—That, peace rection; and accordingly Ballard was
prepared
inade France, her cousin Guise, having and ready have taken that journey,
already great forces, may employ the same had not been prevented his apprehension,
hire, sudden, before the queen aware.
already great forces, may employ the same had not been prevented his apprehension,
hire, sudden, before the queen aware.
Complete Collection of State Trials for Treason - v01
” - “never confounded.
” Then stretching forth When she had said this, and turned herself her body, and repeating many times, Into aside, was last granted, that such her thy hands, Lord commend my Spirit,' present.
her head was taken off two strokes: The
servants she should name should
She named Melvin, Burgoin her physician, her Dean crying out, ‘So let queen Elizabeth's apothecary, her surgeon, two waiting women, “enemies perish;’ the earl Kent answering and others, whom Melvin bore her train. Amen, and the multitude sighing and sorrow
the gentlemen, two earls and the sheriff ing. Her body was embalmed and ordered
So
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1211] STATE TRIALs, 28 Eliz. 1586–Proceedings against [1212
with due and usual rites, and afterwards interred that had commanded would never with a royal funeral in the cathedral church of deny am not faint-hearted, that for
Peterborough. A pompous obsequy was also “terror should fear the thing that performed for her at Paris, by- procurement of ‘just, own when once done; no,
the Guises. am not base and ignobly minded. But The news of Mary's execution, says Rapin, “it princely part, with feigned words
tation and mourning were the signs she gave her grief, which seemed moderate. She drove the Privy Counsellors from her presence,
being brought to Elizabeth, she appeared ex ‘conceal and disguise the real meaning the tremely concerned at Sighs, tears, lamen “heart; will never dissemble my actions,
and commanded them Star-Chamber, and Davison
life for his disobedience.
sent the following letter the king Scot
would will never
land (afterwards king James Robert Cary
England),
‘ing and intention, which, since iny pen trem “bles mention you shall fully understand
long health and safety. ’
The following Report the Evidence against
be examined the tried for his
had not
few days after she
My dearest Brother;
would God thou knewest (but not that more care for the good you and your
thou feltest) the incomparable grief my mind fairs. any man would persuade you perplexed with, upon this lamentable acci the contrary, you may conclude he favours dent, which happened contrary my mean others more than you. God preserve you
but make them appear their true and pro
per colours. Persuade yourself this for truth, that know this has happened deservedly
her part, had intended
not have laid upon others; but
oharge myself with that which
much thought Other matters you shall understand the bearer this letter. As for me, would have you believe there not any which loves you more dearly, takes
the Queen Scots Fotheringay, and the God and many others can witness my inno confession of her Secretaries afterwards the
this my kinsman. * request you, that
“cence this matter, you will also believe, He was kin her Ann Bullen her mother.
Star Chamber, being more full and satisfactory
did write the lord Paget, Charles Paget, Mendoza, sir Francis Inglefield, and
the archbishop Glascow, concerning Bab ington's Plot, &c. Whereupon the Lords and other the Commissioners, conferred together
give Sentence Judgment, upon good
proof the matter shall appear. —She was di rectly charged the Queen's Serjeants, that
she had compassed and imagined the death and
Evid ENCE AGAINST THE QUEEN Scots.
[Ertracted from the Hardwicke State Papers, vol. 224. ]
Die Martis rros Octobris 1586. her Majesty our sovereign lady, only the lord
THE Commissioners being (except the Zouch, said, gave his Sentence, that she
cars Shrewsbury and Warwick, and was privy the compassing, practising, and
Amias Paulet), assembled within the Star imagining her Majesty's Death, but could Chamber, recapitulation was made her not pronounce that she had compassed, prac majesty's Privy Council, such proofs tised, imagined the same, &c. And then had been made against the Scots queen, before Mr. Sanders was called for in, take notice them Fotheringay, &c. After which Nau of this Sentence. —Note, That the earl and Curle were brought personally before the Shrewsbury sent his Judgment writing, con Commissioners, and, their presences, did taining his consent unto the same; and avow and maintain all their Confessions, Ex afterwards did the earl of Warwick. -The
and made the same. And they did, then and authoriseth the Commissioners examine,
aminations, and Subscriptions true,
such manner and form, they have written 27th year the Queen's Majesty's reign, and
there, expressly affirm and maintain, That the
Scots queen had received and read Babington's Letters, and that, her direction and express commandment, the Answer unto the points thereof, was returned unto Babington
whether Mary the Scots queen, since the first June, the same 27th year, hath compassed
imagined any thing tending hurt the Queen's Majesty's person; whether she hath been privy, that any other person hath com passed imagined any thing tending the
her name, according the Letter set
down. —Also, that, the same 12th July, she hurt her Highness's person, and thereupon
than any other which print, from the Hardwicke State Papers.
