even now her words, took opportunity, and
And the 3rd Some there that bring rising up, protested that his mind was free from
carts hither early the morning, three carts may prepared; that being the midst the great gate, the carts might fall down, overthrow; that thereupon you might come
all malice: call God, said he, record, that
private person have done nothing unbe
seeming honest man; nor bear, the place public person, have done anything unworthy my place.
And the 3rd Some there that bring rising up, protested that his mind was free from
carts hither early the morning, three carts may prepared; that being the midst the great gate, the carts might fall down, overthrow; that thereupon you might come
all malice: call God, said he, record, that
private person have done nothing unbe
seeming honest man; nor bear, the place public person, have done anything unworthy my place.
Complete Collection of State Trials for Treason - v01
oursecretary for the Latin tongue, another
our privy-council; and also our trusty and be
loved Christopher Wray, chief justicer
assigned for the pleas holden before us; many dangers, yet hath credit been given
and our trusty and beloved Edmund An derson, kt. our chief justicer the bench Roger Manwood, kt. our chief baron our exchequer: Thomas Gawdy, one
our justicers assigned for the pleas hol
den before us; and William Periam, one our justicers the bench, greeting, &c. —
“Whereas since the end the session par liament, namely, since the first day Juné,
unto me, but have been always contemned, though most nearly allied unto her blood.
When the Association was entered in, and the Act Parliament thereupon inade, foresaw
that whatsoever danger should happen either from foreign princes abroad, from ill-disposed people home, for religion's sake, must bear the whole blame, having many mortal enemies the court. Certainly might take
vity the same Mary, we are given un derstand and whereas we intend and de termine, that the act aforesaid all and every part thereof duly and effectually exe cuted according the tenor the same, and that all offences abovesaid, the act above said mentioned, aforesaid, and the circum stances the same, examined, and sentence
judgment thereupon given, according the tenor and effect the said act: you, and the
singular matters compassed and imagined, tending the hurt our royal person, well
the aforesaid Mary, any other person persons whatsoever, cum scientia, English,
with the privity, the same Mary, and cir cumstances the same, and all other offences abovesaid the act aforesaid, aforesaid,
mentioned whatsoever, and all circumstances
therefore we command you, that you certain days and places, which you, the greater part you, shall thereunto fore-ap
these Commissioners came Fotheringay-castle the
the river Nen, where the queen Scots was then kept. The next day the commissioners sent her sir Walter Mildunay, Powlet, and Edward Barker, publick notary who deli
straitly kept prison, and grown lame my limbs, have lien neglected, after have offered many reasonable conditions my liberty.
Though have thoroughly forewarned her
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1169) , STATE TRIALS, 28 Eliz. I586–WMary Queen of Scots, [1170
it hardly, and not without cause, that a Con judgings, give some shew and colour federacy hath been made with my son withost just and legal proceeding. She warned them my knowledge : but such matters I omit. As therefore look their consciences, and
for this Letter, it seeneth strange to me, that
the queen should couns and me as a subject, to appear personally in judgment. I am an ab
remember, that the theatre the whole world
much wider than the kingdom England. She began then complain injuries done
solute queen, and will do nothing which may unto her and the Lord Treasurer interrupt
prejudice either mine own royal majesty, or
other princes of my place and rank, or iny
Ware. The laws and statutes of England are duke Norfolk, for the rebellion the north, to me most unknown ; I am destitute of coun and for other matters. All which when she
sellors, and who shall be my peers I am utterly seened little esteem, they returned back. ignorant. My Papers and Notes are taken Within few hours after, they delivered unto from me, and no man dareth step forth to be her, the hands Powlet and the Solicitor, iny advocate. I am clear from crime the chief points their Commission, and the
son. My mind is not yet dejected, neither
ing her, began rack queen Elizabeth's
kindnesses towards her, namely, that she had punished some, which inpugned the claim she
laid England, and had been means keep her from being condemned the estates
will I sink under my calamity. I refer myself
to those things, which I have protested before
Brouiley, now chancellor, and the lord La the realm, for the marriage sought with the
against the queen, have excited man against her, and am not charged but
mine own word writing, which cannot produced against me. Yet can not deny but
have couniuended myself and my Cause foreign princes. ”
The next day there returned unto her the name the Commissioners, Powlet and Bar ker, who shewed unto her unis Answer drawn
Writing, and asked her, whether she would persist the same. When she had heard distinctly read, she commended rightly
names the Commissioners, that she might see, that they were proceed according equity and right, and not any cunning point
law, and extraordinary course. She took no Exceptions against the Commissioners, but most sharply excepted against the late, law, upon which the authority their commission wholly depended; that was unjust, de vised purpose against her, that was with out example, and such where unto she would never subject herself. She asked, what law they would proceed the civil
canon
therein. But this, said she, have forgotten, fetched from Pavia, Poictiers, and other which would have be added thereunto foreign universities; for England none are
detainca Prison, and could not enjoy the protection benefit the laws England
and truly conceived, and said, she would persist law, then said she, interpreters are
Whereas the queen hath written, that am found that are meet. She added also, subject the laws England, and judg That was manifest, plain words the ed them, because have lived under the queen's Letters, That she was already fore protection them answer, that came into judged guilty the crime, though un England crave aid, and ever since have been
nay, could never yet understand from any man, what manner laws those were.
the said Letters, which she had for herself noted confusedly, and snatches, severally themselves, but would not deliver them
In the afternoon came unto her certain se
written out; for stood not, said she, with her royal dignity, play the scrivener.
lected persons from amongst the Commission ers, with men learned the civil and canon law. But the Lord Chancellor and the Lord
Treasurer declared their authority patent, and shewed that neither her imprisonment, nor her prerogative royal majesty could exempt her from answering this kingdom
Touching this matter, the said selected Com missioners went unto her again, whom she signified, that she did not well understand what those words meant, ‘seeing she under the queen's protection. ” The Lord Chancellor answered, That this was plain every one understanding, yet was not for subjects interpret what the queen's meaning was, neither were they made commissioners for that end.
with fair words advising her hear what
matters were objected against her
otherwise they threatened, that authority
law, they both could and would proceed against
her, though she were absent. She answered, Then she required have her protestation
Voitshe was subject, and rather would she shewed and allowed, which she had formerly die thousand deaths, than acknowledge her made. was answered, that never had self subject, considering, that such ac been, nor now was allowed, for that knowledgement, she should both prejudice the was prejudicial the crown England. She height regal majesty, and withal confess her asked, By what authority they would proceed
self bound the laws England,
even matter religion nevertheless she
was ready answer things free and
full parliament, for that she knew not whether sure, whereunto have no reason submit this meeting and assembly were appointed myself, considering that the English tines against her, being already condemned
WQL.
-
But, said she, Ye make laws
fore past refused submit themselves the Law
heard and therefore there was reason why she should appear before them and she re quired satisfied touching some scruples
was answered, authority mission, and the common law
their Com England. your plea
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1171] STATE TRIALS, 28 Eliz. 1586. —Proceedings against , [1172
Salique of France: and if they would proceed than that you were charged with such crime. by the common law of England, they should Wherefore lay aside the bootless privilege produce precedents and cases, forasmuch as royal dignity, which now can use unto that law consisteth much of cases and custom : you, appear judgment, and shew your inno and if by the canon law, none else ought to cency, lest avoiding Trial, you draw upon interpret the same, but the makers thereof. It yourself suspicion, and lay upon your reputa was answered, That they would proceed neither tion eternal blot and aspersion.
by the Civil nor Canon Law, but by the Com refuse net (said she) answer full
mon Law of England : that it might neverthe parliament before the estates the realm law
less be proved by the civil and canon law, that fully assembled, may declared the
she ought to appear before them, if she would next the succession; yea, before the queen not refuse to hear it. And indeed she refused and council, my protestation may be ad
not to hear but, she said, way Inter mitted, and may acknowledged the next tocution, not Judicially. kin the queen. To the judgment mine
From hence she fell into other speeches, adversaries, amongst whom know all defence That she had intended nothing the destruc mine innocency will barred, flatly, will
tion the queen; that she had been incensed with injuries and indignities; that she should be stone offence others, she were unworthily handled that Naw she had offered her best means for revoking the bishop
not submit myself.
The Lord Chancellor asked her, whether she
would answer, her Protestation were ad
mitted will never (said she) submit myself the late law mentioned the Commission.
Rome's Bull; that she would have defended
which she had tendered these twenty years, tinue contumax.
her innocency letter, but was not allowed We, notwithstanding, will proceed to-morrow
her and finally, that the offices kindness, the Cause, though you absent and con
Hereupon the Lord Treasurer answered;
Search (said she) your consciences, look your honour, God reward you and yours for your Judgment against me.
On the morrow, which was the 14th the month, she sent for certain the Commis sioners, and prayed them, that her Protestation might admitted and allowed. The Lord Treasurer asked her, Whether she would ap pear her Trial, her Protestation were only received and put writing, without allowance. She yielded length, yet with much ado, and with ill-will, lest she should seem (as she said) derogate from her predecessors suc cessors; but was very desirous purge herself
the crime objected against her, being per suaded Hatton's reasons, which she had weighed with advisement.
Soon after, the Commissioners which were
present, assembled themselves, the Presence
Chamber. At the upper end the Chamber
was placed Chair estate for the queen
England, Over-against under cloth estate.
below and more remote, near the transom
beam that ran cross the room, stood chair forthe queen Scots. At the walls both Law, nor the Law nations, nor nature. sides, were placed benches, upon which sate,
For such kind offences might committed the one side, the Lord Chancellor Eng without punishment, justice would stagger, land, Lord Treasurer England, the earls
were rejected. Thus while she wandered far these digressions, they called her back again, and prayed her speak plainly, whether
she would answer before the commissioners.
She replied, That the authority their delega
tion was sounded upon late law made in
trap her; that she could not away with the
queen's laws, which she had good reason suspect; that she was still full good courage,
and would not offend against her progenitors, the kings Scots, acknowledging herself
subject the crown England for this were nothoing else but profess them openly to have been rebels and traitors. Yet she re
fused not answer, she might not re
duced the rank subject But she had
rather perish utterly than answer crimi nal person.
Whereunto Hatton, Vice-Chamberlain
queen Elizabeth, answered
You are accused have conspired the
(but not Destruction our
lady
and queen anointed. queen so. But
You say you are
such crime the royal dignity not exempted
from answering, neither the Civil nor Canon
you innocent, Oxford, Kent, Derby, Worcester, Rutland,
Cumberland, Warwick, Pembroke, Lincoln, and the lord viscount Montacute; on the other
side, the barons Abergavenny, Zouch, Mor
ley, Stafford, Grey, Lumley, Sturton, Sandes, examine therefore your innocency, she hath Wentworth, Mordant, St. John Bletsho,
yea, fall the ground. §. wrong your reputation
avoiding Trial. innocent, but queen Elizabeth thinketh otherwise, and that neither without grief and sorrow for the same. To
protest yourself
appointed for Commissioners most honourable, prudent and upright men, who are ready bear you accoording equity with favour, and will rejoice with their hearts, you shall clear yourself this crime. Believe me, the queen herself will much affected with joy, who affirmed unto me my coming from her, that never any thing befel her more grievous,
Compton, and Cheiney. Nigh unto these sate the knights the Privy-Council, James Croftes, Christopher Hatton, sir Francis Walsingham, Ralph Sadleir, Walter Mildmay, and Amias Powlet. Forward, before the earls, sate the two Chief Justices, and the Chief Baron the Exchequer: and
the other side two barons, the other Jus
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so
i 173] STATE TRIALS, 2s Eliz. 1586. —Mary 2ween of Scots.
tices, Dale and Ford, doctors of the Civil-Law;
[l 174
and at a little table in the midst sate Popham the queen’s Attorney, Egerton the Solicitor,
approved as sented unto promised her assistance, and
Gaudy the queen's Serjeant at Law, the Clerk | of the Crown, and two Writers.
shewed the way and means.
courage,
She answered with stout That she
knew not Babington, that she never received When she was come, and had settled herself any Letters from him, nor wrote any to him ; in her seat, after silence proclaimed, Bromley that she never plotted the destruction of the Lord Chancellor turning to her, spake briefly queen, and that to prove the same, her Sub to this effect : The most high and mighty queen scription under her own hand was to be pro
Elizabeth, being j. great grief duced; part
not without of that for her she never so much as
Inind advertised, that you have conspired the heard speak thereof; that she knew not Bal Destruction of her and of England, and the lard, nor ever relieved him ; but she under Subversion of Religion, hath, out of her office stood from some, that the catholics in England and duty, lest she might seem to have neg- | took many things very hardly, and hereof she
lected God, herself people, and out of uo malice at als, appointed these commis- sioners, to hear the matters which shall be
herself had advertised the queen by Letters,
and besought her to take pity on them ; that many also, which were to her utterly unknown,
had offered her their help and assistance, yet had she excited no man to commit any of: fence; and being shut up in prison, she could
neither know nor hinder what they attempted. Hereupon was urged out Babington's
Confession, that there had been intercourse by Letters betwixt her and Babington. She con fessed that there had passed Conference Letters betwixt her and many men, yet could
not thereby gathered that she was privy their wicked counsels. She required that her own Subscription, under her hand,
might produced; and asked, what hurt were, she redemanded the Letters, which had been kept from her almost whole year Then were read the Copies Letters between her and Babington, wherein the whole Conspi racy was set down.
objected unto you, and how you can clear
yourself of them, and make known your inno- cency. -
She rising up, said, That she came into Eng land crave aid, which had been promised her, and yet was she detained ever since prison. She protested, that she was subject the
cluded, That she knew of
-
free and ab constrainca
Judge whatsoever, for any cause whatsoever,
save before God alone the highest Judge, lest
she should prejudice her own royal majesty,
the king Scots her son, her successors,
other absolute princes. But, that she now appeared personally, the end refute the
crimes objected against her. And hereof she prayed her own attendants bear witness.
queen's, but had been and was solute queen, and not
appear before commissioners,
any other
The Lord Chancellor, not acknowledging The Scotish Queen's Letter Anth. Babington.
that any Aid had been promised her, answered,
he were) should offend against the laws England, England, was subject unto the
same laws, and the late act might ex amined and tried the said Protestation there fore made prejudice the laws and queen
My very good friend, long
vain, whosoever (of what place and degree soever
i. i.
That this Protestation was
for that
albeit
from me, not more than
England, was not admitted. The have understood, that upon the renewing
Commissioners nevertheless commanded, that well her Protestation, the Lord Chan
cellor's Answer, should recorded.
Then after the Commission was openly read,
which was grounded upon the Act already often mentioned, she stoutly opposed her Pro testation against the said Act, enacted di rectly and purposely against her, and herein
she appealed their consciences.
When Answer was made the Lord Trea
surer, that every person this kingdom was
bound even the latest laws, and that she ought not speak against the laws: and that the Commissioners would judge, according
that law, what Protestations Appellations
soever interposed, she said length, that
she was ready hear and answer touching any fact whatsoever against the queen England.
your abode, the custody point, allirming, that she had offended against ‘tan, and meer Leicestrian,
wicked puri mortal enemy your majesty and
Gawdy now opened the law from point
-
‘you, Scotland,
both from France and some
since you
‘have done from you, against my will “yet would not you should think have ‘the mean while, nor ever will be, unmindful
the effectual affection you have shewed “heretofore towards all that concerneth me.
