen's guiltiness, notwithstanding many im portant allegations and vehement intercessions,
she conferred with him about another course
taken, concealed from her what had been done therein. These chief matters were
proved own Confession an Exami nation before taken and urged against him, both respect himself being bound espe
could not brought condescend the Ex cial charge was given him and respect
ecution rather desiring means possible, there were any hope amendment and re
claim, spare where she might honourably spill, than spill where she might honourably spare and this mind she continued from October the end January. But when she saw that her malicious enemies daily increased their wicked attempts against her and the state, that rumours were spread and information given daily attempts invasion, rebel lions, violence upon her royal person, work change and delivery the said queen, she most wisely resolved length have Bill Instrument, signed according
and justice, readiness; whereby upon
the queen, good and gracious prince,
well deserving him, the fountain and head justice and authority amongst us, and yet
not made privy the doing such act great quality and importance that
was, wherein she had shewed herself always, (and that most apparently) whereof Mr. Davi son could not ignorant, both backward and unwilling yield that which all her realm desired and sued for her hands; yet Mr. Davison, contrary her known mind, procured with such haste (of what good purpose himself, this would not regard); but with ep
**
cial obedience, not only servant, counsellor, trusted, and yet not
subject, but secretary much keep secret, where spe
law parent want duty his sovereign, which more appear his concealing his proceedings
occurrences, might
occasions she exe when she otalked with him that
purposely
cuted and this special choice and trust, she matter aforesaid; which they left the
though
~t good Davison, judge commit Mr. wil Counsellors
ling him carry the Lord Chancellor, have under the broad-seal, but withal charged
Mr. Davison's Answer for himself. Notwithstanding the bar, whither was “rant; trusting, that her majesty, her ac brought his Keeper, Owen Hopton, being
‘customed elemency, and the rather your faint reason his late sickness, and carry ‘good mediation, will take this my answer ing his left arm scarf, benumbed think
‘good part,
never will ‘ject, living
‘towards his sovereign; and thus commit you speak could, which was this effect: ‘to the mercy the Almighty. Your most First, protesting that was not guilty him ‘assured poor friend, Pawlet. From Fo self any wilful disloyalty, breach duty, “theringay the 2nd February, 1586. ’ but that did always since his first employ
Your Letters coming number, seem meant
the plural ment her majesty's service, endeavour Drew Drury, bear himself most serviceable and unblame
proceeding from one who his late taken palsy, spake somewhat faintly, inferior any Christian sub unaudibly; though his Com honour, love and obedience missioners speak higher, yet desired favour
myself; and vet because
them, neither the Letter directed unto him self and God witness; confessing also, that
forbeareth but subscribeth
the above
not named able and took therein her majesty's own make any particular answer, his skill and experience was not yet great
the Trial the earl called A-Crofts.
Arundel, 1589, See No. 66.
heart
iny opinion.
this latter kind service, whereto was with out his suit and above his expectation called;
and for the matter protesting also, that would not for any danger, not present death.
justifying himself, disclose any private speecu
Trial, D. DR called Croft. But
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1215] STATE TRIALS, 30 Eliz. 1587. -for Misprision and Contempt. [1246
or commandment that passed betwixt her ma that London was fired, and her majesty made jesty and him ; nor would he by any means away, amongst these terrors what should
enter into any affirmation or avowing, which Did not that which any honest man and good could not stand with his dutiful regard to her subject would such case Further, majesty's honour, &c. but would admit that not custom court that particularities should
against him and farther, that would not trouble her majesty execution any
any part disclaim my Lord Treasurer's Reports such bills: but when she hath given, her testimony against him. But the matters, royal assent, warrant, authority and life
answered, first, That was sorry that the rest for the manner and means of ex fact that portance and necessity, ho ecution left the council; and for all nourable and profitable for the Commonwealth, other circumstances time, when place,
where; persons, whom especially
this cause when her majesty had said expressly that she would not troubled any more with
cessary, honourable, vehemently sued for willing trouble her any more with espe the whole realin. Secondly, consider cially remembering her words. ’
ation her majesty, gracious and wise This was the effect his Defence, not uttered prince, loving and careful her subjects and continuately, have set down, but inter commonwealth and more strongly consi ruptly the particulars they were objected, deration of her words, which she used the much more forcibly large and choice terms; first delivery the Bill, ‘Now you have but think that have not left out any thing
let me be troubled no more with it. ' Besides weight. After this, the Commissioners began the sufficiency and perfectment the said In speak judicially unto the matter, whose struments for the said purpose, which was had Speeches will way abridgement note,
her directions, viz. under the Great-Scal, where any thing was spoken different from
should heavily taken against him wherein might take his soul, that did nothing but that which his understanding might agreeable her mind, neither did
Thirdly, the not imparting her upon her communication with him, &c. “I and that upon these inducements —First, the had me five six weeks before she consideration the thing itself, just, ne spake any thing more and was very un
otherwise conceive her meaning and purpose;
understanding proof others, and especially notable; for most them enough what her meaning was, neither was had the same beginning the Scotish queen's
which were
there any apparent and direct countermand, demerits, &c.