here given
Commission reciteth the Statute made the
destruction her Majesty, and also was privy secret, and afterwards, said, con and consenting the conspiracies and Treasons
cluded upon their judgment. And they called Anthony Babington, and John Ballard, and the Queen's Serjeants, the Attorney and their confederates, and was within the com
Solicitor, and before then, said, gave
their sentences, which the Commissioners present, except the lord Zouch, pronounced,
that the Scots queen was privy, Soc. and that Priest, and one that, the space five she had compassed and imagined the Death six years, had ranged through many parts
pass both the said articles the Statute and
whereof; first, was opened, That Bollard being Seminary
Commission. For declaration
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1213] STATE TRIALS, 28 Eliz. 1585–May Queen of Scots. [1214
the realm, disguised in apparel, and under sun dry several names, seducing the Queen's sub
continued for the space two years; and about quarter year before her remove from the earl Shrewsbury's keeping, left off, and
jects, and withdrawing them from their due
obedience, did go into France, in Lent last
past; and about a week after Easter, had con which he received from her short Letter ference in Paris with Charles Paget, Thomas cypher, boy unknown unto him, signifying Morgan, and Bernardino de Mendoza, the Spa her discontent for breach their intelligence,
nish Ambassador there, touching the invading of this realm, by foreign forces, rebellion to be stirred amongst her Majesty's subjects, and a strong party to be made to assist and join with the invaders, and the Scots queen to be deli vered. In which enterprize, Charles Paget af firmed, that there was no hope to prevail dur ing her Majesty's life. —Hereupon, Ballard was sent into England, by direction from Charles Paget, and Mendoza, to solicit and practise the execution of this their Complot. —He re
turned to London upon Whitsunday, being the 22d of May, and within four or five days
requiring the same renewed. And that she would send some packets unto him, which she had received from Thomas Morgan, April last before. —Ile doth also set down large what conference passed between Ballard and him, and the whole Plot the Conspira cies and Treasons. —He declareth further, that
did write letter the Scots queen, touch ing every particular this their Plot, and sent
the same unknown boy. —Unto which she answered, twenty thirty days after, the
same cypher, which wrote unto her, but another messenger; the tenor both which Letters carried well memory,
after, he conferred with Babington, and ac
quainted him with the whole Plot these
Treasons. —In this Conference, Babington and principal points the same, upon confer Ballard resolved, That foreign power and
invasion were vain, unless the Queen's Ma
their deserts, and the justice the law, they impart unto them the same Letter from the were attainted and accused. —After this Declara queen Scots; and likewise report sundry
tion thus made, the Proof against the Scots queen particularities the same, and Titchborne was entered into, and prosecuted, hereafter affirmeth farther, that he, Babington's re
followeth. -First, was read Confession made
by Babington, written all with his own hand,
and delivered the Lord Chancellor, Lord
Treasurer, and Mr. Vice Chamberlain, volum written Babington the Scots queen, tarily and frankly, before was committed
the Tower; wherein setteth down large, about four years past, being Paris, that
wherein these material and effectual parts were, and are noted. First, termed her his “dread sovereign lady and queen,' and acknowledged fidelity and obedience her only. —He signifieth unto her, that upon ad
did there grow acquainted with Thomas Mor gan, who brought him the bishop Glas
cow, ambassador ledger France for the quccn of Scots, and they both recommended their
inistress unto him, most wise and virtuous Catholic princess, declaring the certain expec
tation lier future greatness this land, reason the undoubted title this crown, next in succession. —And after his return
England, they, their Letters commended him her service; whereupon, she wrote unto him Letter congratulation. —A ster which he was solicited other letters from Morgan, to be an intelligencer for her, and convey her letters and packets. --This course service
vertisement the purpose
Ballard from beyond the seas, certain foreign powers in
discontinued the same until July last. At
that reported and set down fully the
jesty were taken away. Whereupon they con cluded, that six gentlemen should undertake the killing her Majesty, and that Savage, who before that time was solicited Rheims ex
ecute that wicked action alone, and thereupon had vowed perform that accordingly, and
was come into England for that purpose, should forbear attempt alone, and should one of the six and at the time of the execution
thereof, Babington, and certain others with him, should deliver the Scots queen. —These things, with many other material circumstances and parts their Treasons, were directly and voluntarily confessed, divers the principal Conspirators, both before and their Arraign ment, appears the Record; whereupon,
ence his said Declaration, with the copies the same Letters, appeareth. -He affirm
eth also, that shewed the letter queen Scots Titchborne, who did assist him the decyphering the same and that shewed copy thereof Ballard and others.
After the reading Babington's Declaration aforesaid, part Ballard's Examination was
likewise read, concurring with the same
wherein affirmeth, that Babington shewed
him copy the Letter which did write
the queen Scots; and also part the Let
ter which the Scots queen did write for answer him, the whole not being then decyphered;
and setteth down, very certainly, divers mate
rial points the same.
Titchborne and Dunne, their several Ex
aminations, also affirm that Babington did
quest, did write great part the same, Babington did decypher and read unto him.
After this was read copy the Letter
hath now staid purpose
vade this realm,
her sacred majesty one day's good ser
vice. —That communicated this his purpose such the friends best trusted and
saith, that upon conference with them,
hath found these things, first advised
this great and honourable action, upon the
issue whereof depended her life, and the weal
and honour our country.
First, for assuring the Invasion, sufficient
strength the invaders, ports appointed
of
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1215] STATE TRIALS, 28 Eliz. 1586–Proceedings against [1216
for the foreign princes to arrive at, with a out hold. —She deviseth, that after they had strong party at every place to join with them, amongst themselves taken their best resolution,
to warrant their landing. Then, the Deliver that then they should impart the same Men ance of the Scots queen, and the dispatching doza, and she promiseth write unto him
of the usurping competitor, the effecting where the matter, with all the earnest recommenda of he doth vow and protest, or else their lives tion she could and also any else that should to be lost in the execution thereof. --In all needful. —The affairs being thus prepared, these particular points, he prayeth her direc and forces readiness both without and tion, and for the avoiding of delay, that she by within the realm, she saith, that then shall her princely authority would enable such as time set the six gentlemen work may advance the affair; seeing that it is neces taking order, upon the accomplishing their sary, that some there be that become heads, design, that she should suddenly transported to lead the multitude, ever disposed by nature, from the place her restraint, and all their in this land, to follow the nobility : he offereth forces be the same time the field, and also, to recommend some unto her, fit, in his meet her, tarrying for the arrival the knowledge, to be her lieutenants in the West foreign aid, which must hastened with Parts, North Wales, and the countries of Lan diligence. —And for that there can be cer caster, Derby, and Stafford. —He promiseth tain day appointed for the accomplishing the that himself, with ten gentlemen, and 100 of said gentlemen's designment, she willeth, that their followers, would deliver her from her
keeper. —And for the dispatch of the Usurper (from the obedience of whom he saith, that by
the excommunication of her, they were made free), six noble gentlemen, his private friends,
others may readiness take her from thence; that the said gentlemen have always
about them (or the least the court), four stout men, with speedy horses, dispatch
method, and that her deliverance first, she might taken from the keeper before for that thereupon depended their only good, could hear the execution the said design,
divers ways, soon the said design should executed, bring intelligence those prayeth her, that her wisdom reduced which should undertake her deliverance, that
would undertake that tragical execution. —He
and other circumstances
the untimely beginning one, throw the rest. — [[e subscribeth
concur, that
not over “Your ma
the least, before could remove her any other place, fortify the place wherein she mained; and the same instant essay cut off the posts ordinary ways. -She giveth earnest warning not stir this side, before they
jesty's faithful subject, and sworn servant, AN THoNY BABIN Gron. ”
Then was read Copy the Scots queen's well assured foreign forces, nor take her Letter Babington, answer his, whereby away, before they were well assured, set her
she termeth him trusty and well-beloved she the midst good army, some very good commendeth his zeal and entire affection to strength, where she might safely stay for the
wards her; she accepteth and alloweth his assembly their forces, and arrival foreign offers she declareth, that she hath long time princes. —She referreth Babington assure dealt with foreign princes touching these ac the gentlemen above mentioned, all that
tions, always putting them mind how dau shall requisite her part, for the entire exe gerous their delays were the catholics. She cution their good will. —She promiseth
willeth him assure their principal friends, that albeit she had not this cause any particular interest, that which she may pretend, being
ready and most willing employ herein her willeth also, some stirring Ireland were la life, and that she hath, may ever look for boured, for begin some while before any
this world. —To ground substantially this thing were done here, the end that the alarm
hands, effect that, from thence, her enemies public good the state, she would always here may not prevail any succour. —She
consideration unto her, respect the
Enterprize, she adviseth examine deeply. What forces they could raise within the realm, and what captains appointed every shire, case chief general cannot had.