‘your intelligence, there were addressed unto
‘packets for me; pray you, any come ‘to your hands, and yet place, deliver ‘them the bearer hereof, who will safely ‘convey them unto me; and will pray
God your preservation. Your assured ‘good friend, MARY, Regina. ' June the 28th,
‘Chartley. ’
Anth. Babington's Letter the Scotish Queen.
Most mighty, most excellent, my dread sovereign lady and queen, unto whom owe fidelity and obedience; may please
your gracious majesty admit excuse my
long silence, and discontinuance from those dutiful offices, intercepted upon the remove
*
the same; and hereupon made historical ‘both faith and faction
discourse Babington's Conspiracy, and con ‘to the catholic estate held the hope our
your royal person from the antient place
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1175] STATE TRIALS, Eliz. 1580–Proceedings against [1176
“country's weal depending (next under God). “upon the life of your majesty, to be desperate, and thereupon resolved, to depart the realm,
determining to spend the remnant of my life
in such solitary sort, as the miserable and ‘jesty this desperate service, except unknown wretched estate of my country doth require; unto us; and seeing that very necessary only cospecting, according to the just judg that some there should be become heads to ment of God, the present confusion thereof, lead the multitude, who are disposed na which God, for his mercy sake, prevent. ‘ture this land follow nobility consider The which my purpose being in execution, ‘ing withal, doth not only make the commons and standing upon my departure, there was ‘and country follow without contradiction
addressed onto me, from the parts beyond the
seas, one Ballard, a man of virtue and learn
ing, and of singular zeal to the catholic cause,
and your majesty's service. The man in “mend some to your majesty as are fittest, in formed me of great preparations by the my knowledge, your lieutenants, the Christian princes, your majesty's allies, for west parts, the north parts, South Wales,
the deliverance of our country from the ex treme and miserable cstate wherero for a long time it hath remained. Which when I un
and North Wales, the countries Lancaster,
Derby, and Stafford. which countries,
parties being already made, and fidelity taken derstood, my especial desire was, to advise ‘in your majesty's name, hold them most by wiat means I might, with the hazard of assured, and undoubted fidelity. Myself,
my life, and my friends general, your sacred majesty one day's good service. Whereupon, most dread sovereign, according
the great care, which those princes have
the preservation and safe deliv rance your inajesty's sacred person, advised means,
circumstances accordingly,
with ten gentlemen quality, and hundred followers, will undertake the delivery your
person from the hands your enemies; and for the dispatch the usurper, from obedience whom, the excommunication her, we
are made free, there six noble gentlemen, my private friends, who, the zeal they
bear the Catholic cause, and your majesty's service, will undertake the tragical execution.
resteth, that according their infinite de ‘serts, and your majesty's bounty, their heroical
‘your wisdom direct us, and your princely
contention, which ever found equality, but also doth add great courage the leaders. For which necessary regards, would recom
‘authority enable and such may ad “vance the affairs foreseeing, there not any the nobility, liberty, assured your ma
and considered and with trusty, with
imany safety secrecy thereof unto:
the wisest and most might, commend the find, the as sistance the Lord Jesus, assurance good
effect, and desired fruit our travail. These attempts may honourably
things are first advised this great and honourable action upon issue which de pendeth, not only the life your most excel lent majesty, which God long preserve, our inestimable comfort, and the salvation
English souls, and the lives actors
therein but also the honour and weal our
country, far more dear than our lives unto us. “circumstances concur; that the untimely end and the last hope cver recover the faith of the one do not overthrow the rest. All our forefathers, and redeem ourselves from ‘which majesty's wonderful experience the servitude and bondage, which hereby ‘and wisdom will dispose good manner as, heretofore hath been imposed upon with doubt not, through God's good assistance, the loss many thousand souls. First, for shall take deserved effect: for the obtaining
the assuring
invasions, sufficient strength parts arrive appointed,
Litchfield, expecting with them, and warrant their landing, the de ‘your majesty's answers and letters, execute liverance your majcsty, the dispatch ‘what them shall commanded. Your the usurping competitor. For the effecting ‘majesty's faithful subject, and sworn servant, all, nay please your majesty rely upon ANTHoNY BAB INGTo N. ” my service, protest before the Almighty, As for these Letters (said she) may that
the invaders with strong
party every place, join
which every one nost happily spent.
shall think his life Upon the twelfth day
proved royal person, doubt some universal that received them: Babington any good, that what have said shall perform others affirm say they lye openly; other
who hath long miraculously preserved your Babington wrote them, but
cd, our lives happily lost the execu men's crimes are not cast upon me.
‘tion thereof. Which vow all the chief actors Packet Letters, which had been kept from
have taken solemnly; and are upon assurance, me almost whole year, came my hands your majesty me, receive the blessed about that time, but whom was sent,
“sacrament thereupon, either prevail the ‘church's behalf, and your majesty's, fortu
“nal cly die for honourable cause. Now,
“forasmuch delays are extreme dangerous, “might please your most excellent majesty,
know not.
To prove that she had received Babington's Letters, there were read out Babington's Con fession the chief heads certain Letters, which
had voluntarily confessed, that she wrote
rewarded them, they escape with life, their pos
“terity; and that much your majesty's
authority “it remaine
may able assure then. Now only your majesty's wisdom,
reduced into method, that your
that
happy deliverance first, for that thereupon
dependeth the only good, and that the other
this month will
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1 177] STATE TRIALS, 28 Eliz. 1586. —Mary 2ueen of Scots. [1178
back unto him : wherein when mention was albeit had particular interest this case,
made of the earl of Arundel and his brethren,
and the earl of Northumberland, the tears
burst forth, and she said, Alas! what hath that
noble house of the Howards endured for my Inost willing employ therein my life, and
sake 2 and shortly after, having wiped away the that have, may look for this world. tears, she answered, That Babington might con Now ground substantially this enterprize,
fess what he list, but it was an open lye, that she had devised such means to escape : That her adversaries might easily get the Cyphers, which she had used to others, and with the same write many things falsely: that it was not likely she should use Arundel's help, whom she knew to be shut up in prison ; or Northumberland's,
who was very young, and to her unknown. There were read also certain points picked out of Savage's and Ballard's Confessions, who
had confessed that Babington imparted unto them certain Letters, which he had received from the queen of Scots.
She affirmed, That Babington received none from her, yea that she was angry with some which had secretly suggested counsels unto her for invading of England, and had warned them to beware.
Now was there a Letter brought forth,
wherein Babington's Plot was coinmended and approved.
The Answer of the Scotish Queen to a Letter written by Anthony Babington, 12 July. 1586. -
“TRUsTY and well-beloved, according to the zeal and entire affection which I have known
in you towards the common cause of Reli gion, and mine, having always made account of you as a principal and right worthy mem ber to be employed both in the one, and in the other; it hath been no less consolation unto me to know your estate, as I have done
by your last Letter, and to have further means to renew my intelligence with you,
and bring good success, you must ex
amine duly, What forces, well foot horse, you may raise annong you all;
and what captains you shall appoint for them every shire, case general cannot
had. Which towns, ports, and havens, you may assure yourselves, well the North, West, and South, receive succours,
well from the Low-Countries, Spain, and France, from other parts. What place you esteen fittest, and most advantage assemble the principal company
than I have felt griefs withoutthe same.
often you can, concurrents, which you may judge any sort importunate the good mine affairs,
wherein shall not fail correspond with
the care and diligence that shall possi bility. For divers great and importunate con
write unto me hereafter,
this while past, pray you therefore
siderations, which were here too long
deducted, cannot but greatly praise and that were vain) take diligent order, that
commend your common desire prevent, time, the designment our enemies, for the extirpation our religion out this realm, with the ruin for have long ago shewed the foreign catholic princes, what they have done against the king Spain, and the time the catholics here remaining,
those your part make, secretly they can, provision armour, horses, and ready money, wherewith hold themselves readiness march soon shall sig
nified unto you the chief and principal every shire; and for the better colouring
the matter, reserving the principals the knowledge the ground the enterprizes,
exposed
persecutions and cruelty, number, forces, means and remedy not thereunto
daily diminish
power,
speedily provided, fear not little but that made only for the fortifying yourselves
they shall become altogether unable for ever rise again receive any aid when “soever offered. Then for my own part,
case need, against the Puritans this realm, the principal whereof having the chief
forces thereof the Low Countries, you pray you assure our principal friends, that “may the bruit disguised, seek the
that that may pretend unto, being
consideration me respect the public good the state, shall always ready, and
the same time, which would
conform the proportion
For how long pay and munition, and what ports are fittest for their landing this realm, from the foresaid three foreign countries. What provision monies and arunour, case you should want, you would ask.
what means the six gentlemen deliberate proceed. The manner my getting forth
this hold. —Which Points having taken amongst you who are the principal actors,
you can the that you in
shall enough the beginning give
out the rest, that the said provisions are
your forces compassed
your own.
and also few number best resolution my device part the same with diligence
Bernardin Mendoza, ambassador lieger for the king Spain France, who besides the experi
ence hath the estate this side, may assure you, will employ himself most willing: shall not fail write him of the matter
with the recommendations can, also
shall any wise that shall
But you must take choice men for the ma naging the affairs with the said Mendoza, and others out of the realm of some faithful and very secret, both wisdom and person age, unto whom only you must commit your selves; the end things may kept the more secret, which for your own security commend yourself. your messenger bring you back again sure promise, and suf ficient assurance the succours which you demand, then thereaster (but not sooner, for
needful.
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1170] STATE TRIALS, 28 Eliz. 1586. —Proceedings against
oc. * only against me and other lawful pretenders ‘end remitting
thereto, but against their own queen that now “cipal friends
• ruin and overthrow at their return home of “effecting the said enterprize,
* the catholics, and to usurp the crown, not ‘grace
you may bring
the same
she will not altogether submit herself their government. These pretexts may serve
found and establish among associations,
confederations general, done only for
your preservation and defence, well
religion lands, lives, and goods, against
the oppression and attempts the said Pu quisite for the intire execution their good
ritans; without, directly writing, giving
out any thing against the queen, but rather
shewing yourselves willing maintain her
and her lawful heirs after her, not naming me.
The affairs being thus prepared, and forces
readiness, both without and within the realm,
then shall time set the gentlemen
work; taking good order, upon the accom
plishment their discharges, may sud
denly transported out this place, and meet proceed the enterprize: for shall any without tarrying for the arrival the foreign time die most contentedly, understanding aid, which then must hastened with all “your delivery out the servitude wherein
diligence. Now for that there can
certain day appointed for the accomplishment
“you are holden slaves. shall assay, that “at the same time that the work shall be
‘hand, that present make the catholics
[1180
overture such propositions you shall amongst you find best: and yourself particular, refer the gentlemen aforemen tioned, be assured that should be re
with the happy the judgment your prin this side, with whom you have deal, therein ordain and conclude upon these points, which may serve you for
wills. leave their common resolution
advice case the design not take hold, may happen whether they will no, not pursue my transport, and the execution
the rest the enterprize. But the Inishap
should fall out, that you might not come me, being set the Tower London,
auy other strength, with strong guard; yet notwithstanding, leave not for God's sake
the said gentlemen's designment, the
end others may readiness take me ‘ofScotland arise, and put my son their
‘hands, the effect, that from thence our ene ‘inies here may not prevail any succour: “would also that some stirring were Ireland,
and that were laboured begin some time ‘before any thing done here, and then that ‘the alarm might begin thereby the flat
appointed for my transporting; the end
that immediately after they may the
place mine abode, before my keeper can
have advertisement of the execution of the
said designment, the least before can
fortify himself within the house, carry brethren, and likewise seek the young
from hence, would that the said gentlemen had always about them, least court,
divers and sundry scoutmen, furnished with good and speedy horses, soon the design shall executed, come with diligence
advertise me thereof, and those (that shall
‘contrary side: that the stroke may come from your designs, have some general,
me out the same. were necessary dispatch two three the said advertisers
divers ways, the end, one staid the other may come through the same instant
were needful also assay cut the posts ordinary ways. This the plot that think
best for this enterprize, and the order where we shall conduct the same for our com mon security for stirring this side be
earl Northumberland, be liberty,
from over the sea; the earl Westmoreland ‘Inay had, whose hand and name, you
“know, may much the North parts; also “the lord Paget, good ability some shires ‘thereabouts: both the one and the other may
had, amongst whom secretly some more principal banished, inay return, the enter prize once resolute. The said lord Paget
“fore you sure sufficient foreign forces, “is now Spain, and may treat that,
that were for nothing but put ourselves
danger following the miserable fortune ‘such have heretofore travelled the like
actions; and you take me out this place, be well assured set me the midst of
‘good army, some very good strength, where may safely stay till the assembly your
his brother Charles, directly himself, “you will commit unto him touching the affairs. “Beware that none your messengers, that
you send forth the realm, carry any letters upon themselves; but make their dispatches,
and send them either after before then
some others. Take heed spies and false forces, and arrival the said foreign suc brethren that are amongst you, especially
cours. were sufficient cause given the some priests, already practised upon your queen, catching me again, inclose me enemies for your discovery and any case
some bold, out the which should never “escape, she did use me worse; and ‘pursue with extremity those that assisted ‘me, which would grieve me more than the
keep never paper about you, that may
any sort harm for from like errors have coine the condemnation of all such as have
suffered heretofore, against whom otherwise unhappiness might fall upon myself. Ear nothing could justly have been proved. Dis
nestly you can, look and take heed most ‘carefully and vigilantly compass and assure
“all well, that shall uccessary for the
cover little you can, your names and in tentions the French ambassador, now lieger Loudon; for although, understand,
chief head, are very pertinent; and therefore “were good send obscurely for the pur ‘pose the earl Arundel, soune his
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1181] STATE TRIALS, 28 Eliz. 1586–Mary Queen of Scots. [118%
* is a very honest gentleman, yet I fear his her part, she would not purchase the kingdom • master entertaineth a course far contrary to with the death of the meanest man of the com
there were many which attempted dangerous
“our designment, which may move him to dis mon people, much less the queen: That
oP. • thereof. All this while
* cover us, if he had any particular knowledge
change
* and remove from this house; and for answer, late Letter, which she had received, Pardon
• the castle of Dudley hath been named to
some, without her
they should enter
by appearance
* serve the turn; so as about
sued to
without her was asked her
privity:
* the end of this summer, I may go thither: was easy matter counterfeit the Ciphers * therefore advise so soon as I shall be there, and Characters others, young man did “what provision may be had about that part, very lately France, which had vaunted him self be her son's base brother: That she
* for my escape from thence. If I stay here, * there is but one of these three ways or means, * to be looked for.
feared also lest this were done now Wal
singham bring her her death, who, she * The 1st, That at a certain day appointed for heard, had practised against her life and her * my going abroad on horseback on the Mores, son's. She protested that she had not much
-- between this and Stafford, where ordinarily, thought the destruction the queen; that “you know, but few people do pass, fifty she had rather most gladly spend her own life, threescore horsemen, well mounted and arm than for her sake the Catholics should be so
ed, come take me away, they may ea afflicted hatred her, and drawn cruel
“sily; my keeper having with him but eighteen twenty horses, with only dogs.