The first that spoke was Sir Walter Mill may—He handled eloquently the great causes
the Queen had deal severely with the Scotish
queen, and the importance the Parliament only; for she being prince wise, did his thereto, and her majesty's patience forbear judgment consider what violent attempts the ing, her wisdom being willing, her natural
favourites the queen might likelihood and accustomable clemency being slow; and
without the which he took that instrument irrevocable. For the charge secresy, conceived her meaning was, that should
kept from the common and public knowledge
offer that desperate plunge, should
compared her slackness with Mr. Davison's haste, though knew her mind herein very well. Then shewed, that such things might
not any wise extorted from princes, and that persuasions and entreaties are the utter most that subjects can offer; for the prince's
known that such Warrant was signed for her
execution, and not from her Council. For her
majesty's self after willed his way the Lord Chancellor, impart Francis Wal
singham, that then lay sick his house
London; herself made my Lord-Admiral privy heart God's hand dispose As for
sending him
being Privy Counsellors and Counsellors Estate, imparted none but my Lord Treasurer, and the rest, and that cxcusably regard the great credit and
the Council, known that prince's coun sellors are farther made privy any thing, than that pleaseth the prince, and oftentines that
and my Lord Chancellor
have some knowledge
should he think the Council should not know
stay the seal supra, sealing must needs
it; and then why
one that concealed from ano ther with great cause; and therefore you should not presume farther than you had express leave,
the rest proceed therein upon your own opi trust that her majesty usually reposeth my nion, howsoever your desire was for the end Lord Treasurer for matter greatest moment good and honest, especially seeing there hath
and weight. Secondly, for sending down the not been the like example. So concluded
VVarrant, did not without the opinion the Council, and therefore presumption
him and his own judgment, had suffi cient warrant the first delivery
from the queen herself. Then considering the troublesome rumours that were then
that the punishment should not regard the man's ability, but the quantity the crime committed, (by his judgment) ten thou sand marks, and imprisonment during her ma
jesty's pleasure. To which after agreed.
Sir Roger Manwood, Lord Chief Baron. —
abroad, and that information came daily from The second, shewed large the Scotish Queen's Ireland and Wales forces people arms, perpetual evil mind our queen, bereave and the report scattered abroad that Fother her her crown her life-time, her usurp ingay-Castle was broken, the prisoners gone, ing the Arms and Stile England posses
imparted
much less have been encouragement
of
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1247] STATE TRIALS, 30 Eliz. 1587. —Arraignment of W. Davison. [1248
sion, when she was first (out of the shell) mar ried into France, her dissembling of it in her widowhood, by laying the fault upon her late husband, and yet then seeking to be proclaimed
heir apparent in the life of her eldest sister, (for she never called her dear sister) which was a dangerous step to her purpose. After, in her
second marriage, her bloodiness in consenting
to her husband's murder, and upon that, flight
and deprivation ; her protection here by our
queen not only in life, but in honour; yet her
assenting to the purposes of the duke of Nor
folk; and yet after that, though then our queen
would not suffer her for that to be touched, nor
any way disabled, as many would have had
her, not only agreeing to traitorous plots, but tor, will hang him presently, before the Justice also complotting with them, and therein going depart out town.