might given thereby, the flat contrary
side that the stroke should come. —That for
General, were good sound obscurely the
earl Arundel, some his brethren and
likewise seek upon the young earl Nor thumberland, liberty and the earl
Ofwhat towns, ports, and havens, they could
assure themselves, well the North West
and South, receive succours from the Low
countries, Spain and France. What places brought home secretly, and with them some
they esteemed most fit, and greatest advan tage, assemble their forces at, and which
way and whither march.
forces, well horse,
required, and for how long pay.
wision money and armour, case they set fire the barns and stables Chartley, wanted, they would ask. By what means the night-time, and when her guardian servants
the six gentlemen did deliberate proceed. should forth quench the fire, then the And the tuanner how she was be delivered others cnter and take her away. —Or
What foreign foot, they
very; viz. deliver her from her
essay, the same time that the work shall be hand these parts, make the catholics Scotland arise, and put her son into their
Westmorland, and the lord Paget, should be
more the principal banished men should re turn. —She directeth three means for her deli
keeper when she was riding take air on the What pro moors between Chartley and Stafford. —Or
7.
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1217] STATE TRIALS, 2s Eliz. 1586–Mary Queen of Scots. [121s
cause some of the carts, which came with pro- so made the Answer unto the same; and the vision very early, to be overturned in the great Alphabet of the sane Cypher being found gates, by practice with the cart drivers, so that amongst Papers, and shewed to Babington, he the gates could not be shut, and then those acknowledged and thereupon subscribed his which were appointed for her delivery, to enter name the same, appeared. —Also, the
the house upon the sudden, and to take her
away. —Finally, she requireth, for God's sake,
that albeit they cannot compass her delivery,
yet notwithstanding they should not pro
cced the rest the enterprize. —She con his Treasons, but hoped then, within short time, cludeth, what issue soever the matter taketh,
she will think herself obliged Babington
long she liveth, for lils offer hazard himself (as doth) for her delivery.
Both these copies the two several before borne, and Dunne, after their apprehension,
men ioned Letters, were advisedly perused Babington, and thereupon did voluntarily contess the same the true Copies his Letter the Scots queen, and her Answer
and their constant persisting the same, be fore and after the time their Arraignment, and till their death, without retracting any part
thereof, enforceth greatly the credit the same. —And there likelihood probabi
the same, and for affirmation thereof,
b×c, bet his name every page both the lity that Babington, any one, would
him
said copies with his own hand. doing self devise and impute others, matter
whereot, was circumspect and careful, that finding two three words mistaken the writing the Copy the Letters, struck out the same, before he did subscribe
great importance and extreme danger.
Then was added further, that besides the
matters before mentioned, was manifest,
imparting the same Letter Babington Titchborne, who did help decypher part
and Ballard, Dunne, and others, when he was liberty, and feared not the discovery
bring the same his desired effect, stronger proof the same Letters. -Iłesides the voluntary Declarations and Confessions
the same Letters Babington, Ballard, Titch
such Letter him, his conspiracies, compass, imagine,
that she was privy same Copies subscribed them. And that she did ever practise, Nau setteth down writing with his own hand,
was privy any thing the 6th September, that the Scots queen did
commonly hold this course, receiving and writing letters secrecy and importance, viz. That all letters written her, were opened
her cabinet, her own presence, and de cyphered her own commandument; and such
the Destruction her majesty, the hurt her person; confessing nevertheless, that she had used Babington intelligencer for her, and for the conveying letters and
packets. -And she added further, that she was not charged, but either her word,
by her writing, and she was sure they had neither the one nor the other lay against her.
After which Answer her made, divers other natters were alledged, and shewed forth, prove that she did receive the same Let
letters she did write either write the same
others, she did first French with her own Nau write the
well the Declarations and Confessions
her Nau and Curle, her servants and secretaries,
Hereupon was urged and inferred
majesty's learned Council, that Babington's subscribed with their own hands, without tor Letter came the Scots queen's hands, then ture constraint, and their voluntary oaths
was apparent that she was privy the Con verifying the same, that the Scots queen did spiracy for the taking away her majesty's receive the same Letter from Babington, and life. And likewise she did write unto Ba caused the same decyphered, and after
bington such effect, his Declaration advice, reading, and consideration thereof, written with his own hand, and the same caused the said answer be written Ba copy recognized and subscribed him, con bington her name. —And for proof thereof, tained, then cannot be avoided, but that she was alledged, that the Copies the same did not only composs and imagine, but did Letters being shewed some the lords also practise, the destruction her highness, the council, Nau and Culle, they, upon and was directly within both the parts reading and perusing thereof, subscribed their the commission and statute. names thereunto, afirming the same, and ac
Hereunto the Scots queen, after her Protes knowledging that the Scots queen received the tation, answered, that she never saw nor knew same from Babington, and thereupon she did Babington and denied that she received any give direction for the writing the other unto such Letter from him, that she wrote any him: which was verified, shewing forth the
her, read unto her, they were written English, then did Curle translate them out ters from Babington, and did also write An French into English, and did estsoons read
swer unto him, the before-mentioned Copies did purport; with farther proof, hereafter followeth :—First, was inferred, that since both the Letters were written the cypher used between the Scots queen and Babington, and all the points Babington's Letter directly
them unto her, the same being translated which being done, Curle did put the same cypher, and they were sent away. He at firmeth farther liis said Declaration, That
the Scots queen gave direction for the writing the said Letter Babington, and that
and effectually answered the other, can the writing thereof, the course aforesaid was
Inot be, but that she received his Lotter, and holden. WOL.