death. And withal she shed plenty tears. But (said the Lord Treasurer) man which hath shewed himself good subject, was ever soon after, and set fire on the barns and sta put death for Religion; buot some have heen
The 2nd means, To come midnight,
designs
knowledge; very and
prize any thing
That
bles, which you know are near the house; and whilst my guardian servants shall come forth the fire, your company having duly
mark, whereby they may known one
from another, some you may surprize the thors, replied he, such Books, write also house, where hope with the few servants that the queen had forfeited dignity. have about me, shall able give you cor Walsingham, who hath found himself taxed respondent aid.
even now her words, took opportunity, and
And the 3rd Some there that bring rising up, protested that his mind was free from
carts hither early the morning, three carts may prepared; that being the midst the great gate, the carts might fall down, overthrow; that thereupon you might come
all malice: call God, said he, record, that
private person have done nothing unbe
seeming honest man; nor bear, the place public person, have done anything unworthy my place. confess, that being very careful for the safety the queen and realm, have curiously searched out the prac tices against the same. Ballard had offered
suddenly, and make yourselves masters
the house, and carry me suddenly away;
you might easily do, before any number
soldiers, who lodge sundry places forth
this place, some half mile, and some me halp, should not have refused yea, whole mile, could come relieve. Whatso would have recompensed the pains had ever issue the matter taketh, do, and shall taken. have practised any do. with him, think myself obliged, long live, to why did not utter save his life
wards you, for the offers you make hazard With this answer, she said she was satisfied:
yourself you for my deliverance and She prayed him would not angry, that ‘by any means that ever may have, shall she had spoken freely what she had food re
“do my endeavour deserts: therein
recognize my effects your have commanded more
made for you, which
ported; and that would give more credit those that slandered her, than she did such
who accused him That Spies were men doubtful credit, which dissemble one thing, and speak another; and that would sort believe that she had consented the queen's destruction. And now again she burst forth
ample alphabet
herewith you shall receive. God Almighty
have you his protection. Your assured friend for ever. MARY, Regina. -Fail not burn this privately and quickly. '
Of this Letter she required Copy, and into tears; would never, said she, make affirmed, That proceeded not from her, but shipwreck my soul, conspiring the de
haply from her Alphabet Ciphers France: That she had done her best endeavour for the
struction my dearest sister.
was answered the Lawyers, that this
should soon disproved Testimony. Thus
far
recovery liberty, her
which nature itself loweth, and had solicited her friends deliver
the forenoon. the afternoon,
-
disprove this, was pro Letter which Charles liver her, she answered not word. Never Paget had written; and Curle, one her theless, she much desired divert the storm secretaries, had witnessed that she had re persecution from the Catholics, and for this ceived; touching Conference betwixt Men
she had made earnest suit the queen: for doza and Ballard, about the design for invading
her; yet some, whom she listed not
name, when they offered her their help de duced the Copy
for Treason, while they maintained the Pope's Bull and authority against the queen. —Yet
said she, have heard otherwise, and have read also Books set forth print. —The Au
to
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1 183] STATE TRIALS, 28 Eltz. 1586. —Proceedings against [1184
of England, and setting her at liberty. —This, Babington, the lord Lodouic and Fernihurst, answered she, was nothing to the purpose, and were objected unto her out Curle's Testi
proved not that she had consented to the de struction of the queen.
mony; she denied not, but she had written out many and amongst others, that for the lord Lodouic, when she had commended him and another the dignity Cardinal; and that
The Lawyers proceeded further, to prove
that she was both privy to the Conspiracy, and
conspired also the Destruction of the queen, without offence, (she trusted) for that was
by Babington's Confession, and Letters also
that had passed betwixt her and him; wherein
he called her, his most dread and sovereign
lady, and queen : And by the way, they men
tioned that a Plot was laid for conveying the
kingdom of England to the Spaniard. She
confessed, that a priest came unto her, and
said, That if she would not intermeddle, she
and her son both should be excluded from the
inheritance; but the priest's name she would nor Ballard.
Amongst these Speeches, when the Lord Treasurer had mentioned, that she knew Mor gan well, which had sent Parry privily mur
Then pressed they her with the Testimonies
of her Secretaries Naw and Curle, out of Bab yearly pension; she replied, that she knew not ington's Confession, and the Letters sent to whether Morgan had done so, but she knew that and fro betwixt her and Babington, and the Morgan had lost for her sake, and therefore whole credit of their Proofs rested upon their concerned her honour relieve him and Testimony; yet were not they produced before
her face to face. Curle she acknowledged an
honest man, but not a meet Witness to be
against her. As for Naw, he had been some
times a Secretary, said she, to the cardinal of (said she) Pensions have been assigned out Lorain, and commended unto her by the England Patrick Gray, and the Scots my French king, and might easily be drawn either adversaries, also my son.
by reward, or hope, or fear, to bear false wit The Lord Treasurer answered, When the ness, as one that had sundry times rashly bound revenues Scotland were the negligence himself by oath, and had Curle so pliable unto the regents much diminished, the queen be him, that at his beck he would write what he
bade him. . It might be that these two might
insert into her Letters, such things as she had
not dictated unto them. It might be also that
such Letters came to their hands, which not
withstanding she never saw ; and so she brake foreign aid. But when she had answered,
not tell. She added, that the Spaniard did lay claim to the kingdom of England, and would not give place to any but to her. -
der the queen, and that she had assigned him
lawful for her have intercourse of Letters,
and negotiate her matters with men her Religion, for the queen with the professors another religion.
Then pressed they her hard with the con senting Testimonies Naw and Curle reite rated and she reiterated her Answers, else
refelled their Testimonies flat denial; pro testing again, that she neither knew Babington
forth into such words as these ; The majesty and safety of princes falleth the ground, they depend upon the Writings and Testi
mony Secretaries. delivered nothing them but what nature delivered me, that might length recover my liberty. And am
not convicted but mine own Word Writing. they have written any thing which may hurtful the queen my sister,
they have written altogether without my knowledge; and them bear the punishment
their inconsiderate boldness. Sure am, they were here present, they would clear me
That these things made not the destruction the queen; and foreigners laboured set her liberty, was not laid her charge; and that she had sundry times openly signified the queen, that she would seek her own liberty: the matter was prorogued till the
next day following.
The next day she returned her former Pro testation, and required have recorded, and
Copy thereof delivered her, lamenting, that the most reasonable conditions, which she had many times propounded the queen, were al ways rejected, even when she promised de liver her son and the duke of Guise's son for hostages, that the queen kingdom Eng land should receive detriment her,
blame this Cause. And
were hand, could answer these things.
my Notes particularly
she was not bound revenge Injury done the queen friend, that had deserved well her hands? yet had she terrified the man from such wicked attempts: but contrary wise
stowed somewhat bounty upon your son the king, her near kinsman.
Afterwards were produced the chief points certain Letters sent England, and the lord Paget, and Bernardine Mendoza, about
-
Amongst these Speeches, the Lord Trea she saw herself already quite barred from all
surer objected unto her, that she had purposed hope her liberty. But now she was most un send her son into Spain, and convey her worthily dealt withal, whose honour and repu Title she claimeth the kingdom England, tation was called question before foreign the Spaniard. —To whom she answered, lawyers, which wretched conclusions drew That she had kingdom which she could con every circumstance into consequence; where vey, yet, was lawful for her give those princes anointed and consecrate are not sub things which were hers, her pleasure, and not ject the same laws that private men are.
accountable for the same any. Moreover, whereas authority was granted When her Alphabets Ciphers, sent over the Commissioners, examine matters tending
to
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11 S5] STATE TRIALS, 28 Eliz. 1586–Mary 2ueen of Scots. [1186
to the hurt of the queen's person : yet was the other purpose, but discover your offence Cause so handled, and Letters wrested, that against the queen's person, and the matters
the religion which she professed, the immunity belonging, which are interlaced with other and majesty of foreign princes, and the private matters, that they cannot severed. The intercouste betwixt princes were called in ques whole Letters therefore, and not parcels picked tion, and she herself made to descend beneath out here and there, have been openly read, for
her royal dignity, and to appear as a party that the circumstances give assurance, what
guilty before a tribunal seat ; and
other purpose but that she might quite ex cluded out the queen's favour, and her own right the succession; whereas she appeared voluntarily clear herself the matters ob
jected against her, lest she might seem have
neglected the defence her own honour and have confessed any thing out fear tor innocency. She called also remembrance, ments, hope reward and impunity, was
how queen Elizabeth herself had been drawn not
question about Wyat's Conspiracy,” whereas
notwithstanding she was most innocent reli giously affirming, that though she wished the safety the Catholics might provided for yet would she not that should effected with the death and blood any one. For her part, she had rather play Hester than Judith make intercession God for the people, than deprive the meanest the people iife. She expostulated, that her enemies had divulged abroad that she was irreligious; but the time was (said she) when would have been instructed
be another meeting about this matter, and that many things you have propounded time after advocate might granted unto her plead time concerning your liberty; that they have
matters you dealt with Babington about.
She interrupting him, said, The circumstances
may proved, but never the fact: Her inte grity depended not upon the credit and me mory her Secretaries, though she knew them
honest and sincere men. Yet they
admitted, for just causes, which she
alledge elsewhere. Men's minds, said
would
she, are diversly carried about with affections,
and they would never have confessed such matters against her, but for their own advan
tage and hope. Letters may directed others, than those whom they are written, and many things have been often inserted, which she never dictated. her papers had not been taken away, and she had her Secre tary, she could better confute the things ob
jected against her.
But nothing, said the Lord Treasurer, shall objected, but since the 19th day June; neither will your Papers avail you, seeing your Secretaries and Babington himself, being never put the rack, have affirmed that you sent
the Protestant Religion, but they would not
suffer me so, they cared not what
became my soul. And now concluding,
When have done can (said she)
against me, and have excluded me from my
right, may chance fail your cause and
hope. And withal making her appeal God,
and the princes her kinsmen, and renewing
her Protestation, she prayed that there might this which followeth, tell you counsellor;
her Cause; and that seeing she was princess, she might believed the word princess: For were extreme folly stand their
judgement, whom she saw most plainly armed with prejudice against her.
To these things the Lord Treasurer said,
Whereas bear double person, one Commissioner, another Counsellor, receive
first few words from me as Commissioner.
failed success, long you, the Scots, and not the queen. For the Lords
Scotland flatly refused deliver the king hostage. And when the last Treaty was holden concerning your liberty, Parry was sent privily
Morgan, dependant yours, murder the queen.
Ah (said she) you are my adversary. Yea (said he) am adversary queen Elizabeth's adversaries. But hereof enough, let now
Your Protestation recorded, and Copy
thereof shall delivered unto you. To our proceed Proofs. Which when she refused
authority granted under the queen's hand, and the great seal England, from which
there appeal; neither we come with prejudice, but judge according the exact
hear; Yet we (said he) will hear thein: and also (said she) will hear them another place,
and defend myself.
Now were read again her Letters Charles
rule justice. The queen's learned Counsel Paget, wherein she shewed him that there was
do level nothing else but that the truth may come light, how far you have offended against the queen's person. To full power
given hear and examine the matter, even your absence; yet were we desirous you should
other way for the Spaniard reduce the Netherlands obedience, but setting
prince England that might use unto him; and the lord Paget, hasten his aux liary forces invade England; and cardinal
be present, lest we might seem have dero Allen's Letter, wherein called her his most gated from your honour: We purposed not dread sovereign lady, and signified that the object any thing unto you, but what you were matter was commended the prince Par
privy to, have attempted against the queen's person. The Letters have been read
See No. 51.
ma's care.
As these Letters were reading, she inter posed these Speeches: That Babington and her Secretaries had accused her excuse ther
WOL,
those Letters Babington; which though you deny, yet whether more credit given
affirmation than negation, let the Com missioners judge. But return the matter:
4 G
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i 127]
STATE TRIALS, 28 Eliz. 1386–Proceeding: against [11 SS
selves; that she never heard of the six Execu re-establish the same on this side,
tioners, and that the rest made nothing to the imports the rest Christendom. Let this purpose. As for Allen, she held him for a kept secret, forasmuch come be reverend prelate; and she acknowledged no “revealed, should France the loss other Head of the Church, but the bishop of “my dower, Scotland clear breach with my 1&ome. In what rank and place she was es ‘son, and this country my total rain and de teemed by him and foreign princes, she knew ‘struction. —Thank my behalf the said king not; neither could she hinder their let “your master, for the favour and liberality ex ters they called her queen England. As for “tended the lord Paget and his brother, her Secretaries, seeing they had done con ‘which pray him most earnestly continue, trary their duty and allegiance sworn unto and gratify for my sake with some pension her, they deserved credit. They which have “poor Morgan, who hath much endured not once forsworn themselves, though they swear only for me, but for the common cause. —I
again with never great oaths and protesta recommend likewise unto you Fulsanbe tions, are not be credited. Neither did ‘(whom you know) help him some supply.
above the Entertainment that have allotted him, according the small means have. ”
any oath whatsoever court conscience, foras much they had sworn their fidelity and se
these men think themselves bounden
crecy her before, and were subjects
England. That Naw had many times written
otherwise than she had dictated unto him, and lay now Rome for that cause. She com Curle wrote whatsoever Naw bade him. But plaining that her Secretaries had broken their for her part she was willing bear the burden allegiance bound oath, answered, When
Out these she was pressed she had purposed convey her Right the kingdom
their fault things, but what might lay being prisoner languished cares without blot upon her honour. And haply also they hope liberty, and was without hope
sing, who they thought should more favour sickness;
ably dealt withal being queen. As for Bal Succession
lard, she never heard any such, but one established
Hallard, which had offered her his help; which Catholic. And Book was sent unto me notwithstanding, she had refused, for that she
had heard that the same man had also vowed
his service Walsingham.
Afterwards were read certain brief Notes of
her Letters Mendoza, which Curle had con sessed had written privy Cipher.
avow the Spaniard's Title; which when was not allowed me, incurred displeasure among some But now my hope England being desperate, am fully resolved not reject foreign aid.
The Solicitor put the Commissioners mind find inysclf greatly troubled what course what would become of them, their honours,
take a-new, for the affairs on this side the estates and posterities, the kingdom were ‘sea; Charles Paget hath charge fron me conveyed. But the Lord Treasurer shewed
impart unto you certain overtures my that the kingdom England could not con behalf; whereupon pray you deliver him veyed, but was descend Right Suc
freely, what you think inay obtained cession according the laws; and asked her, thereof, from the king your master. There she would any more.
another point depending thereof, which have reserved write your ownself,
for you sent unto the king your master my behalf, man cloe,
She required that she might heard
full parliament, that she might person
speak with the queen, who would (she hoped) have regard queen, and with the council. And now rising with great confidence countenance, she had some conference with the
possible, being privy thereunto that
that considering my son's great obstimacy
Heresy, and forest eing hereupon the immi lord treasurer Hatton, Walsingham, and the nent danger and harm like ensue the
Catholic Church, coming the Succession
this realin, have resolved with myself, case uty said son not reduce himself before my death the Catholic Religion, (as must tell you plainly, have small hope long
shall remain Scotland) give and grant
Proceedings
the Star Chamber.
my right
Succession Testament;
the said king your master, the Barker, principal Register the queen's ma
this crown, my last Will and jesty; Thomas Wheeler, public Notary, Register
praying him consideration the Audience Canterbury and other
hereof from this time forward take me credible persons which were present.
wholly into his protection, likewise the state The said 25th day October,
the Com Shrewsbury
them sick at
the Spaniard, and that Allen and Parsons
confessed these things save themselves; sup effect those things which very many expected posing that they could not hurt her confes my hands, declining now through age and
seemed good the Crown
some, that the England should
the Spaniard,
some English
earl Warwick, themselves apart.