beyond them all, so as we could never be in Lord Anderson. —He noted difference
quiet, but we had a Somervile, and then an Al law between Misprision and Contempt, that den, then a Throckmorton, then a Parry, and one was larger than the other, and both now lately Abington and Babington ; her ma point justice, and might when the War
jesty at length was forced to use a little severity rant Justice, Commissioner's Letter with her accustomed mercy, and one ounce of such matters not directly and straitly ob one with ten of the other. For even in this served; and urged, that Secretary should
proceeding against her, she might have been by the statute of Edw. 3, by a Jury of esquires and
gentlemen, attainted and burned, and her blood corrupt; yet her majesty did chuse by a new
order to deal more honourably with her. Then he came to this fact of Mr. Davison's, which he amplified by the consideration of her majesty's mind in this, proceeding the other did before the thing took Misprision and Contempt our law, punishable fine and imprisonment and said, that Misprision and Contempt any thing contrary to,
besides the prince's commandment point Justice, not other things; Justices
Westmi ster out Term, raze Indict ments Records; and gave other exam ples, the Ministers the Law, viz. Sheriffs
oses, which God might have put into her mn Parliament without their Oaths. So this thing jesty's mind, and herein you have seduced
for the last Statute, besides the condition and Proclamation, doth require the queen's direc
tion, and that must
either general, that not here granted;
men may which
particular, who,
there here any such, especially her majesty having knowledge the thing done. Fur ther, she was the Queen's prisoner, and there fore man might pretend take her away,
what means: neither
deliver her without special privity from the queen: and lastly, shewed, that the good intent was no warrant to transgress duty;
whereof put ment death Sheriff, for that
case two, where Judg given against one, and the
notorious thief or trai
execute their offices, return knights the
spoken others, but somewhat otherwise.
Sir James A-Croft. —He shewed his mind indifferently, with protestations his good-will
and good opinion the man; that was
rare example, and committed, he thought,
for want experience more than for want duty.
Lord Lumley. —He was somewhat sharp. Such Commissions of execution are sent Sheriffs; you sheriff, ought be very par ticular for such great personages; you had more Commission than &c. and of likelihood you have hereby prevented other good pur
then being high point justice, was not any respect done otherwise than her ma
jesty's express commandment would bear, pecially not with such haste, when she expressly
declared her mind the contrary; wherein Mr. Davison may seem this haste, her majesty had any other purpose, have pre
vented her, and God might otherwise have turned her mind; for not strange hear mutation her majesty respect this,
impart sir Francis Walsingham es him, and torn bim with our hands My peciality, was excluding the rest genera lords, why should Davison more zealous aud
the Execution the duke Norfolk, day
and day was appointed, and often her majesty
declared her unwillingness and lithfulness
have put him death, otherwise the law
might have been satisfied. The commandment royal person, which would not have run
lity; and farther, what told mv Lord Trea forward for his prince than we After re
surer could not gathered her majesty's plied that words, but rather the contrary; and the instru telling
ment was not peremptory and irrevocable took nor suicient Warrant for any
kind proceeding against the Scotish Queen, neither for the associates, nor for any other:
my Lord Chief Baron, that the Francis Walsingham did not ex proved, but rather implied
secret, and that was his duty have ex press commandment.
Sir Gilbert Gerrard, Master of the Rolls. —He handled the same matter that before
many grave Counsellors, &c. you were my
brother, would think ten times much
little enough, &c.
Lord Gray. —He proposed very vehe
mently the great exigence the good gentleman was that time: My good lords, consider, quoth he, and call mind what case we were daily, there came advertisement forces coine and arrived Ireland, Wales, adver tisements from abroad, from our provinces
home, even within miles this City, rising, firing, breaking holders, yea the destruction her majesty's royal person: otherwise than well had come her majesty's
clude the rest,
and presupposed that the rest should know
for without this especial information, he being
sick his house, and absent from the Court,
of
it,
as or in
:
he
to asof to ofor in
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1249] STATE TRIALS, 31 Eliz. 1580. -Trial of the Earl of Arundel. [1250
could not in any due time have knowledge of jesty's purpose forbear her death, which After agreed the Punishments but could not unknown Mr. Davison for wished that her majesty should have compas such things are means wrested
sion lous
erat.
him encourage others that were zea from princes, God will extraordinarily move
deserve well her and the state, and their hearts, and when shall most for his ended. Vulgique secutum ultima murmur glory. This example said, might dan gerous and inconvenient hereafter; and there fore concluded rather mischief than an
Earl Lincoln said little the purpose. Earl Cumberland was very short.
inconvenience, and agreed the punishment.
Earl Worcester was short, and be
13. Wraye chief, concluded the matter, and pronounced Judgment judicially 11. Archbishop York discoursed theolo upon the grounds alledged before others,
10. fore.
gically the necessity and worthiness virtue obedience, even strictly princes
bonun and bene, (as before my Lord Chief Jus Council, for that they were misled this tice justum and juste, which forgot afore man's undue suggessions.