hand, give direction
same; after which, the same being perused
4 I
or or
or by
by
by
to as
it
In
it. hein he by so
in
by ofan of
of
of
if
to to
to to it
st to
to of so he as in I. be to to
as
ofit or
orsotoof
or to of of ofin in
it
to it, at
so
in inso
to
of
so
be
in in; by
of
of ofas so
is ofaofofto
if in to
to
be
byto by to
orno or
of
as it
to to
as of by
in
it
to to of
to
it
to it
of
ofor or
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if
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; he
in
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or to
let is by of to
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to
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it
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-*
1219) STATE TRIALS, Eliz. 1586–I'roceedings against [1220
There was also shewed forth a Paper written This Examination of Nau was first set down by Nau, containing short Minutes and Notes English, according delivered
of the principal points of Babington's Letter, speech, and being read unto him, he did sub and of the Scots queen's Letter to Babington, scribe his name unto the same, and after, upon which was found amongst her Papers at Chart perusal and further consideration thereof,
ley, which being shewed unto Nau by some of did set down French with his own hand -
the lords of the council, he upon sight thereof substance thereof.
confessed it to be his own hand, saying, that Curle being likewise examined before the upon reading Babington's letter to the Scots said lords, the said 21st Sept. , saith, hat
queen, and her direction given for the an decyphered Babington's Letter the Scots swering of the same, he did set down the same queen, and then the same was read unto her Notes, to serve as a memorial for him, for the Nau, whereupon she directed Nau draw writing of other letters; and this his Confes Answer unto the same, which he drew sion, in that behalf, did he subscribe in the French, and read unto her; which being same paper, with his own hand, in presence of done, Curle put into English by her con
the said lords, and put his name thereunto ; and after, in another Examination, affirmeth the same.
mandment, and after, read unto Nau, and then, her commandment, Curle put into cypher. —He saith, That the salue her Letter
in this Paper, amongst other points, is con Babington had these parts, viz. What forces tained Le Coup, which car hardly be construed may raised here; what havens and ports to be ineant otherwise, than the biow or stroke provided; what place fittest for the forces for killing of her majesty, being written upon assemble; what foreign forces they required:
some occasion, and to such end, as Nau hath declared, as is aforesaid.
Also, Curle per using an abstract of the prim
cipal points of both the said Letters, did confess
and affirm the same, and thereupon, before the said lords, did with his own hand subscribe his
said affirmation, and put his name thereunto. The same poists were put into French by
Nau, and written with his own hand, and him likewise confessed to be the inatters con
what provision, money, and armour, they would ask what means the six gentlemen meant
proceed, and how they meant deliver her out of hold. And that the same letter con
tained clause also, that the six gentlemen should have four stout men, well horsed, give advertisement soon the desigument should be executed; and contained three means, for her delivery out bold; and had
also device for Association be pretended tained the same Letters, and thereupon also against the Puritans. He saith also, she willed he did subscribe his name the same. him burn the English Copy the Letters
Besides, Nau being examined before the sent Babington.
lords aforesaid, the 21st Sept. , touching the These Examinations of Nau and Curle were
said Letters, said that Curle did decypher Ba bington's Letter the Scots queen, and after (the said Nau) did read unto her, and she
resolved make answer unto the same,
And saith further, That took the points contained the Scots queen's Letter Ba hington, her own mouth, from point point,
subscribed with their own hands, and al firmed upon their oaths, voluntarily taken
means the gentlemen meant the manner how she was
hold.
proceed; and delivered out
hension, torture, fear hope favour, might make them.
-
After these Proof, thus produced and shewed, was alleged further, That the Scots queen had
judges,
the said lords and judges did openly alarm.
before the lords and
and some
All these Confessions and Declarations, Exa minations and Subscriptions, Nau and Cutle, put writing; were verified the oath Mir. Thomas
the same manner
whereupon did draw the Letter French, and after brought unto her, and she corrected
such sort was sent Babington. And saith, that the Scots queen delivered unto him her own speech, these points following, for Answer Babington's Letter, upon consi.
deration the sauce Letter from Babington,
wherein the same points were contained, viz.
What forces were had here, what havens
and ports, what places frtest the forces
assemble; what foreign forces they required; honest men; but she did not know what appre what provision, money, and armour; what
He saith also, that the clause
tion upon pretence withstand the Puritans, negociation France, from the agents France, was devised the Scots queen herself, and was and with what direction, and for what purpose
her direction put into the said Letter; and likewise, the other clause that the six gentle men should have some stout men well horsed,
give speedy intelligence when the design inent should be executed.
was sent from thence into England, but had also the like intelligence out France, from
her agents there.
And thereupon was shewed forth Copy
Letter written the Scots queen Charles
the Associa
not only intelligence Babington Ballard's
Powell, Clerk the Crown, who was present when they did write and depose the same, and being shewed the Scots queen, she confessed
the same albeit, name
be the hands of Nau and Curie she said, Nau had not written his did usually accustom sign; but
she denied earnestly, that she did ever receive the saune Letter from Babington, write the other unto him, whatsoever Nau and Curle had said deposed, saving she did take them
to
of by
an
it it
to soby .
it in
he
a he it in
to
in
of ofto bysix ofhein
to
of
to
for
to
in in
by
or
as he
to be
as he
it he
to
of
to
by
in
as as he
a
be
by
by
to to
28
or
to to
a
; by
to be
as it it
to
all of
of
byainofor so
of
of
of
of to
to
be :
it t
to
to
to toI
in by
in
to to
in
ofof
of as
it
so
it
to toto inanbyheheby
1221] STATE TRIALS, 28 Eliz. 1586–May 2ween of Scots. [1222
Paget 26th was decyphered him some
May 1586, stilo novo, which rence that which Charles Paget wrote, but
Curle, and being shewed the lords, the 25th Sept.