-
prorogued the 25th October, the Star
Chamber Westminster. Thus far touching this matter out of the Commentaries of Edward
These things being done, the assembly was
the which for dis missioners met, saving the earls cannot think and Warwick, which were both
and affairs this country charge my conscience,
can put into the hands
lous our Reiigion, and able respects oath, viva voce, voluntarily without hope of
prince more zea that time; and after Naw and Curle had by
of
to onbe
he
to as
to
in all
in to to to
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it
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of to
of
as
i 189] STATE TRIALS, 28 Eliz. 1586–Mary 2ween of Scots. [l 190
reward, before them avowedly affirmed and ward Jones, Chidiock Titchbourne, Charles confirmed and every the Letters, and Copies Tilney, and the rest the Conspirators, was Letters, before produced, most true; confirmed, and their goods and possessions
Sentence was pronounced against the queen confiscate. The estates also the realm, Scots, and confirmed with the seals and sub which had their voices approved and con scriptions the Commissioners, and recorded firmed the Sentence given against the queen
these words: “By their joint assent and con Scots, did with joint assent Supplica sent, they pronounce and deliver their Sen tion the queen the hands the lord tence and Judgment, the day and place last chancellor, follows:
recited and say, That after the end the ‘May please your most excellent majesty, aforesaid session parliament, the Com “our most gracious sovereign, we your humble,
mission aforesaid specified, namely after the “loving and faithful subjects, the Lords and aforesaid 1st day June, the 27th year Commons this present Parliament assem abovesaid, and before the date the same bled, having long time our intolerable Commission, divers matters have been coin “grief seen how manifold most dangerous
assed and imagined within this realm Eng and execrable practices, Mary the daughter
nd, Anthony Babington and others, scientia, English, with the privity,
death and destruction the royal person person, whose safety (next under God) our our said lady the queen. And namely, That chief and only felicity doth consist; and
after the aforesaid 1st day June, the 27th thereby not only bereave the sincere year abovesaid, and before the date the and true Religion Almighty God, bringing
cum and heir James late king Scots, the dowager France, and commonly called
Queen Scots, hath compassed the Destruc this realm England, tending the hurt, ‘tion your majesty's sacred and most royal
said Mary, pretending title the crown
Commission aforesaid, the aforesaid Mary pre . and this noble crown back again into the
tending
tyranny,
title the crown this realm thraldom England, hath compassed and imagined within “utterly
the Romish
but also
this realm England, divers matters tending the hurt, death and destruction the royal person our sovereign lady the queen, contrary
to the form of the statute the Commission aforesaid specified. ” -
Concerning this Sentence, which depended wholly upon the credit the Secretaries, and they not brought forth face face, according
the first Act the 13th year queen Elizabeth, much talk there was, and divers Speeches ran abroad while some thought them credible persons, and some unworthy
be credited. have seen Naw's Apology king James, written the year 1605; wherein laboriously protesting, excuseth himself, that was neither author, nor persuader, nor the first revealer of the Plot that was under taken, nor failed his duty through negligence,
ruinate and overthrow the happy State and Commonweal of this most noble
time the God, and your
either most graciously passed over, with singular favour tolerated, although often and instantly moved your most loving and faithful subjects the contrary, times your Parliaments, and many other times; and hath also protected and defended the said Scotish queen from those great dangers which her own people, for certain detestable crimes and offences her imputed, had de termined against her: which notwithstand
foresight; yea,
want . . . ; that this
stoutly impugued the points
‘ing, the same queen was nothing moved with these and many other your majesty's most
but rather ob hope continual prosecute her cruel
the same day was there Declaration made
the Commissioners and Judges the land, very dangerous Plot being conceived and
tion against his lady and mistress: which not withstanding appeareth not Records. But
impunity imboldened
and mischievous determination some speedy and violent course; and now lately
hat the said Sentence did derogate nothing from James king Scots, title honour,
but that was the same place, degree and right, the same sentence had never been pronounced.
Proceedings
Parliament.
Some few days after, Parliament was holden Westminster, begun virtue certain power vice-gerency, granted the
queen the abp.
Treasurer, and the earl without precedent.
Canterbury, the Lord Derby, and that not
which Parliament the Proscription the lord Paget, Charles Paget, t sir Francis Englefield, Francis Throckmorton,
day Accusa
gracious durate
favours towards malice, and
her;
set down Anthony Babington and others,
That desperate and wicked persons should undertake that wicked and most horrible en terprize, take away your majesty's life, (whom God his infinite mercy long pre serve) she did not only give her advice and direction upon every point, and circum stances concerning the same, make earnest request have performed with dili gence, but did also promise assurance large reward and recompence the doers thereof: which being informed your majesty, pleased your highness, upon the earnest suit
such tendered the safety your royal person, and the good and quiet state this Anthony Babington, Thomas Salisbury, Ed realm, direct your Commission under the
realm which being from time mercy and providence
pre vented, your majesty your exceeding great clemency and princely magnanimity hath
h
ighness's singular wisdom,
foreseen and
of
to
at
of
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of
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; of to
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I 191] STATE TRHALS, 28 Eliz. 1586. -Proceedings against [1102
-4. great seal of England, to the lords and others - of your highness's privy council, and certain
< other lords of parliament of the greatest and . most antient degree, with some of your prin 4. cipal judges, to examine, hear and determine
- the same cause, and thereupon to give Sen - tence or Judgment according to a statute in - that behalf, made in the 27th year of your - most gracious reign : by virtue whereof, the - more part of the same Commissioners, being
thereupon weighing with heavy and sorrow hearts, what continual peril such like desperate conspiracies and practices your majesty's most royal and sacred person
and life (more dear unto than our own)
still, without any possible means
long the said Scotish suffered continue, and shall not receive that due punishment, which by ‘justice, and the laws this your realm, she
queen shall
- in number 86, having at sundry times fully ‘hath often and many ways for her
- heard what was alledged and proved against
- the said Scotish queen in her own presence,
- touching the said Crimes and Offences, and
- what she could say for her Defence and Ex deserved punishment Death for these her
- cuse therein, did after long deliberation give - their Sentence and judgment with one con
- sent, that the Death and Destruction of your o royal person was imagined and compassed by
most execrable Treasons and Offences, your highness's royal person shall exposed un
- the said Anthony Babington, with the privity
4. of the same Scotish queen : and that she
- herself did also compass and imagine the
- death and destruction of your most royal
4. erson. Now for as much as we your ma and occasion the same, now justice - jesty's most humble, loyal and dutiful sub may orought done We nosthumbly - jects, representing unto your most excellent
- majesty the universal state of your whole
- people of degrees this your realm,
t well perceive, and are fully satisfied, that the
- same Sentence and Judgment things
- most honourable, just and lawful; and having
- carefully and effectually, according our
4. most bounden duties, weighed and considered
4. upon what ground and cause many traitor
4. ous complots, and dangerous practices against
4. your most royal person and estate, and for
- the invading this realm, have for the
- space many years past grown and pro said Scotish queen, according the effect - ceeded, certainly find, and are undoubt
and true meaning the said statute Be cause upon advised and great consultation, we cannot find that there any possible means provide your majesty's safety, but the just and speedy execution the said queen, the neglecting whereof may pro cure the heavy displeasure and punishment Almighty God, sundry severe examples
great justice that behalf left us, the sacred scriptures doth appear. And the same not put present execution, we your most loving and dutiful subjects shall thereby (so far man's reason can reach)
professing the true Religion Jesus
- Christ, and the antient nobility this land,
4. and bring this whole state and common
4. weal foreign subjection, and utter ruin and
- confusion which their malicious and trai
- torous purpose they will never cease pro
- secute possible means they can,
. long they may have their eyes and imagina nance and voice, answered this purpose
4. tions fixed upon lady, the only ground many and great are the hottomless - their treasonable hope and conceits, and aces, and immeasurable benefits bestowed 4. the only seed-plot dangeroos and trai upon me the Almighty, that must not 4. torous devices and practices against your sa only most humbly acknowledge then be
- edly persuaded that all the same have been
- from time time attempted and practised,
- and from the Scotish queen, and her - confederates, ministers and favourers, who
- conceive assured hope atchieve speedily - your majesty's untinely death that which - they have long expected, and whereof during - your life (which God long preserve
- estimable comfort) they despair;
- place her the said Scotish queen
- perial and kingly seat this realm, and
- her banish and destroy the professors and
- cred person. And seeing also what insolent - boldness grown the heart the same - queen, through your majesty's former exeecd
nefits, but admire them miracles, being sort able express them. And though there liveth not any that inay more justly ac
knowledge himself bound God than
ing favours and clemencies towards her; and
our in wit,
the im
and shall prevent
most wicked and detestable offences deserv ed: Therefore, and for that we find, that the said lady should now escape the due and
many more, and those more secret and dangerous Conspiracies than before, and such shall not cannot be foreseen,
discovered, these her late attempts have been and shall not hereafter be well able remove take away the ground
beseech your most excellent majesty, that well respect the continuance the true religion now professed amongst and the safety your most royal person and estate,
regard the preservation and defence
your most loving, dutiful and faithful subjects, and the whole commonweal this realm;
may please your highness take speedy or der, That declaration the same sentence and judgment made and published proclamation, and that thereupon direction
given for further proceedings against the
brought into utter despair the continu
ance amongst
mighty God, and
the safety
Al your majesty's life, and your faithful subjects, and
the true religion
the good estate this most flourish. ng com
monweal. ”
The Queen, with great majesty counte
is
by : all
an
do
of
all
in of all
th it
of
of into of
of
by by
as
to to
to of
of to
of
in
to
to by to
all
by to
do
‘ * ‘ ‘ . ‘ “ ‘ ‘ & & & . & & . & &‘ ‘ “ * ‘ ‘ ‘ ‘ ‘ • ‘ ‘ ‘ * ‘ ‘ ‘ “ ‘ ‘ “
to
so
is in
so
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‘ “ * ‘ ‘ ‘
‘ “ ‘ ‘ ‘
as to
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:
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be it,be so
in
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his by to
of in
as
so
in by for
of or or
in : so
of
of of: of of
of
of
to as
1193] STATE TRIALS, 28 Eliz. 1586. -Mary 2ueen of Scots. [1194
whose life he hath miraculously preserved & from so many dangers, yet am I not more deeply bound to give him thanks for any one thing, than for this which I will now tell you, and which I account as a miracle : Namely, that as I came to the crown with the most hearty good-will of my subjects, now after years reign, perceive them the same, not greater good-will towards me; which once lose, well might breathe, but
rather than expounding the laws themselves,
the noblest personages
never think lived. And now though my judges the realm and little enough.
life hath been dangerously shot yet pro For we princes are set
were upon stages,
the world. The our garments,
test there nothing hath more grieved me, than that one not differing from me sex, like rank and degree, the same stock,
and most nearly allied unto me blood, hath fallen into great crime. And
far have been from bearing her any ill-will,
that upon the discovery certain treasona ble practices against me, wrote unto her
secretly, that she would confess them private letter unto myself, they should
wrapped silence. Neither did write thus nind entrap her, for knew then as much she could confess. And even
yet, though the matter come thus far, she would truly repent, and man would undertake her cause against me, and my life alone depended hereupon, and not the safety and welfare my whole people, would protest unfeignedly) most willingly pardon her. Nay England might my death attain more flourishing estate, and better prince, would most gladly lay down my life For, for your sakes and for my
the sight and view
least spot soon spied
people's, that desire live. see such great cause why
be fond live, good experience
subject, and what sovereign. Good neighbours have had,
and have met with bad and trust have found treason. have bestowed bene
fits upon deservers; and where have done well, have been requited. While call mind these things past, behold things present, and expect things come, hold them happiest that hence soonest. Ne vertheless against such mischiefs these, put better courage than common
my sex, whatsoever befall me, death shall not take me unprepared. —And
touching these Treasons, will not preju dicate myself, the laws my kingdom,
proceedings just and honourable. But must tell you one thing, that this last act parliament you have brought me nar
row streight, that must give order for her death, which princess most nearly allied unto me blood, and whose practices against me have stricken me into great grief, that
have been glad absent myself from this parliament, lest should increase my sorrow
hearing spoken and not out fear any danger, some think. But yet will now tell you secret (though well known
that have the property keep counsel) not long since these eyes mine saw
and read an oath, wherein some bound them
selves kill me within month hereby see your danger me, which will very
careful avoid. —Your Association for my safety have not forgotten, which never much thought of, till great number hands, with many obligations, were shewed me; which acknowledge strong argument your true hearts, and great zeal
my safety, shall my bond stronger
tied greater care for your good. But
forasmuch this matter now hand very
rare, and greatest consequence, hope
you not look for any present resolution;
for my manner matters less moment
than this, deliberate long upon that which once be resolved. In the mean time
beseech Almighty God illuminate my mind, that may foresee that which may
serve for the good his church, the prospe rity the commonwealth, and your safety.
And that delay may not breed danger, we will signify our resolution with conveni ency. And whatever the best subjects may expect the hands the best princes, that expect from me performed the full. ”
what
fear die.
this world, and
think that she having been the the same treasons, was bound the antient laws, though the late
As for me, should either have had
know
not but
contriver
and liable
act had never been made; which notwith
standing was ways made prejudice her. roughly weighed the matter her mind, being
far was from being made entrap her, distracted with doubtful care and thought, and that was rather intended forewarn and as were some conflict with herself what to
terrify her from attempting anything against important business, she sent the But seeing was now force law, Lord Chancellor the higher house, and Puck
thought good proceed against her ac ering the rest the lower house; praying cording the same. But you lawyers are them enter into new consideration upon curious scanning the nice points the weighty matter, and devise some better
law, and following precedents and form, remedy, whereby both the queen Scots Life
that exact observing
must have been indicted
have holden up her hand
have been tried jury
proper course forsooth trial against prin cess To avoid therefore such absurdities,
thought better weighty cause
refer the examination good number
blemish quickly noted
our doings. behoveth us therefore be careful that our
your form, she Staffordshire, and the bar, and
twelve men.
the land, and the
The twelfth day after when she had tho
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1o19:5) STATE TRIALS, 2s Eliz. 1586–Proceedings against [1196 *
be spared, and her own security provided tinually done) seek means whatsoever.
or.