the which enforced, &c. And after, from her majesty, spake somewhat justify her pro
things: and that non faciendum malun
veniat bonum, adding the difference between that she did not for this impute any fault her
inde ceedings these matters, and declare
Mr. Davison submitted himself the judg ment the queen's mercy, and requested that might propose question, which took upon his credit such they would not said was sound and eonversant) dislike, and therefore had leave and re
relate) and good intents not make the fact excusable, and that ought have direct, express, and iterated coinmand; where
cited Itule out Civil Law, (wherein
this purpose, the Prince commanded aliquid quest. His question was, this being my 2nagnum libera, tenta persistat, habe hands, her majesty had miscarried, what should secundan jussionem concluded, did have become me? To this, sir Walter agree the punishment, but was sorry that Mildmay and my Lord Chies-Baron answered, Mr. Davison, whom had heard well,
should fall into this cause, could not help
that my lord Gray had moved already. His request was not for mitigation his Fine,
it; wiser man might bave been led with zeal, and none of would have undone.
nor for enlargement Prison, although could never all his life worse bear than now much less for his former estate: than
12. Archbishop Canterbury, having said
first somewhat of her who troubled all only that might with her majesty's favour both alive and dead, and theologically mise enjoy any condition whatsoever, requesting ricordia puniens, out the Psalm, where them intercessors for this. Nothing God plagueth the enemy his Church, this was said, but they arose and departed.
“for his mercy endureth for ever;' for this present matter, said, non factum, sed modus,
These am sure are the principal matters any them uttered, far mysels,
my conference could recal mind.
Er Autographo Guliclini Nutti, qui oculatus
question, thing done, thought,
unfeignedly zeal, and that which might have
been better done consideration her ma testis adsuit.
was
66. The Trial PHILIP HowARD, Earl ARUN DEL, before the Lords, for High Treason: ELIZ. 18th April, 1589. ”
FROM the outward Bar the King's-Bench, noblemen and officers, four Serjeants arms, there was Court, made foot square, with their maces, waiting before him; next
within which was table foot square, before his grace the earl Oxford, Lord Great covered with green cloth and the same Chamberlain England. My lord Derby's Court were benches upon, covered with grace being seated his chair state, every green say. the midst the same Court, nobleman was placed his degree, Garter the upper end, was placed cloth state, king Heraults. At his grace's feet did
ward from the midst the same Court, men Ushers, holding long white wand his the midst the hall, was built Gallery for hand, being accompanied with Mr. Norris, the Prisoner come upon the Court, serjeant the Garter. Before them did sit length 110 foot, and breadth foot, and Mr. Sandes, the Clerk the Crown the height from the ground foot, railed round King's-Bench.
about, and going down with seven steps. - Opposite against my lord's grace did the Between eight and nine the clock the queen's learned Counsel, viz. Serjeant
with Chair and Cushion for the Lord Ste Mr. Winckefield, one her majesty's Gentle
morning, the earl Derby, Lord Steward his Puckering. Serjeant Shettleworth.
Mr.
grace, entered the Hall, attended mihi. Cand. Eliz. sub anno 1589. Part
WOL.
divers Popham the Queen's Attorney-General.
Mr. Egerton, the Queen's Solicitor.
The Names of the Commissioners on the Right-Hand sitting upon lower Bench, under
* *
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1251]
STATE TRIALS, 31 Eliz. I589. -Trial of the Earl of Arundel, [1252
the Lords of the Jury. 1. Sir Francis Knowles, nobles, and others there present. Then did kt. Treasurer of the Houshold. 2. Sir James Mr. Sandes, Clerk the Crown, say was
a Crosts kt. Comptroller of the Household. indicted several Treasons, and said unto him, 3. Sir John Parrat, one of her majesty's most ‘Philip Howard, earl Arundel, late Arun
honourable Privy-Council. 4. Mr. Wolley, Secretary of the Latin tongue, of the Privy Council. 5. John l'ortescue, Master of the Wardrobe, and of the Privy-Council. 6. Dr.
Dale, one of the Masters of Request to her inajesty. 7. W. Fleetwood, Serjeant at Law,
and Recorder of London. 8. Mr. Rock's,
Mastcr of Requests, and Master of St. Cathe rinc's. -
del the county Sussex, hold thy hand. ’
He held hand very high, saying, ‘Here
true man's heart and hand, ever came into this Hall. '
Mr. Saúdes then read the Ix pictor FNT
“That whereas divers traitorous persons,
the parts beyond the seas, being liaturai Eng lish-mei, viz. Dr. Alien, Parsons, Champion, Mott, and divers others, have retofore, di
The Names of the Commissioners on the vers and sundry times, with sundry persons,
Left-Hand. 0. The Lold Chief Justice of Eng land, Christopher Wray. 10. The master
of the Rolls, sir Gilbert Gerrard. 11. The
Lord Chief Justice the Common-Pleas, Ed queen's majesty, her royal person, crown and mund Anderson.