more particularly asking her direction for the execution the whole, aud that she made them very ample dispatch, containing the device,
confessed the same, well speech,
own voluntary subscription, and putting
name there unto. Whereby “harles Paget did this side, without the realm, bring - their
signify what conference Ballard had with him and Mendoza; and what Plot they had levied
the invasion the realm, and stirring re bellion; and what directions Mendoza had
given unto Ballard.
was also alleged, That after the Scots
queen had received the said Letter from Ba bington, and had written Answer, point for point, the saine, and given direction, touch
ing the whole Plot, oromising withal write Mendoza, and any else that should need ful, she did, accordingly, the 27th July, make dispatch five several letters, touching the
designinent good elect.
That she directed them, that for losing no
time, having taken resolution anongst them,
upon her dispatch, they would make haste impart the same Mendoza, sending over therewith, either the said Ballard, some
other the most faithful and secret they could find. That she prol. iised write Mendoza,
she did presently, give credit the said: messenger. that the pope and king
Spain had even intention provide for the isle, the occasion presently offered, very ad
vantageous, finding the catholics therein same action, viz. three into France, one universally disposed and forward, there
Mendoza, another Charles Paget, and the more ado keep them back, than put then third the bishop Glascow; and two into forward. —That for all difficulties which Men
Spain, one the lord Paget, and another sir Francis Inglefield.
She wrote Mendoza, that she was dis
couraged from entering into any new pursuits,
seeing the Sinall effect those times past,
that she shut her eyes divers overtures and propositions that were made unto her the
Catholics within months past, having
means give then sound answer. —But upon
thitt, which late again she understood the
good intention the king Spain towards king Spain, for the accompli-hment that these quarrels, she had written very amply which required them. — That she would the principal the said Catholics, upon de have sent Paget, copy her dispateh
sign which she sent, with her advice upon every the catholics, were not that she sure, that, point, resolve among-t themselves, for the the messenger, should know more execution thereof; and for fear loss time, thereof than she can write, being carry she gave them order dispatch unto Mendoza, into those parts the resolution the whole, with diligence, one from among them, suf and for the same respect she referred the lord
point point, things requisite, well
doza could all dge, for getting her forth
hold, otherwise, should thereof suffici
ently cleared and satisfied. —That rest, only pursue, hotly can be, both Rome and Spain, the grant support requi site, horsemen, footmen, arms, ammunition, and money. —That her opinion and that
ficiently instructed treat with him, according the general propositions which have been already inade unto him, things which they were to demand of him that affair with the king his master. —Further, she answereth him on their behalf, upon their faith and word given unto her, That they would faithfully and sin
Paget thereof informed Charles Paget. She thanketh him for the sixty crowns
gave Ballard, protnising make him re
imbursed the same, the ambassador. — She requireth know how hath proceeded with the lord Claude, the matter where of she wrote unto him not long since, which being
cerely accomplish, with the hazard their lives, well effected, should well concur with the enter
that which they should promise their deputy, prize here.
and therefore prayeth Mendoza give cre Two original draughts of this Letter were
dit therein, herself had dispatched him. — shewed forth, one French, written Nau, She saith further, that she would inform Men the other English, written Curle, which
they confessed their subscriptions, and affirmed their oaths, before some the lords, Mr. Thomas Powell did then depose.
She did write the lord Paget, that she doubted not, but had understood his
doza with the means
would take upon her
hand she may assured
receive and preserve her within the land, whilst all the armies may assemble.
her escape, which she perform, afore
sufficient forces
The original draught this Letter written brother, the overture which deputy for the French Nau, and him subscribed and catholics this realm, had made on their be contessed, was shewed the Scots queen, which half Mendoza whereupon, not long since
she confessed his hand, but said, was she wrote very amply the principal the nothing ihis matter. —l here also Copy catholics, for have, upon plot which she of the some English, Nau's hand, and had dressed for them, their common resolu su! scribed and signed him. tion and for treat accordingly with the
She did write unto Charles Paget, That, upon king Spain, she addressed them the lord return of Ballard, the principal the Catholics Paget. -
did impart unto her, their intention and confe She requireth him consider deeply the
she hath written the catholics, that nothing stirred this side, before they have suffici
ent promise and assurance the pope and
of
is ait
to by so of
of
in
allof
of
;
to
is of of to or by inbyinofbetoontoso toas
to by be
It alltotototo by
to byof to of of
by
of of in
to of
into
to bybe as
hishishe to |
as all
of a of by so tono to
be
as by
to
of the intobeif ofup to of
as
of to to six
to to all
ofto
to to
toto Soin
to: by
toso
is
to
in
it a of
to
all
as
to
he
toto inhe
he as be
all
if to
to
it
as
to to
a
to
a
by
of by of by
by
he to by he of of
to
of
of byof as
of
by
ofas
he tosointhofisoftoon
of is
to of
is,
to or as
to
of
to
for
of
a
of
1223
STATE TRIALS, 28 Eliz. 1586. —Proceedings against [1224
said Plot, and
for the execution
porting men, armour, munition and money
taining also sundry other matters, not pertinent this accord, was not read, but the first draught French written Nau, and him confessed and subscribed before the lords, was the king Spain. She requireth solicit only sliewed forth, for the verifying the
the matter there, and enter betime, because same.
all negociations that court are drawn After that, the original draughts these
great length.