After much and long deliberation, they judg before her own life: For her late direction
ing that both the welfare and hurt of the prince some her complices, she willed, “What belongeth to all, concurred again with one soever became her, the Tragical Execution
voice in the same opinion, and that for these should performed
Causes: For that the queen's safety could not inuch the more danger
be secured as long as the queen' of Seots lived, the sentence than before,
unless she either seriously repented and ac hoveth then, that would preserve her ad knowledged her offence, or were kept with a vance her, hasten your death now never more streight guard, good assurance being before execution done upon her; knowing given by bond and oath for her good demean that you, and none else, can give direction for our, or delivered hostages, or else departed the her death, and that your death the sentence realin. As for her Repentance, they were out would lose the force execution, and otherwise of hope considering that she had they should come too late they take not the requited the queen which had saved her life, resent opportunity help her. —Her friends
. . .
surer guard, streighter custody, bonds, oath, therefore their opinion your death first
and hostages, they held them nothing, for and principally sought, the most com that the queen's life being once taken away, pendious way ruin the realin invasion. —
these would presently vanish. And she Some the eldest and wisest papists set should depart the realm, they feared lest she down for special good drift occupy you would presently take arms invade the same. with conceit, that the preservation her life
the safety your own; and therefore you may assured, that they verily think that her
and did not yet acknowledge her fault. As for
unprofitable
while
you live,
and
These Reasons the Lord Chancellor, and Puckering, Speaker the lower house, opened more large, the manner following.
greedy your death, preferreth —She and
you. ' There by your person since
how much be
your death and destruction. —2. concerns Religion most spare her, who hath continually while safe.
our privy-council; and also our trusty and be
loved Christopher Wray, chief justicer
assigned for the pleas holden before us; many dangers, yet hath credit been given
and our trusty and beloved Edmund An derson, kt. our chief justicer the bench Roger Manwood, kt. our chief baron our exchequer: Thomas Gawdy, one
our justicers assigned for the pleas hol
den before us; and William Periam, one our justicers the bench, greeting, &c. —
“Whereas since the end the session par liament, namely, since the first day Juné,
unto me, but have been always contemned, though most nearly allied unto her blood.
When the Association was entered in, and the Act Parliament thereupon inade, foresaw
that whatsoever danger should happen either from foreign princes abroad, from ill-disposed people home, for religion's sake, must bear the whole blame, having many mortal enemies the court. Certainly might take
vity the same Mary, we are given un derstand and whereas we intend and de termine, that the act aforesaid all and every part thereof duly and effectually exe cuted according the tenor the same, and that all offences abovesaid, the act above said mentioned, aforesaid, and the circum stances the same, examined, and sentence
judgment thereupon given, according the tenor and effect the said act: you, and the
singular matters compassed and imagined, tending the hurt our royal person, well
the aforesaid Mary, any other person persons whatsoever, cum scientia, English,
with the privity, the same Mary, and cir cumstances the same, and all other offences abovesaid the act aforesaid, aforesaid,
mentioned whatsoever, and all circumstances
therefore we command you, that you certain days and places, which you, the greater part you, shall thereunto fore-ap
these Commissioners came Fotheringay-castle the
the river Nen, where the queen Scots was then kept. The next day the commissioners sent her sir Walter Mildunay, Powlet, and Edward Barker, publick notary who deli
straitly kept prison, and grown lame my limbs, have lien neglected, after have offered many reasonable conditions my liberty.
Though have thoroughly forewarned her
of in
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in of of
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It orasdoasin
in in ofby I inorasas
of do all to to to of ofa inat to
1169) , STATE TRIALS, 28 Eliz. I586–WMary Queen of Scots, [1170
it hardly, and not without cause, that a Con judgings, give some shew and colour federacy hath been made with my son withost just and legal proceeding. She warned them my knowledge : but such matters I omit. As therefore look their consciences, and
for this Letter, it seeneth strange to me, that
the queen should couns and me as a subject, to appear personally in judgment. I am an ab
remember, that the theatre the whole world
much wider than the kingdom England. She began then complain injuries done
solute queen, and will do nothing which may unto her and the Lord Treasurer interrupt
prejudice either mine own royal majesty, or
other princes of my place and rank, or iny
Ware. The laws and statutes of England are duke Norfolk, for the rebellion the north, to me most unknown ; I am destitute of coun and for other matters. All which when she
sellors, and who shall be my peers I am utterly seened little esteem, they returned back. ignorant. My Papers and Notes are taken Within few hours after, they delivered unto from me, and no man dareth step forth to be her, the hands Powlet and the Solicitor, iny advocate. I am clear from crime the chief points their Commission, and the
son. My mind is not yet dejected, neither
ing her, began rack queen Elizabeth's
kindnesses towards her, namely, that she had punished some, which inpugned the claim she
laid England, and had been means keep her from being condemned the estates
will I sink under my calamity. I refer myself
to those things, which I have protested before
Brouiley, now chancellor, and the lord La the realm, for the marriage sought with the
against the queen, have excited man against her, and am not charged but
mine own word writing, which cannot produced against me. Yet can not deny but
have couniuended myself and my Cause foreign princes. ”
The next day there returned unto her the name the Commissioners, Powlet and Bar ker, who shewed unto her unis Answer drawn
Writing, and asked her, whether she would persist the same. When she had heard distinctly read, she commended rightly
names the Commissioners, that she might see, that they were proceed according equity and right, and not any cunning point
law, and extraordinary course. She took no Exceptions against the Commissioners, but most sharply excepted against the late, law, upon which the authority their commission wholly depended; that was unjust, de vised purpose against her, that was with out example, and such where unto she would never subject herself. She asked, what law they would proceed the civil
canon
therein. But this, said she, have forgotten, fetched from Pavia, Poictiers, and other which would have be added thereunto foreign universities; for England none are
detainca Prison, and could not enjoy the protection benefit the laws England
and truly conceived, and said, she would persist law, then said she, interpreters are
Whereas the queen hath written, that am found that are meet. She added also, subject the laws England, and judg That was manifest, plain words the ed them, because have lived under the queen's Letters, That she was already fore protection them answer, that came into judged guilty the crime, though un England crave aid, and ever since have been
nay, could never yet understand from any man, what manner laws those were.
the said Letters, which she had for herself noted confusedly, and snatches, severally themselves, but would not deliver them
In the afternoon came unto her certain se
written out; for stood not, said she, with her royal dignity, play the scrivener.
lected persons from amongst the Commission ers, with men learned the civil and canon law. But the Lord Chancellor and the Lord
Treasurer declared their authority patent, and shewed that neither her imprisonment, nor her prerogative royal majesty could exempt her from answering this kingdom
Touching this matter, the said selected Com missioners went unto her again, whom she signified, that she did not well understand what those words meant, ‘seeing she under the queen's protection. ” The Lord Chancellor answered, That this was plain every one understanding, yet was not for subjects interpret what the queen's meaning was, neither were they made commissioners for that end.
with fair words advising her hear what
matters were objected against her
otherwise they threatened, that authority
law, they both could and would proceed against
her, though she were absent. She answered, Then she required have her protestation
Voitshe was subject, and rather would she shewed and allowed, which she had formerly die thousand deaths, than acknowledge her made. was answered, that never had self subject, considering, that such ac been, nor now was allowed, for that knowledgement, she should both prejudice the was prejudicial the crown England. She height regal majesty, and withal confess her asked, By what authority they would proceed
self bound the laws England,
even matter religion nevertheless she
was ready answer things free and
full parliament, for that she knew not whether sure, whereunto have no reason submit this meeting and assembly were appointed myself, considering that the English tines against her, being already condemned
WQL.
-
But, said she, Ye make laws
fore past refused submit themselves the Law
heard and therefore there was reason why she should appear before them and she re quired satisfied touching some scruples
was answered, authority mission, and the common law
their Com England. your plea
I.
to to I in of
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1171] STATE TRIALS, 28 Eliz. 1586. —Proceedings against , [1172
Salique of France: and if they would proceed than that you were charged with such crime. by the common law of England, they should Wherefore lay aside the bootless privilege produce precedents and cases, forasmuch as royal dignity, which now can use unto that law consisteth much of cases and custom : you, appear judgment, and shew your inno and if by the canon law, none else ought to cency, lest avoiding Trial, you draw upon interpret the same, but the makers thereof. It yourself suspicion, and lay upon your reputa was answered, That they would proceed neither tion eternal blot and aspersion.
by the Civil nor Canon Law, but by the Com refuse net (said she) answer full
mon Law of England : that it might neverthe parliament before the estates the realm law
less be proved by the civil and canon law, that fully assembled, may declared the
she ought to appear before them, if she would next the succession; yea, before the queen not refuse to hear it. And indeed she refused and council, my protestation may be ad
not to hear but, she said, way Inter mitted, and may acknowledged the next tocution, not Judicially. kin the queen. To the judgment mine
From hence she fell into other speeches, adversaries, amongst whom know all defence That she had intended nothing the destruc mine innocency will barred, flatly, will
tion the queen; that she had been incensed with injuries and indignities; that she should be stone offence others, she were unworthily handled that Naw she had offered her best means for revoking the bishop
not submit myself.
The Lord Chancellor asked her, whether she
would answer, her Protestation were ad
mitted will never (said she) submit myself the late law mentioned the Commission.
Rome's Bull; that she would have defended
which she had tendered these twenty years, tinue contumax.
her innocency letter, but was not allowed We, notwithstanding, will proceed to-morrow
her and finally, that the offices kindness, the Cause, though you absent and con
Hereupon the Lord Treasurer answered;
Search (said she) your consciences, look your honour, God reward you and yours for your Judgment against me.
On the morrow, which was the 14th the month, she sent for certain the Commis sioners, and prayed them, that her Protestation might admitted and allowed. The Lord Treasurer asked her, Whether she would ap pear her Trial, her Protestation were only received and put writing, without allowance. She yielded length, yet with much ado, and with ill-will, lest she should seem (as she said) derogate from her predecessors suc cessors; but was very desirous purge herself
the crime objected against her, being per suaded Hatton's reasons, which she had weighed with advisement.
Soon after, the Commissioners which were
present, assembled themselves, the Presence
Chamber. At the upper end the Chamber
was placed Chair estate for the queen
England, Over-against under cloth estate.
below and more remote, near the transom
beam that ran cross the room, stood chair forthe queen Scots. At the walls both Law, nor the Law nations, nor nature. sides, were placed benches, upon which sate,
For such kind offences might committed the one side, the Lord Chancellor Eng without punishment, justice would stagger, land, Lord Treasurer England, the earls
were rejected. Thus while she wandered far these digressions, they called her back again, and prayed her speak plainly, whether
she would answer before the commissioners.
She replied, That the authority their delega
tion was sounded upon late law made in
trap her; that she could not away with the
queen's laws, which she had good reason suspect; that she was still full good courage,
and would not offend against her progenitors, the kings Scots, acknowledging herself
subject the crown England for this were nothoing else but profess them openly to have been rebels and traitors. Yet she re
fused not answer, she might not re
duced the rank subject But she had
rather perish utterly than answer crimi nal person.
Whereunto Hatton, Vice-Chamberlain
queen Elizabeth, answered
You are accused have conspired the
(but not Destruction our
lady
and queen anointed. queen so. But
You say you are
such crime the royal dignity not exempted
from answering, neither the Civil nor Canon
you innocent, Oxford, Kent, Derby, Worcester, Rutland,
Cumberland, Warwick, Pembroke, Lincoln, and the lord viscount Montacute; on the other
side, the barons Abergavenny, Zouch, Mor
ley, Stafford, Grey, Lumley, Sturton, Sandes, examine therefore your innocency, she hath Wentworth, Mordant, St. John Bletsho,
yea, fall the ground. §. wrong your reputation
avoiding Trial. innocent, but queen Elizabeth thinketh otherwise, and that neither without grief and sorrow for the same. To
protest yourself
appointed for Commissioners most honourable, prudent and upright men, who are ready bear you accoording equity with favour, and will rejoice with their hearts, you shall clear yourself this crime. Believe me, the queen herself will much affected with joy, who affirmed unto me my coming from her, that never any thing befel her more grievous,
Compton, and Cheiney. Nigh unto these sate the knights the Privy-Council, James Croftes, Christopher Hatton, sir Francis Walsingham, Ralph Sadleir, Walter Mildmay, and Amias Powlet. Forward, before the earls, sate the two Chief Justices, and the Chief Baron the Exchequer: and
the other side two barons, the other Jus
on
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so
i 173] STATE TRIALS, 2s Eliz. 1586. —Mary 2ween of Scots.
tices, Dale and Ford, doctors of the Civil-Law;
[l 174
and at a little table in the midst sate Popham the queen’s Attorney, Egerton the Solicitor,
approved as sented unto promised her assistance, and
Gaudy the queen's Serjeant at Law, the Clerk | of the Crown, and two Writers.
shewed the way and means.
courage,
She answered with stout That she
knew not Babington, that she never received When she was come, and had settled herself any Letters from him, nor wrote any to him ; in her seat, after silence proclaimed, Bromley that she never plotted the destruction of the Lord Chancellor turning to her, spake briefly queen, and that to prove the same, her Sub to this effect : The most high and mighty queen scription under her own hand was to be pro
Elizabeth, being j. great grief duced; part
not without of that for her she never so much as
Inind advertised, that you have conspired the heard speak thereof; that she knew not Bal Destruction of her and of England, and the lard, nor ever relieved him ; but she under Subversion of Religion, hath, out of her office stood from some, that the catholics in England and duty, lest she might seem to have neg- | took many things very hardly, and hereof she
lected God, herself people, and out of uo malice at als, appointed these commis- sioners, to hear the matters which shall be
herself had advertised the queen by Letters,
and besought her to take pity on them ; that many also, which were to her utterly unknown,
had offered her their help and assistance, yet had she excited no man to commit any of: fence; and being shut up in prison, she could
neither know nor hinder what they attempted. Hereupon was urged out Babington's
Confession, that there had been intercourse by Letters betwixt her and Babington. She con fessed that there had passed Conference Letters betwixt her and many men, yet could
not thereby gathered that she was privy their wicked counsels. She required that her own Subscription, under her hand,
might produced; and asked, what hurt were, she redemanded the Letters, which had been kept from her almost whole year Then were read the Copies Letters between her and Babington, wherein the whole Conspi racy was set down.
objected unto you, and how you can clear
yourself of them, and make known your inno- cency. -
She rising up, said, That she came into Eng land crave aid, which had been promised her, and yet was she detained ever since prison. She protested, that she was subject the
cluded, That she knew of
-
free and ab constrainca
Judge whatsoever, for any cause whatsoever,
save before God alone the highest Judge, lest
she should prejudice her own royal majesty,
the king Scots her son, her successors,
other absolute princes. But, that she now appeared personally, the end refute the
crimes objected against her. And hereof she prayed her own attendants bear witness.
queen's, but had been and was solute queen, and not
appear before commissioners,
any other
The Lord Chancellor, not acknowledging The Scotish Queen's Letter Anth. Babington.
that any Aid had been promised her, answered,
he were) should offend against the laws England, England, was subject unto the
same laws, and the late act might ex amined and tried the said Protestation there fore made prejudice the laws and queen
My very good friend, long
vain, whosoever (of what place and degree soever
i. i.
That this Protestation was
for that
albeit
from me, not more than
England, was not admitted. The have understood, that upon the renewing
Commissioners nevertheless commanded, that well her Protestation, the Lord Chan
cellor's Answer, should recorded.
Then after the Commission was openly read,
which was grounded upon the Act already often mentioned, she stoutly opposed her Pro testation against the said Act, enacted di rectly and purposely against her, and herein
she appealed their consciences.
When Answer was made the Lord Trea
surer, that every person this kingdom was
bound even the latest laws, and that she ought not speak against the laws: and that the Commissioners would judge, according
that law, what Protestations Appellations
soever interposed, she said length, that
she was ready hear and answer touching any fact whatsoever against the queen England.
your abode, the custody point, allirming, that she had offended against ‘tan, and meer Leicestrian,
wicked puri mortal enemy your majesty and
Gawdy now opened the law from point
-
‘you, Scotland,
both from France and some
since you
‘have done from you, against my will “yet would not you should think have ‘the mean while, nor ever will be, unmindful
the effectual affection you have shewed “heretofore towards all that concerneth me.
