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.
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.
Complete Collection of State Trials for Treason - v01
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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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
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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
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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
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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
do
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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.
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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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
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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
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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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sir
2 he he
to be
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
of
-
be
*
by he
of
of in
of is allan for to his
in
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of
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is,
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
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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
do
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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.