This was also first drawn
Letters Nan, shewed
Mendoza, and Charles Paget, were the Scots queen, and were confessed the hand-writing Nau and
the particularities necessary it; namely, for the sup
which must obtained the pope, and
and after put into English
the original draughts their own hands were shewed forth, which they had confessed and subscribed before the lords, and affirined the same their oaths,
also depose.
her,
French
Curle, and both
Mr. Thomas Powell did
Curle she refused see the draught sun
dry other Letters hereafter mentioned, which were likewise offered be shewed unto her,
saying, She cared not whether the same were written them not, and acknowledging withal, that about that tute she made several dispatches, such effects these Letters did
Francis Inglefield, Spain, for the 12,000
She did write
give thanks the king
crowns; assuring him, that the same should purport, which was, concerning aid pro
employed none other use, but the ac cured for her delivery, saying, that the same complishment her escape. —That she feareth was nothing touching the matter wherewith she the bruit which runneth, peace between was charged.
the king Spain and this queen, shall retire Hereupon was urged, that this Letter many pursue the designment enter concurring directly, matter and circum prize new dressed here. —That the principal stances, with Babington's Letter her, and catholics England having, about Easter last, her Answer the same, did prove evidently made their complot together rise Leices that she received the one, and did write the ter's absence (myself not having wherewirh other, and was privy, and compasser and
give them substantial answer), sent one from practiser the design the Death her ma
Charles Paget, who made jesty, and this behalf these particularities declare their designment were specially voted.
know his master the king She write Mendoza, Charles Paget, and Spain would hearken thereunto. —Where the rest, That the Catholics did signify unto her
upon good hope being brought back again
unto them, they signified unto her, and find
ing the same manner confirmed Ingle
field's letter; she made them very ample
dispatch, which, upon plot which she had
dressed for then, she gave then her advice,
point point, everything necessary for the
execution thereof, and reinitting them take
resolution the roupon. —That for lose no
time, without, sending again unto her, they That upon the return Ballard, the principal should dispatch, with diligence, some one the Catholics had imparted unto her their their names, chosen, faithful, and sufficiently intentions, conformable that which Charles instructed, Mendoza. --To impart unto him Paget wrote unto her; but more particularly particularly the plot their enterprize, and
amongst them their messenger
Mendoza,
require such support necessary men
foot and horse, also armour, ammunition,
and money which things, before they had particularities the plot, more than are con sufficient promise and assurance, not stir
this side. —That she had cleared the greatest
difficulty, which has always been objected
the like enterprize, viz. her escape out hold, which she did write Mendoza, Charles Paget, and she hope execute the same assuredly, &c. she writeth, That she had given such d
they shall design it.
—That, peace rection; and accordingly Ballard was prepared inade France, her cousin Guise, having and ready have taken that journey,
already great forces, may employ the same had not been prevented his apprehension,
hire, sudden, before the queen aware. Of this Letter there was also shewed for the
two original draughts, one written French
confessed Ballard, Babington, and Savage.
She writeth Charles Paget, &c. that the difficulty which hath been objected, touching
Nau, the other English Curle which
they had likewise contessed and subscribed be her delivery out hold, cleared, and that she
fore the lords, and confirmed their oaths, Mr. Powell deposed.
She did write another Letter the bishop Glascow, which, for that, these points,
did substance concur with the former, con
have executed assuredly, accord her designment
accordingly, Babington's Letter her, and her answer the same, the manner and means her escape set down large.
their intentions, and that she made then ample Dispatch, giving her advice upon every point, point point, upon conference together
write
Mendoza, and others, and those
Babington's Letter her, with her Answer the same; this appeareth true, for
his, she hath intelligence their plot and intention, and the other she giveth her di rection and advice, point point.
tained
Paget's Letter.
her Letter Babington, she promiseth
hopeth ing
And
her Letter Charles Paget, she writeth,
upon conference Babington's Letter with that Charles Paget the 29th May, appeareth, that Babington settetii down sundry
in
ofto by
of
to
of
by as
ofto
be
toin
is is
or to
by as by
to
of
by th on so to it to
by
to to to be
in
it of
to
to
of
by
to
in
toto
to
of sir as
inbyby of
to a
in
at
to he to
on in a
by all :tobyas to
of
by to by
of to
oftoofto ofin to
if
th to
of
of to
is a of by of
fe in on onto in
to
to
it as
to is In In
byto of
to
as
of
by
to in of
;
of in
of to to of
be of ofofby
as
ofas of all
in
in
to
to if a of
;inbe
of
to of
to
by
by to
to of:
a to in
an to
it
an
of to be
a
if
of
to
a of of
of
be all in of
1225] STATE TRIALS, 2s Eliz. 1586. —Mary Queen of Scots. [1226
In her Letter to Charles Paget, she saith, assureth himself Scotland, either serve She hath written to the Catholics, that no stirr him, bridled, not serve his
enemy. —That she will travel means, make her son enter into the enterprize, or, cannot persuaded thereunto, then she
will dress secret league and bond amongst the Catholic lords that country, join with the king Spain. —That she will make her son
thence. - death, himself, being Catholic, shall desire,
And accordingly, in her Letter to Babington, without that ever the king Spain should pre she writeth, That she would essay, at the time tend attempt any thing the prejudice
ing shall be on this side, before they have sufficient promise aud assurance for the accom plishment of that which is required of the pope
and king of Spain : and in this her Letter of
-answer to Babington, it appeareth, that she did write to that effect.
In her Letter to sir Francis Inglefield, she
delivered into the hands the pope, writeth, That for Scotland, she is about to king Spain, with paction set him liberty practise that her enemies may have no succour whensoever she shall devise, after their
that the work should be in band in these parts,
to make the Catholics of Scotland to arise,
and put her son in their hands, to the effect
that from thence her enemies may not prevail absence her son, and for that purpose of any succours; and withal willeth, that some named the lord Claude Hambleton, alias Ha stirring in Ireland were labourcq for, to begin milton. —That she should write the lord some while before, to the end the alarm may be Claude procure him draw the Catholic given on the flat contrary side that the stroke lords Scotland, the king Spain's should come. devotion. That, after answer received from
Both which her devices have not failed of the king Spain, conformable this design, their success, for there have been stirs and then Charles Paget write plainly the lord troubles both in Scotland and Ireland, the latter Claude, that hath charge from her deal end of this summer. with the lord Claude this matter, shewing
And where the Scots queen confessed, That that needful seize her son's person,
she had written to procure Invasion and Re cannot willingly drawn this enterprize, bellion, and seemed to justify the same as law and that the next way were deliver him ful, for to obtain thereby her delivery, it was the pope the king Spain. —That Charles said, that being within the realm, and pro Paget should indirectly put the lord Claude tected by the laws, and so subject to the same, hope, that she will make him declared she might not use those means to compass her lawful heir the crown Scotland, her son delivery, whereby the queen's life was appa failing without children, and that she will pro rently sought; for invasion and destruction of cure the Catholic princes Christendom
her majesty are so linked together, that they condescend thereunto. —She chargeth him not cannot be single ; for if the invader should communicate these things any, either prevail, no doubt they would not suffer her English, French, Scottish, and pray majesty to continue neither government nor Mendoza, and the lord Claude, the
her life ; and in case of rebellion, the same like.