‘your intelligence, there were addressed unto
‘packets for me; pray you, any come ‘to your hands, and yet place, deliver ‘them the bearer hereof, who will safely ‘convey them unto me; and will pray
God your preservation. Your assured ‘good friend, MARY, Regina. ' June the 28th,
‘Chartley. ’
Anth. Babington's Letter the Scotish Queen.
Most mighty, most excellent, my dread sovereign lady and queen, unto whom owe fidelity and obedience; may please
your gracious majesty admit excuse my
long silence, and discontinuance from those dutiful offices, intercepted upon the remove
*
the same; and hereupon made historical ‘both faith and faction
discourse Babington's Conspiracy, and con ‘to the catholic estate held the hope our
your royal person from the antient place
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1175] STATE TRIALS, Eliz. 1580–Proceedings against [1176
“country's weal depending (next under God). “upon the life of your majesty, to be desperate, and thereupon resolved, to depart the realm,
determining to spend the remnant of my life
in such solitary sort, as the miserable and ‘jesty this desperate service, except unknown wretched estate of my country doth require; unto us; and seeing that very necessary only cospecting, according to the just judg that some there should be become heads to ment of God, the present confusion thereof, lead the multitude, who are disposed na which God, for his mercy sake, prevent. ‘ture this land follow nobility consider The which my purpose being in execution, ‘ing withal, doth not only make the commons and standing upon my departure, there was ‘and country follow without contradiction
addressed onto me, from the parts beyond the
seas, one Ballard, a man of virtue and learn
ing, and of singular zeal to the catholic cause,
and your majesty's service. The man in “mend some to your majesty as are fittest, in formed me of great preparations by the my knowledge, your lieutenants, the Christian princes, your majesty's allies, for west parts, the north parts, South Wales,
the deliverance of our country from the ex treme and miserable cstate wherero for a long time it hath remained. Which when I un
and North Wales, the countries Lancaster,
Derby, and Stafford. which countries,
parties being already made, and fidelity taken derstood, my especial desire was, to advise ‘in your majesty's name, hold them most by wiat means I might, with the hazard of assured, and undoubted fidelity. Myself,
my life, and my friends general, your sacred majesty one day's good service. Whereupon, most dread sovereign, according
the great care, which those princes have
the preservation and safe deliv rance your inajesty's sacred person, advised means,
circumstances accordingly,
with ten gentlemen quality, and hundred followers, will undertake the delivery your
person from the hands your enemies; and for the dispatch the usurper, from obedience whom, the excommunication her, we
are made free, there six noble gentlemen, my private friends, who, the zeal they
bear the Catholic cause, and your majesty's service, will undertake the tragical execution.
resteth, that according their infinite de ‘serts, and your majesty's bounty, their heroical
‘your wisdom direct us, and your princely
contention, which ever found equality, but also doth add great courage the leaders. For which necessary regards, would recom
‘authority enable and such may ad “vance the affairs foreseeing, there not any the nobility, liberty, assured your ma
and considered and with trusty, with
imany safety secrecy thereof unto:
the wisest and most might, commend the find, the as sistance the Lord Jesus, assurance good
effect, and desired fruit our travail. These attempts may honourably
things are first advised this great and honourable action upon issue which de pendeth, not only the life your most excel lent majesty, which God long preserve, our inestimable comfort, and the salvation
English souls, and the lives actors
therein but also the honour and weal our
country, far more dear than our lives unto us. “circumstances concur; that the untimely end and the last hope cver recover the faith of the one do not overthrow the rest. All our forefathers, and redeem ourselves from ‘which majesty's wonderful experience the servitude and bondage, which hereby ‘and wisdom will dispose good manner as, heretofore hath been imposed upon with doubt not, through God's good assistance, the loss many thousand souls. First, for shall take deserved effect: for the obtaining
the assuring
invasions, sufficient strength parts arrive appointed,
Litchfield, expecting with them, and warrant their landing, the de ‘your majesty's answers and letters, execute liverance your majcsty, the dispatch ‘what them shall commanded. Your the usurping competitor. For the effecting ‘majesty's faithful subject, and sworn servant, all, nay please your majesty rely upon ANTHoNY BAB INGTo N. ” my service, protest before the Almighty, As for these Letters (said she) may that
the invaders with strong
party every place, join
which every one nost happily spent.
shall think his life Upon the twelfth day
proved royal person, doubt some universal that received them: Babington any good, that what have said shall perform others affirm say they lye openly; other
who hath long miraculously preserved your Babington wrote them, but
cd, our lives happily lost the execu men's crimes are not cast upon me.
‘tion thereof. Which vow all the chief actors Packet Letters, which had been kept from
have taken solemnly; and are upon assurance, me almost whole year, came my hands your majesty me, receive the blessed about that time, but whom was sent,
“sacrament thereupon, either prevail the ‘church's behalf, and your majesty's, fortu
“nal cly die for honourable cause. Now,
“forasmuch delays are extreme dangerous, “might please your most excellent majesty,
know not.
To prove that she had received Babington's Letters, there were read out Babington's Con fession the chief heads certain Letters, which
had voluntarily confessed, that she wrote
rewarded them, they escape with life, their pos
“terity; and that much your majesty's
authority “it remaine
may able assure then. Now only your majesty's wisdom,
reduced into method, that your
that
happy deliverance first, for that thereupon
dependeth the only good, and that the other
this month will
byit he
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1 177] STATE TRIALS, 28 Eliz. 1586. —Mary 2ueen of Scots. [1178
back unto him : wherein when mention was albeit had particular interest this case,
made of the earl of Arundel and his brethren,
and the earl of Northumberland, the tears
burst forth, and she said, Alas! what hath that
noble house of the Howards endured for my Inost willing employ therein my life, and
sake 2 and shortly after, having wiped away the that have, may look for this world. tears, she answered, That Babington might con Now ground substantially this enterprize,
fess what he list, but it was an open lye, that she had devised such means to escape : That her adversaries might easily get the Cyphers, which she had used to others, and with the same write many things falsely: that it was not likely she should use Arundel's help, whom she knew to be shut up in prison ; or Northumberland's,
who was very young, and to her unknown. There were read also certain points picked out of Savage's and Ballard's Confessions, who
had confessed that Babington imparted unto them certain Letters, which he had received from the queen of Scots.
She affirmed, That Babington received none from her, yea that she was angry with some which had secretly suggested counsels unto her for invading of England, and had warned them to beware.
Now was there a Letter brought forth,
wherein Babington's Plot was coinmended and approved.
The Answer of the Scotish Queen to a Letter written by Anthony Babington, 12 July. 1586. -
“TRUsTY and well-beloved, according to the zeal and entire affection which I have known
in you towards the common cause of Reli gion, and mine, having always made account of you as a principal and right worthy mem ber to be employed both in the one, and in the other; it hath been no less consolation unto me to know your estate, as I have done
by your last Letter, and to have further means to renew my intelligence with you,
and bring good success, you must ex
amine duly, What forces, well foot horse, you may raise annong you all;
and what captains you shall appoint for them every shire, case general cannot
had. Which towns, ports, and havens, you may assure yourselves, well the North, West, and South, receive succours,
well from the Low-Countries, Spain, and France, from other parts. What place you esteen fittest, and most advantage assemble the principal company
than I have felt griefs withoutthe same.
often you can, concurrents, which you may judge any sort importunate the good mine affairs,
wherein shall not fail correspond with
the care and diligence that shall possi bility. For divers great and importunate con
write unto me hereafter,
this while past, pray you therefore
siderations, which were here too long
deducted, cannot but greatly praise and that were vain) take diligent order, that
commend your common desire prevent, time, the designment our enemies, for the extirpation our religion out this realm, with the ruin for have long ago shewed the foreign catholic princes, what they have done against the king Spain, and the time the catholics here remaining,
those your part make, secretly they can, provision armour, horses, and ready money, wherewith hold themselves readiness march soon shall sig
nified unto you the chief and principal every shire; and for the better colouring
the matter, reserving the principals the knowledge the ground the enterprizes,
exposed
persecutions and cruelty, number, forces, means and remedy not thereunto
daily diminish
power,
speedily provided, fear not little but that made only for the fortifying yourselves
they shall become altogether unable for ever rise again receive any aid when “soever offered. Then for my own part,
case need, against the Puritans this realm, the principal whereof having the chief
forces thereof the Low Countries, you pray you assure our principal friends, that “may the bruit disguised, seek the
that that may pretend unto, being
consideration me respect the public good the state, shall always ready, and
the same time, which would
conform the proportion
For how long pay and munition, and what ports are fittest for their landing this realm, from the foresaid three foreign countries. What provision monies and arunour, case you should want, you would ask.
what means the six gentlemen deliberate proceed. The manner my getting forth
this hold. —Which Points having taken amongst you who are the principal actors,
you can the that you in
shall enough the beginning give
out the rest, that the said provisions are
your forces compassed
your own.
and also few number best resolution my device part the same with diligence
Bernardin Mendoza, ambassador lieger for the king Spain France, who besides the experi
ence hath the estate this side, may assure you, will employ himself most willing: shall not fail write him of the matter
with the recommendations can, also
shall any wise that shall
But you must take choice men for the ma naging the affairs with the said Mendoza, and others out of the realm of some faithful and very secret, both wisdom and person age, unto whom only you must commit your selves; the end things may kept the more secret, which for your own security commend yourself. your messenger bring you back again sure promise, and suf ficient assurance the succours which you demand, then thereaster (but not sooner, for
needful.
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2.
1170] STATE TRIALS, 28 Eliz. 1586. —Proceedings against
oc. * only against me and other lawful pretenders ‘end remitting
thereto, but against their own queen that now “cipal friends
• ruin and overthrow at their return home of “effecting the said enterprize,
* the catholics, and to usurp the crown, not ‘grace
you may bring
the same
she will not altogether submit herself their government. These pretexts may serve
found and establish among associations,
confederations general, done only for
your preservation and defence, well
religion lands, lives, and goods, against
the oppression and attempts the said Pu quisite for the intire execution their good
ritans; without, directly writing, giving
out any thing against the queen, but rather
shewing yourselves willing maintain her
and her lawful heirs after her, not naming me.
The affairs being thus prepared, and forces
readiness, both without and within the realm,
then shall time set the gentlemen
work; taking good order, upon the accom
plishment their discharges, may sud
denly transported out this place, and meet proceed the enterprize: for shall any without tarrying for the arrival the foreign time die most contentedly, understanding aid, which then must hastened with all “your delivery out the servitude wherein
diligence. Now for that there can
certain day appointed for the accomplishment
“you are holden slaves. shall assay, that “at the same time that the work shall be
‘hand, that present make the catholics
[1180
overture such propositions you shall amongst you find best: and yourself particular, refer the gentlemen aforemen tioned, be assured that should be re
with the happy the judgment your prin this side, with whom you have deal, therein ordain and conclude upon these points, which may serve you for
wills. leave their common resolution
advice case the design not take hold, may happen whether they will no, not pursue my transport, and the execution
the rest the enterprize. But the Inishap
should fall out, that you might not come me, being set the Tower London,
auy other strength, with strong guard; yet notwithstanding, leave not for God's sake
the said gentlemen's designment, the
end others may readiness take me ‘ofScotland arise, and put my son their
‘hands, the effect, that from thence our ene ‘inies here may not prevail any succour: “would also that some stirring were Ireland,
and that were laboured begin some time ‘before any thing done here, and then that ‘the alarm might begin thereby the flat
appointed for my transporting; the end
that immediately after they may the
place mine abode, before my keeper can
have advertisement of the execution of the
said designment, the least before can
fortify himself within the house, carry brethren, and likewise seek the young
from hence, would that the said gentlemen had always about them, least court,
divers and sundry scoutmen, furnished with good and speedy horses, soon the design shall executed, come with diligence
advertise me thereof, and those (that shall
‘contrary side: that the stroke may come from your designs, have some general,
me out the same. were necessary dispatch two three the said advertisers
divers ways, the end, one staid the other may come through the same instant
were needful also assay cut the posts ordinary ways. This the plot that think
best for this enterprize, and the order where we shall conduct the same for our com mon security for stirring this side be
earl Northumberland, be liberty,
from over the sea; the earl Westmoreland ‘Inay had, whose hand and name, you
“know, may much the North parts; also “the lord Paget, good ability some shires ‘thereabouts: both the one and the other may
had, amongst whom secretly some more principal banished, inay return, the enter prize once resolute. The said lord Paget
“fore you sure sufficient foreign forces, “is now Spain, and may treat that,
that were for nothing but put ourselves
danger following the miserable fortune ‘such have heretofore travelled the like
actions; and you take me out this place, be well assured set me the midst of
‘good army, some very good strength, where may safely stay till the assembly your
his brother Charles, directly himself, “you will commit unto him touching the affairs. “Beware that none your messengers, that
you send forth the realm, carry any letters upon themselves; but make their dispatches,
and send them either after before then
some others. Take heed spies and false forces, and arrival the said foreign suc brethren that are amongst you, especially
cours. were sufficient cause given the some priests, already practised upon your queen, catching me again, inclose me enemies for your discovery and any case
some bold, out the which should never “escape, she did use me worse; and ‘pursue with extremity those that assisted ‘me, which would grieve me more than the
keep never paper about you, that may
any sort harm for from like errors have coine the condemnation of all such as have
suffered heretofore, against whom otherwise unhappiness might fall upon myself. Ear nothing could justly have been proved. Dis
nestly you can, look and take heed most ‘carefully and vigilantly compass and assure
“all well, that shall uccessary for the
cover little you can, your names and in tentions the French ambassador, now lieger Loudon; for although, understand,
chief head, are very pertinent; and therefore “were good send obscurely for the pur ‘pose the earl Arundel, soune his
so
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;
1181] STATE TRIALS, 28 Eliz. 1586–Mary Queen of Scots. [118%
* is a very honest gentleman, yet I fear his her part, she would not purchase the kingdom • master entertaineth a course far contrary to with the death of the meanest man of the com
there were many which attempted dangerous
“our designment, which may move him to dis mon people, much less the queen: That
oP. • thereof. All this while
* cover us, if he had any particular knowledge
change
* and remove from this house; and for answer, late Letter, which she had received, Pardon
• the castle of Dudley hath been named to
some, without her
they should enter
by appearance
* serve the turn; so as about
sued to
without her was asked her
privity:
* the end of this summer, I may go thither: was easy matter counterfeit the Ciphers * therefore advise so soon as I shall be there, and Characters others, young man did “what provision may be had about that part, very lately France, which had vaunted him self be her son's base brother: That she
* for my escape from thence. If I stay here, * there is but one of these three ways or means, * to be looked for.
feared also lest this were done now Wal
singham bring her her death, who, she * The 1st, That at a certain day appointed for heard, had practised against her life and her * my going abroad on horseback on the Mores, son's. She protested that she had not much
-- between this and Stafford, where ordinarily, thought the destruction the queen; that “you know, but few people do pass, fifty she had rather most gladly spend her own life, threescore horsemen, well mounted and arm than for her sake the Catholics should be so
ed, come take me away, they may ea afflicted hatred her, and drawn cruel
“sily; my keeper having with him but eighteen twenty horses, with only dogs.