reason holdeth. - The Letter was first drawn French Nau,
It was further alledged, That, besides these and then translated English, and after put several Letters before mentioned, she did, about into cypher Curle, and extract the the time that these things were in hand, write principal points thereof, was confessed and divers letters to sundry other persons beyond subscribed before some of the lords the 25th the seas, wherein she taketh herself to be the Sept. which was openly read and shewed sovereign of this realm, containing sundry forth. Letter,
her son (if yield him Catholic), the suc cession that crown. —That Regent should
established Scotland, govern the
which the reign the queen's majesty, as to the whole state Scots queen wrote Mendoza, the same 20th
matters very dangerous as well to our sove Then was read another
of this realm. By which her intentions, in the
matters wherewith she now charged, may
May, concurring with the former Charles Paget, wherein she writeth, That Charles Paget had large Commission from her,
the better appear.
The 20th May 1586, she did write impart Mendoza certain overtures on her
Charles Paget practise with the Spanish Am behalf-That there was another point de bassador France, stir the king Spain pending thereupon, which she had reserved
invade the realm, and take revenge on write Mendoza himself, sent the the queen's majesty. —That the surest and rea king his master, her behalf; man else, diest way rid himself altogether from this were possible, being privy thereunto, viz. queen's malice, purging the spring the That considering her son's obstimacy heresy, malign humours. --That this long patience, and foreseeing the imminent dangcr like
hath not prevailed any thing, and that there ensue the Catholic church, succeeding
set again the king this crown she resolved, case her son the Low countries, and were not reclaimed the Catholic religion,
other parts, than re she had title give and grant her right establishing this realm under prince his friend the king Spain, succession this crown, —That deliberate, set this queen, her last will and testament, praying him
other means Spain's affairs
assure his estate
if he
to
in
to of
all to
to by
to
is
up in
by
to
he
to of
to
,
a
of
or
in
of
is he no
. . . to
in in is,
by as in if it
of
of
to
in to he
be to
if
to to
to
oftoofof ofato
to
in on to
in
to
of in be atto
in be
of he no to
to
to be to to in to allto
to
of
toto
of
it
; a by toorbe he be
in or an in
tototo
to to
of
toa to
of to as orof by
in byto ofatto to ofdo to in
to to to to to to in if of . or to
be he
is of or of or
he
beto so ofof
1227J STATE TRIALS, 28 Eliz. 1586. -Proseedings against Mary 2ween of Scots. [12
take into his protection, both her, and the state and put effect much she should com and affairs of this realin. —She willeth this to mand, and should his power.
be secret; forasmuch, if it should be revealed, Also, the Scots queen did write Dr. Lewis,
it should be in France, the loss of her dowry; ult. Apiil 1586, wherein she willeth him in in Scotland, the clear breach of her son ; part her congratulations the new elected and in this country, her total ruin and destruc pope, and her affection towards him, chiefly for tion. that she understandeth his resolution bent,
* . This Letter was first written in French by follow, near can, the traces and icot the Scots queen's own hand, and then trans steps good pope Pius whose unemory lated into English, and put into cypher by she beareth singular reverence, for the singu Curle, as he confessed and subscribed the same lar compassion had her present state, and the 25th of Sept. last. his endeavour which he did manifest to relieve
Upon reading of these Letters, it was noted, -her.
That the Scots queen's intention was, to sub Whereupon, noted, that her imagi ject this crown and realm to the king of Spain, nations against the queen's person and state, to the utter ruin and destruction, both of the since she exciteth the pope follow the steps queen's majesty, and of the antient nobility, Pius who published the bull excommu
which purpose appeareth generally holden nication against her majesty, and thereby de
the English fugitives and traitors beyond the nounced her lawful queen, and dis seas, Babington and Savage set down charged her subjects their obedience and their several Confessions and Declarations allegiance; out which root hath sprung
procure the king the traitorous practices that have since been confirmed attempted against her highness's person.
and that their intention
Spain title this realm,
and invested the pope, jections against And
remembered, that the original draughts these Letters, saving that only which she After this was read, another Letter written wrote Babington, which, Curle atirimeth, the Scots queen, Dr. Allen, the 5th she commanded be burned, before men
Feb. wherein writeth unto her, Madam, tioned, were found amongst her i'apers
my good sovereign, for our resolution out Chartley and put chest, sealed up John Spain, the whole execution committed the Manners, esq. ; Walter Ashton, knight, and prince of Parma. ' That father Parsons, Owen, Richard Bagot, esq. ; which was first opened and himself did bring the king's determination and unsealed, and the same draught taken out,
Dr. Allen and Parsons staid longer Rome, to solicit the same.
take away ob Babington saith,
And for the verifying these Letters before mentioned, written the Scots queen
the prince, who seemed glad they, that certain the lords and others her na
might have the effectuating it; and gave jesty's Privy Council.
great sign strait upon the recovery After, on the 24th Oct. the Lords and Antwerp, but harped still upon this string, other Commissioners being assembled tie
that she should money, some means, put herself out oftheir hands.
Star Chamber Westminster, confer the said matters, and touching their Sentence, Nau and Curle were brought personally before them; and the Papers, Letters, and Writings, which they had before confessed and subscribed, and
Then was read the Scots queen's Letter
Dr. Allen the 20th May 1586, wherein she
called him “Reverend Father,’ and saith, “they
have overslipped many good occasions and afirmed their oaths, aforesaid, teii wisheth, that they should not withal omit this then and there likewise shewed unto them, they new offer, pinching near this queen. did then estsoons voluntarily acknowledge and
so im the title
Upon these Letters were inferred, that Dr. affirm all that true, which they had before Allen did acknowledge her his Sovereign, confessed and subscribed, and that they had and the queen this realm present confessed and subscribed the same, oriy
and she accepting the same, gave respect the truth, frankly and voluntarily,
Whereus. to she an
bishop.
swered,That though Dr. Allen, and divers other
threatening. And the said Curle did then also further as
foreign princes, and the Catholics this realin
did take her, yet she could not withal; did write the Scots queen, the draughts
but for herself, she did not claim so.
also be noted, that the resolution which was put execution the prince
Parma, and which the Scots queen was careful should not overslipt, cannot thought other but matter great peril
her majesty's person and this state. And
may also gathered Letter written the
her Answer the same, were both burned her command.