death. And withal she shed plenty tears. But (said the Lord Treasurer) man which hath shewed himself good subject, was ever soon after, and set fire on the barns and sta put death for Religion; buot some have heen
The 2nd means, To come midnight,
designs
knowledge; very and
prize any thing
That
bles, which you know are near the house; and whilst my guardian servants shall come forth the fire, your company having duly
mark, whereby they may known one
from another, some you may surprize the thors, replied he, such Books, write also house, where hope with the few servants that the queen had forfeited dignity. have about me, shall able give you cor Walsingham, who hath found himself taxed respondent aid.
even now her words, took opportunity, and
And the 3rd Some there that bring rising up, protested that his mind was free from
carts hither early the morning, three carts may prepared; that being the midst the great gate, the carts might fall down, overthrow; that thereupon you might come
all malice: call God, said he, record, that
private person have done nothing unbe
seeming honest man; nor bear, the place public person, have done anything unworthy my place. confess, that being very careful for the safety the queen and realm, have curiously searched out the prac tices against the same. Ballard had offered
suddenly, and make yourselves masters
the house, and carry me suddenly away;
you might easily do, before any number
soldiers, who lodge sundry places forth
this place, some half mile, and some me halp, should not have refused yea, whole mile, could come relieve. Whatso would have recompensed the pains had ever issue the matter taketh, do, and shall taken. have practised any do. with him, think myself obliged, long live, to why did not utter save his life
wards you, for the offers you make hazard With this answer, she said she was satisfied:
yourself you for my deliverance and She prayed him would not angry, that ‘by any means that ever may have, shall she had spoken freely what she had food re
“do my endeavour deserts: therein
recognize my effects your have commanded more
made for you, which
ported; and that would give more credit those that slandered her, than she did such
who accused him That Spies were men doubtful credit, which dissemble one thing, and speak another; and that would sort believe that she had consented the queen's destruction. And now again she burst forth
ample alphabet
herewith you shall receive. God Almighty
have you his protection. Your assured friend for ever. MARY, Regina. -Fail not burn this privately and quickly. '
Of this Letter she required Copy, and into tears; would never, said she, make affirmed, That proceeded not from her, but shipwreck my soul, conspiring the de
haply from her Alphabet Ciphers France: That she had done her best endeavour for the
struction my dearest sister.
was answered the Lawyers, that this
should soon disproved Testimony. Thus
far
recovery liberty, her
which nature itself loweth, and had solicited her friends deliver
the forenoon. the afternoon,
-
disprove this, was pro Letter which Charles liver her, she answered not word. Never Paget had written; and Curle, one her theless, she much desired divert the storm secretaries, had witnessed that she had re persecution from the Catholics, and for this ceived; touching Conference betwixt Men
she had made earnest suit the queen: for doza and Ballard, about the design for invading
her; yet some, whom she listed not
name, when they offered her their help de duced the Copy
for Treason, while they maintained the Pope's Bull and authority against the queen. —Yet
said she, have heard otherwise, and have read also Books set forth print. —The Au
to
as
let
of
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1 183] STATE TRIALS, 28 Eltz. 1586. —Proceedings against [1184
of England, and setting her at liberty. —This, Babington, the lord Lodouic and Fernihurst, answered she, was nothing to the purpose, and were objected unto her out Curle's Testi
proved not that she had consented to the de struction of the queen.
mony; she denied not, but she had written out many and amongst others, that for the lord Lodouic, when she had commended him and another the dignity Cardinal; and that
The Lawyers proceeded further, to prove
that she was both privy to the Conspiracy, and
conspired also the Destruction of the queen, without offence, (she trusted) for that was
by Babington's Confession, and Letters also
that had passed betwixt her and him; wherein
he called her, his most dread and sovereign
lady, and queen : And by the way, they men
tioned that a Plot was laid for conveying the
kingdom of England to the Spaniard. She
confessed, that a priest came unto her, and
said, That if she would not intermeddle, she
and her son both should be excluded from the
inheritance; but the priest's name she would nor Ballard.
Amongst these Speeches, when the Lord Treasurer had mentioned, that she knew Mor gan well, which had sent Parry privily mur
Then pressed they her with the Testimonies
of her Secretaries Naw and Curle, out of Bab yearly pension; she replied, that she knew not ington's Confession, and the Letters sent to whether Morgan had done so, but she knew that and fro betwixt her and Babington, and the Morgan had lost for her sake, and therefore whole credit of their Proofs rested upon their concerned her honour relieve him and Testimony; yet were not they produced before
her face to face. Curle she acknowledged an
honest man, but not a meet Witness to be
against her. As for Naw, he had been some
times a Secretary, said she, to the cardinal of (said she) Pensions have been assigned out Lorain, and commended unto her by the England Patrick Gray, and the Scots my French king, and might easily be drawn either adversaries, also my son.
by reward, or hope, or fear, to bear false wit The Lord Treasurer answered, When the ness, as one that had sundry times rashly bound revenues Scotland were the negligence himself by oath, and had Curle so pliable unto the regents much diminished, the queen be him, that at his beck he would write what he
bade him. . It might be that these two might
insert into her Letters, such things as she had
not dictated unto them. It might be also that
such Letters came to their hands, which not
withstanding she never saw ; and so she brake foreign aid. But when she had answered,
not tell. She added, that the Spaniard did lay claim to the kingdom of England, and would not give place to any but to her. -
der the queen, and that she had assigned him
lawful for her have intercourse of Letters,
and negotiate her matters with men her Religion, for the queen with the professors another religion.
Then pressed they her hard with the con senting Testimonies Naw and Curle reite rated and she reiterated her Answers, else
refelled their Testimonies flat denial; pro testing again, that she neither knew Babington
forth into such words as these ; The majesty and safety of princes falleth the ground, they depend upon the Writings and Testi
mony Secretaries. delivered nothing them but what nature delivered me, that might length recover my liberty. And am
not convicted but mine own Word Writing. they have written any thing which may hurtful the queen my sister,
they have written altogether without my knowledge; and them bear the punishment
their inconsiderate boldness. Sure am, they were here present, they would clear me
That these things made not the destruction the queen; and foreigners laboured set her liberty, was not laid her charge; and that she had sundry times openly signified the queen, that she would seek her own liberty: the matter was prorogued till the
next day following.
The next day she returned her former Pro testation, and required have recorded, and
Copy thereof delivered her, lamenting, that the most reasonable conditions, which she had many times propounded the queen, were al ways rejected, even when she promised de liver her son and the duke of Guise's son for hostages, that the queen kingdom Eng land should receive detriment her,
blame this Cause. And
were hand, could answer these things.
my Notes particularly
she was not bound revenge Injury done the queen friend, that had deserved well her hands? yet had she terrified the man from such wicked attempts: but contrary wise
stowed somewhat bounty upon your son the king, her near kinsman.
Afterwards were produced the chief points certain Letters sent England, and the lord Paget, and Bernardine Mendoza, about
-
Amongst these Speeches, the Lord Trea she saw herself already quite barred from all
surer objected unto her, that she had purposed hope her liberty. But now she was most un send her son into Spain, and convey her worthily dealt withal, whose honour and repu Title she claimeth the kingdom England, tation was called question before foreign the Spaniard. —To whom she answered, lawyers, which wretched conclusions drew That she had kingdom which she could con every circumstance into consequence; where vey, yet, was lawful for her give those princes anointed and consecrate are not sub things which were hers, her pleasure, and not ject the same laws that private men are.
accountable for the same any. Moreover, whereas authority was granted When her Alphabets Ciphers, sent over the Commissioners, examine matters tending
to
in no
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to
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11 S5] STATE TRIALS, 28 Eliz. 1586–Mary 2ueen of Scots. [1186
to the hurt of the queen's person : yet was the other purpose, but discover your offence Cause so handled, and Letters wrested, that against the queen's person, and the matters
the religion which she professed, the immunity belonging, which are interlaced with other and majesty of foreign princes, and the private matters, that they cannot severed. The intercouste betwixt princes were called in ques whole Letters therefore, and not parcels picked tion, and she herself made to descend beneath out here and there, have been openly read, for
her royal dignity, and to appear as a party that the circumstances give assurance, what
guilty before a tribunal seat ; and
other purpose but that she might quite ex cluded out the queen's favour, and her own right the succession; whereas she appeared voluntarily clear herself the matters ob
jected against her, lest she might seem have
neglected the defence her own honour and have confessed any thing out fear tor innocency. She called also remembrance, ments, hope reward and impunity, was
how queen Elizabeth herself had been drawn not
question about Wyat's Conspiracy,” whereas
notwithstanding she was most innocent reli giously affirming, that though she wished the safety the Catholics might provided for yet would she not that should effected with the death and blood any one. For her part, she had rather play Hester than Judith make intercession God for the people, than deprive the meanest the people iife. She expostulated, that her enemies had divulged abroad that she was irreligious; but the time was (said she) when would have been instructed
be another meeting about this matter, and that many things you have propounded time after advocate might granted unto her plead time concerning your liberty; that they have
matters you dealt with Babington about.
She interrupting him, said, The circumstances
may proved, but never the fact: Her inte grity depended not upon the credit and me mory her Secretaries, though she knew them
honest and sincere men. Yet they
admitted, for just causes, which she
alledge elsewhere. Men's minds, said
would
she, are diversly carried about with affections,
and they would never have confessed such matters against her, but for their own advan
tage and hope. Letters may directed others, than those whom they are written, and many things have been often inserted, which she never dictated. her papers had not been taken away, and she had her Secre tary, she could better confute the things ob
jected against her.
But nothing, said the Lord Treasurer, shall objected, but since the 19th day June; neither will your Papers avail you, seeing your Secretaries and Babington himself, being never put the rack, have affirmed that you sent
the Protestant Religion, but they would not
suffer me so, they cared not what
became my soul. And now concluding,
When have done can (said she)
against me, and have excluded me from my
right, may chance fail your cause and
hope. And withal making her appeal God,
and the princes her kinsmen, and renewing
her Protestation, she prayed that there might this which followeth, tell you counsellor;
her Cause; and that seeing she was princess, she might believed the word princess: For were extreme folly stand their
judgement, whom she saw most plainly armed with prejudice against her.
To these things the Lord Treasurer said,
Whereas bear double person, one Commissioner, another Counsellor, receive
first few words from me as Commissioner.
failed success, long you, the Scots, and not the queen. For the Lords
Scotland flatly refused deliver the king hostage. And when the last Treaty was holden concerning your liberty, Parry was sent privily
Morgan, dependant yours, murder the queen.
Ah (said she) you are my adversary. Yea (said he) am adversary queen Elizabeth's adversaries. But hereof enough, let now
Your Protestation recorded, and Copy
thereof shall delivered unto you. To our proceed Proofs. Which when she refused
authority granted under the queen's hand, and the great seal England, from which
there appeal; neither we come with prejudice, but judge according the exact
hear; Yet we (said he) will hear thein: and also (said she) will hear them another place,
and defend myself.
Now were read again her Letters Charles
rule justice. The queen's learned Counsel Paget, wherein she shewed him that there was
do level nothing else but that the truth may come light, how far you have offended against the queen's person. To full power
given hear and examine the matter, even your absence; yet were we desirous you should
other way for the Spaniard reduce the Netherlands obedience, but setting
prince England that might use unto him; and the lord Paget, hasten his aux liary forces invade England; and cardinal
be present, lest we might seem have dero Allen's Letter, wherein called her his most gated from your honour: We purposed not dread sovereign lady, and signified that the object any thing unto you, but what you were matter was commended the prince Par
privy to, have attempted against the queen's person. The Letters have been read
See No. 51.
ma's care.
As these Letters were reading, she inter posed these Speeches: That Babington and her Secretaries had accused her excuse ther
WOL,
those Letters Babington; which though you deny, yet whether more credit given
affirmation than negation, let the Com missioners judge. But return the matter:
4 G
;
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i 127]
STATE TRIALS, 28 Eliz. 1386–Proceeding: against [11 SS
selves; that she never heard of the six Execu re-establish the same on this side,
tioners, and that the rest made nothing to the imports the rest Christendom. Let this purpose. As for Allen, she held him for a kept secret, forasmuch come be reverend prelate; and she acknowledged no “revealed, should France the loss other Head of the Church, but the bishop of “my dower, Scotland clear breach with my 1&ome. In what rank and place she was es ‘son, and this country my total rain and de teemed by him and foreign princes, she knew ‘struction. —Thank my behalf the said king not; neither could she hinder their let “your master, for the favour and liberality ex ters they called her queen England. As for “tended the lord Paget and his brother, her Secretaries, seeing they had done con ‘which pray him most earnestly continue, trary their duty and allegiance sworn unto and gratify for my sake with some pension her, they deserved credit. They which have “poor Morgan, who hath much endured not once forsworn themselves, though they swear only for me, but for the common cause. —I
again with never great oaths and protesta recommend likewise unto you Fulsanbe tions, are not be credited. Neither did ‘(whom you know) help him some supply.
above the Entertainment that have allotted him, according the small means have. ”
any oath whatsoever court conscience, foras much they had sworn their fidelity and se
these men think themselves bounden
crecy her before, and were subjects
England. That Naw had many times written
otherwise than she had dictated unto him, and lay now Rome for that cause. She com Curle wrote whatsoever Naw bade him. But plaining that her Secretaries had broken their for her part she was willing bear the burden allegiance bound oath, answered, When
Out these she was pressed she had purposed convey her Right the kingdom
their fault things, but what might lay being prisoner languished cares without blot upon her honour. And haply also they hope liberty, and was without hope
sing, who they thought should more favour sickness;
ably dealt withal being queen. As for Bal Succession
lard, she never heard any such, but one established
Hallard, which had offered her his help; which Catholic. And Book was sent unto me notwithstanding, she had refused, for that she
had heard that the same man had also vowed
his service Walsingham.
Afterwards were read certain brief Notes of
her Letters Mendoza, which Curle had con sessed had written privy Cipher.
avow the Spaniard's Title; which when was not allowed me, incurred displeasure among some But now my hope England being desperate, am fully resolved not reject foreign aid.
The Solicitor put the Commissioners mind find inysclf greatly troubled what course what would become of them, their honours,
take a-new, for the affairs on this side the estates and posterities, the kingdom were ‘sea; Charles Paget hath charge fron me conveyed. But the Lord Treasurer shewed
impart unto you certain overtures my that the kingdom England could not con behalf; whereupon pray you deliver him veyed, but was descend Right Suc
freely, what you think inay obtained cession according the laws; and asked her, thereof, from the king your master. There she would any more.
another point depending thereof, which have reserved write your ownself,
for you sent unto the king your master my behalf, man cloe,
She required that she might heard
full parliament, that she might person
speak with the queen, who would (she hoped) have regard queen, and with the council. And now rising with great confidence countenance, she had some conference with the
possible, being privy thereunto that
that considering my son's great obstimacy
Heresy, and forest eing hereupon the immi lord treasurer Hatton, Walsingham, and the nent danger and harm like ensue the
Catholic Church, coming the Succession
this realin, have resolved with myself, case uty said son not reduce himself before my death the Catholic Religion, (as must tell you plainly, have small hope long
shall remain Scotland) give and grant
Proceedings
the Star Chamber.
my right
Succession Testament;
the said king your master, the Barker, principal Register the queen's ma
this crown, my last Will and jesty; Thomas Wheeler, public Notary, Register
praying him consideration the Audience Canterbury and other
hereof from this time forward take me credible persons which were present.
wholly into his protection, likewise the state The said 25th day October,
the Com Shrewsbury
them sick at
the Spaniard, and that Allen and Parsons
confessed these things save themselves; sup effect those things which very many expected posing that they could not hurt her confes my hands, declining now through age and
seemed good the Crown
some, that the England should
the Spaniard,
some English
earl Warwick, themselves apart.
-
prorogued the 25th October, the Star
Chamber Westminster. Thus far touching this matter out of the Commentaries of Edward
These things being done, the assembly was
the which for dis missioners met, saving the earls cannot think and Warwick, which were both
and affairs this country charge my conscience,
can put into the hands
lous our Reiigion, and able respects oath, viva voce, voluntarily without hope of
prince more zea that time; and after Naw and Curle had by
of
to onbe
he
to as
to
in all
in to to to
to be no
it, if
of
to
to
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: ofit at to to in it all of in in
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of
be
to
to
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of be in
in
it
to ofit
of to
of
as
i 189] STATE TRIALS, 28 Eliz. 1586–Mary 2ween of Scots. [l 190
reward, before them avowedly affirmed and ward Jones, Chidiock Titchbourne, Charles confirmed and every the Letters, and Copies Tilney, and the rest the Conspirators, was Letters, before produced, most true; confirmed, and their goods and possessions
Sentence was pronounced against the queen confiscate. The estates also the realm, Scots, and confirmed with the seals and sub which had their voices approved and con scriptions the Commissioners, and recorded firmed the Sentence given against the queen
these words: “By their joint assent and con Scots, did with joint assent Supplica sent, they pronounce and deliver their Sen tion the queen the hands the lord tence and Judgment, the day and place last chancellor, follows:
recited and say, That after the end the ‘May please your most excellent majesty, aforesaid session parliament, the Com “our most gracious sovereign, we your humble,
mission aforesaid specified, namely after the “loving and faithful subjects, the Lords and aforesaid 1st day June, the 27th year Commons this present Parliament assem abovesaid, and before the date the same bled, having long time our intolerable Commission, divers matters have been coin “grief seen how manifold most dangerous
assed and imagined within this realm Eng and execrable practices, Mary the daughter
nd, Anthony Babington and others, scientia, English, with the privity,
death and destruction the royal person person, whose safety (next under God) our our said lady the queen. And namely, That chief and only felicity doth consist; and
after the aforesaid 1st day June, the 27th thereby not only bereave the sincere year abovesaid, and before the date the and true Religion Almighty God, bringing
cum and heir James late king Scots, the dowager France, and commonly called
Queen Scots, hath compassed the Destruc this realm England, tending the hurt, ‘tion your majesty's sacred and most royal
said Mary, pretending title the crown
Commission aforesaid, the aforesaid Mary pre . and this noble crown back again into the
tending
tyranny,
title the crown this realm thraldom England, hath compassed and imagined within “utterly
the Romish
but also
this realm England, divers matters tending the hurt, death and destruction the royal person our sovereign lady the queen, contrary
to the form of the statute the Commission aforesaid specified. ” -
Concerning this Sentence, which depended wholly upon the credit the Secretaries, and they not brought forth face face, according
the first Act the 13th year queen Elizabeth, much talk there was, and divers Speeches ran abroad while some thought them credible persons, and some unworthy
be credited. have seen Naw's Apology king James, written the year 1605; wherein laboriously protesting, excuseth himself, that was neither author, nor persuader, nor the first revealer of the Plot that was under taken, nor failed his duty through negligence,
ruinate and overthrow the happy State and Commonweal of this most noble
time the God, and your
either most graciously passed over, with singular favour tolerated, although often and instantly moved your most loving and faithful subjects the contrary, times your Parliaments, and many other times; and hath also protected and defended the said Scotish queen from those great dangers which her own people, for certain detestable crimes and offences her imputed, had de termined against her: which notwithstand
foresight; yea,
want . . . ; that this
stoutly impugued the points
‘ing, the same queen was nothing moved with these and many other your majesty's most
but rather ob hope continual prosecute her cruel
the same day was there Declaration made
the Commissioners and Judges the land, very dangerous Plot being conceived and
tion against his lady and mistress: which not withstanding appeareth not Records. But
impunity imboldened
and mischievous determination some speedy and violent course; and now lately
hat the said Sentence did derogate nothing from James king Scots, title honour,
but that was the same place, degree and right, the same sentence had never been pronounced.
Proceedings
Parliament.
Some few days after, Parliament was holden Westminster, begun virtue certain power vice-gerency, granted the
queen the abp.
Treasurer, and the earl without precedent.
Canterbury, the Lord Derby, and that not
which Parliament the Proscription the lord Paget, Charles Paget, t sir Francis Englefield, Francis Throckmorton,
day Accusa
gracious durate
favours towards malice, and
her;
set down Anthony Babington and others,
That desperate and wicked persons should undertake that wicked and most horrible en terprize, take away your majesty's life, (whom God his infinite mercy long pre serve) she did not only give her advice and direction upon every point, and circum stances concerning the same, make earnest request have performed with dili gence, but did also promise assurance large reward and recompence the doers thereof: which being informed your majesty, pleased your highness, upon the earnest suit
such tendered the safety your royal person, and the good and quiet state this Anthony Babington, Thomas Salisbury, Ed realm, direct your Commission under the
realm which being from time mercy and providence
pre vented, your majesty your exceeding great clemency and princely magnanimity hath
h
ighness's singular wisdom,
foreseen and
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I 191] STATE TRHALS, 28 Eliz. 1586. -Proceedings against [1102
-4. great seal of England, to the lords and others - of your highness's privy council, and certain
< other lords of parliament of the greatest and . most antient degree, with some of your prin 4. cipal judges, to examine, hear and determine
- the same cause, and thereupon to give Sen - tence or Judgment according to a statute in - that behalf, made in the 27th year of your - most gracious reign : by virtue whereof, the - more part of the same Commissioners, being
thereupon weighing with heavy and sorrow hearts, what continual peril such like desperate conspiracies and practices your majesty's most royal and sacred person
and life (more dear unto than our own)
still, without any possible means
long the said Scotish suffered continue, and shall not receive that due punishment, which by ‘justice, and the laws this your realm, she
queen shall
- in number 86, having at sundry times fully ‘hath often and many ways for her
- heard what was alledged and proved against
- the said Scotish queen in her own presence,
- touching the said Crimes and Offences, and
- what she could say for her Defence and Ex deserved punishment Death for these her
- cuse therein, did after long deliberation give - their Sentence and judgment with one con
- sent, that the Death and Destruction of your o royal person was imagined and compassed by
most execrable Treasons and Offences, your highness's royal person shall exposed un
- the said Anthony Babington, with the privity
4. of the same Scotish queen : and that she
- herself did also compass and imagine the
- death and destruction of your most royal
4. erson. Now for as much as we your ma and occasion the same, now justice - jesty's most humble, loyal and dutiful sub may orought done We nosthumbly - jects, representing unto your most excellent
- majesty the universal state of your whole
- people of degrees this your realm,
t well perceive, and are fully satisfied, that the
- same Sentence and Judgment things
- most honourable, just and lawful; and having
- carefully and effectually, according our
4. most bounden duties, weighed and considered
4. upon what ground and cause many traitor
4. ous complots, and dangerous practices against
4. your most royal person and estate, and for
- the invading this realm, have for the
- space many years past grown and pro said Scotish queen, according the effect - ceeded, certainly find, and are undoubt
and true meaning the said statute Be cause upon advised and great consultation, we cannot find that there any possible means provide your majesty's safety, but the just and speedy execution the said queen, the neglecting whereof may pro cure the heavy displeasure and punishment Almighty God, sundry severe examples
great justice that behalf left us, the sacred scriptures doth appear. And the same not put present execution, we your most loving and dutiful subjects shall thereby (so far man's reason can reach)
professing the true Religion Jesus
- Christ, and the antient nobility this land,
4. and bring this whole state and common
4. weal foreign subjection, and utter ruin and
- confusion which their malicious and trai
- torous purpose they will never cease pro
- secute possible means they can,
. long they may have their eyes and imagina nance and voice, answered this purpose
4. tions fixed upon lady, the only ground many and great are the hottomless - their treasonable hope and conceits, and aces, and immeasurable benefits bestowed 4. the only seed-plot dangeroos and trai upon me the Almighty, that must not 4. torous devices and practices against your sa only most humbly acknowledge then be
- edly persuaded that all the same have been
- from time time attempted and practised,
- and from the Scotish queen, and her - confederates, ministers and favourers, who
- conceive assured hope atchieve speedily - your majesty's untinely death that which - they have long expected, and whereof during - your life (which God long preserve
- estimable comfort) they despair;
- place her the said Scotish queen
- perial and kingly seat this realm, and
- her banish and destroy the professors and
- cred person. And seeing also what insolent - boldness grown the heart the same - queen, through your majesty's former exeecd
nefits, but admire them miracles, being sort able express them. And though there liveth not any that inay more justly ac
knowledge himself bound God than
ing favours and clemencies towards her; and
our in wit,
the im
and shall prevent
most wicked and detestable offences deserv ed: Therefore, and for that we find, that the said lady should now escape the due and
many more, and those more secret and dangerous Conspiracies than before, and such shall not cannot be foreseen,
discovered, these her late attempts have been and shall not hereafter be well able remove take away the ground
beseech your most excellent majesty, that well respect the continuance the true religion now professed amongst and the safety your most royal person and estate,
regard the preservation and defence
your most loving, dutiful and faithful subjects, and the whole commonweal this realm;
may please your highness take speedy or der, That declaration the same sentence and judgment made and published proclamation, and that thereupon direction
given for further proceedings against the
brought into utter despair the continu
ance amongst
mighty God, and
the safety
Al your majesty's life, and your faithful subjects, and
the true religion
the good estate this most flourish. ng com
monweal. ”
The Queen, with great majesty counte
is
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1193] STATE TRIALS, 28 Eliz. 1586. -Mary 2ueen of Scots. [1194
whose life he hath miraculously preserved & from so many dangers, yet am I not more deeply bound to give him thanks for any one thing, than for this which I will now tell you, and which I account as a miracle : Namely, that as I came to the crown with the most hearty good-will of my subjects, now after years reign, perceive them the same, not greater good-will towards me; which once lose, well might breathe, but
rather than expounding the laws themselves,
the noblest personages
never think lived. And now though my judges the realm and little enough.
life hath been dangerously shot yet pro For we princes are set
were upon stages,
the world. The our garments,
test there nothing hath more grieved me, than that one not differing from me sex, like rank and degree, the same stock,
and most nearly allied unto me blood, hath fallen into great crime. And
far have been from bearing her any ill-will,
that upon the discovery certain treasona ble practices against me, wrote unto her
secretly, that she would confess them private letter unto myself, they should
wrapped silence. Neither did write thus nind entrap her, for knew then as much she could confess. And even
yet, though the matter come thus far, she would truly repent, and man would undertake her cause against me, and my life alone depended hereupon, and not the safety and welfare my whole people, would protest unfeignedly) most willingly pardon her. Nay England might my death attain more flourishing estate, and better prince, would most gladly lay down my life For, for your sakes and for my
the sight and view
least spot soon spied
people's, that desire live. see such great cause why
be fond live, good experience
subject, and what sovereign. Good neighbours have had,
and have met with bad and trust have found treason. have bestowed bene
fits upon deservers; and where have done well, have been requited. While call mind these things past, behold things present, and expect things come, hold them happiest that hence soonest. Ne vertheless against such mischiefs these, put better courage than common
my sex, whatsoever befall me, death shall not take me unprepared. —And
touching these Treasons, will not preju dicate myself, the laws my kingdom,
proceedings just and honourable. But must tell you one thing, that this last act parliament you have brought me nar
row streight, that must give order for her death, which princess most nearly allied unto me blood, and whose practices against me have stricken me into great grief, that
have been glad absent myself from this parliament, lest should increase my sorrow
hearing spoken and not out fear any danger, some think. But yet will now tell you secret (though well known
that have the property keep counsel) not long since these eyes mine saw
and read an oath, wherein some bound them
selves kill me within month hereby see your danger me, which will very
careful avoid. —Your Association for my safety have not forgotten, which never much thought of, till great number hands, with many obligations, were shewed me; which acknowledge strong argument your true hearts, and great zeal
my safety, shall my bond stronger
tied greater care for your good. But
forasmuch this matter now hand very
rare, and greatest consequence, hope
you not look for any present resolution;
for my manner matters less moment
than this, deliberate long upon that which once be resolved. In the mean time
beseech Almighty God illuminate my mind, that may foresee that which may
serve for the good his church, the prospe rity the commonwealth, and your safety.
And that delay may not breed danger, we will signify our resolution with conveni ency. And whatever the best subjects may expect the hands the best princes, that expect from me performed the full. ”
what
fear die.
this world, and
think that she having been the the same treasons, was bound the antient laws, though the late
As for me, should either have had
know
not but
contriver
and liable
act had never been made; which notwith
standing was ways made prejudice her. roughly weighed the matter her mind, being
far was from being made entrap her, distracted with doubtful care and thought, and that was rather intended forewarn and as were some conflict with herself what to
terrify her from attempting anything against important business, she sent the But seeing was now force law, Lord Chancellor the higher house, and Puck
thought good proceed against her ac ering the rest the lower house; praying cording the same. But you lawyers are them enter into new consideration upon curious scanning the nice points the weighty matter, and devise some better
law, and following precedents and form, remedy, whereby both the queen Scots Life
that exact observing
must have been indicted
have holden up her hand
have been tried jury
proper course forsooth trial against prin cess To avoid therefore such absurdities,
thought better weighty cause
refer the examination good number
blemish quickly noted
our doings. behoveth us therefore be careful that our
your form, she Staffordshire, and the bar, and
twelve men.
the land, and the
The twelfth day after when she had tho
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1o19:5) STATE TRIALS, 2s Eliz. 1586–Proceedings against [1196 *
be spared, and her own security provided tinually done) seek means whatsoever.
or.
After much and long deliberation, they judg before her own life: For her late direction
ing that both the welfare and hurt of the prince some her complices, she willed, “What belongeth to all, concurred again with one soever became her, the Tragical Execution
voice in the same opinion, and that for these should performed
Causes: For that the queen's safety could not inuch the more danger
be secured as long as the queen' of Seots lived, the sentence than before,
unless she either seriously repented and ac hoveth then, that would preserve her ad knowledged her offence, or were kept with a vance her, hasten your death now never more streight guard, good assurance being before execution done upon her; knowing given by bond and oath for her good demean that you, and none else, can give direction for our, or delivered hostages, or else departed the her death, and that your death the sentence realin. As for her Repentance, they were out would lose the force execution, and otherwise of hope considering that she had they should come too late they take not the requited the queen which had saved her life, resent opportunity help her. —Her friends
. . .
surer guard, streighter custody, bonds, oath, therefore their opinion your death first
and hostages, they held them nothing, for and principally sought, the most com that the queen's life being once taken away, pendious way ruin the realin invasion. —
these would presently vanish. And she Some the eldest and wisest papists set should depart the realm, they feared lest she down for special good drift occupy you would presently take arms invade the same. with conceit, that the preservation her life
the safety your own; and therefore you may assured, that they verily think that her
and did not yet acknowledge her fault. As for
unprofitable
while
you live,
and
These Reasons the Lord Chancellor, and Puckering, Speaker the lower house, opened more large, the manner following.
greedy your death, preferreth —She and
you. ' There by your person since
how much be
your death and destruction. —2. concerns Religion most spare her, who hath continually while safe.