He said also, after the decyphering the said Letter written Babington, and the read ing thereof the Scots queen, admonished her the danger those actions, and per suaded her not deal therein, nor make any answer thereunto: and she thereupon said she would answer bidding him that which he hlion. commanded, and which appertained unto
prince Parma
Jan. 1586, where great secret,
the Scots queen the 12th writeth, that touching the
would keep becometh,
without any torture, constraint,
firm, that well the Letter which Babington
it,
to be
or as is of
asto to be to
of
is to
so to be
as
as of it
by to of bedo
as
be
be
be
a
by
is, toall
of It heto
to of
by
to
he betoof do by
to
heto a by it, he bybein of of by
it. to
in
“
at
by :’ to so
all
of ittobeso of
to
of
of of
:in
it,to
to be
at
to it he as be is he
to to ofby
of
a
so so
by
allbe
of 5,
toasof by
to
of as
as
of
do toas
he or is of to
to of
;
sirin
a by no to
of ofat by it to is
at of in g at ofto all to
to
of
of of be of
beas in
5, to as as is as to of
be
to
1229] STATE TRIALS, 30 Eliz. 1587. —Arraignment of Mr. Davison.
[1230
65. The Arraignment of W. M. DAviso N (Secretary of State to Queen Elizabeth) in the Star-Chamber, for Misprision and Contempt: 30 ELIz. March 28, A. D. 1587. [MS. Caius Coll. Camb. Class A. 1090, 8, p. 267. MS. in the Bodleian Libr. sub. tit. Juridici, 7,843. S62, p. 235. ]
Before Christopher Wraye, Chief Justice ty's sacred person were contrived, most false England, who for the time sate Lord rumour that the Scotish queen was escaped, Privy-Seal; the archbishops Canterbury spread abroad, and bruited that foreigners
and York; the earls Worcester, Cumber were landed for invasion; which, for pre
land, and Lincoln the lords Grey, Lumley; servation the Scotish queen, and prejudice James Croft, the comptroller; Gilbert ours. Upon these considerations, her ma
Gerrard, Master
against Mr. Davison, late one her majes signed, she left with Mr. Davison carry ‘ty's Secretaries, and one her Privy-Coun the great seal, have readiness afore
cil, virtue Commission them said. And he, after the sealing, and without
Chief Justice mund Anderson;
the Rolls; the Lord jesty assented sign the Warrant for her Exe the Common Pleas, Ed cution, whom such tumults were raised
Roger Manwood, the Lord Chief Baron; and Walter Mildmay, the Chancellor the Exchequer; For hear
notwithstanding, being moved mercy her great wisdom, she thought necessary have readiness, any attempt should begun, ing matter Misprision and Contempt and yet not haste execute the same this
directed
WHEREUPON Mr. Popham, queen's Attorney-General, spake form following: My Lords, am inform your lordships her majesty's behalf, certain great and grievous Contempt and Misprision against Mr. Davison, there prisoner the bar, late one
her majesty's commandment, presented tinto the lords without her privity, contemptuously. Notwithstanding, upon the delivery thereof him, her majesty bid him use secrecy. And upon question made
said, she held that course still and upon farther question made, said her majesty would not farther troubled sundry practices committed the Scotish with that matter. Whereupon the lords seeing
her majesty's secretaries. The manifold and
queen are not unknown unto your honours, impediment, dispatched the Execution, which were offences the highest degree, and wherein Mr. Davison did break the secrecy required looked unto with speed. her majesty reposed him, delivering well known unto your lordships also that there unto the lords, and dealt very contemptuously upon, earnest intreaty and intercession, not naking her privy, knowing her mind
her majesty length condescended that the the contrary. For her majesty sent Mr. matter should heard and decided according Killegrew unto him, commanding him,
unto law. Whereupon, were those honourable were not sealed already, should not seal proceedings had Fotheringhay. But the ed; and after, when told her majesty residence which belonged thereunto, to-wit, was sealed already, she asked him what haste the Execution, her majesty politicly neither This act done him, being but par consented unto, nor denied, esteeming cle ticular counsellor, her majesty doth take
mency the former, nor wisdom the latter. Which course, she held from the 25th Oct. all Nov. , Dec. and Jan. During which time, most horrible conspiracies against her majes
matter hich indignity and abuse her counsellors, and thing the greatest mo
ment that ever happened since her reign, since which time never any counsellor mat ters far less importance proceeded without
Queen Elizabeth undertook make the
her resolution privity which thing she
public believe that the execution (of the Queen leaves your honours consideration for pu Scots) was done against her will, and with nishment thereof.
out her knowledge; the way she went work Davison, with comtly countenance, re was thus: Davison was the instrument she plenished with gravity, fine deliverance made use without his knowing any thing speech, but voice soinewbat low (which
the matter, act this sort Comedy. lit
excused late sickness) discreetly answered sort ensuing —My Lords, am right sorry, that an action of this nature, for the honoura ble Proceedings against the Scotish queen, might drawn into the snare, and made ac than which never was any thing more honour
tle before the Queen Scots' sentence he was made Secretary State; and very likely he was put into that post purpose, that
countable for Mary's death. Rapin, vol. able, should after the full and laudable per (Oct. Edit. ) pages 105,106. See also pages formance thereof called into question. 109, 110, 111, 112, 113, for more particulars Again, my lords, am most sorry that her of this affair. gracious highness should conceive such high
majesty continued the Scotish queen,
the lords whether her that mind for execution
.
an
in ahe
itastobeto
: by
I
be
a in or a
in
be
in by to
by
of a
sir
on
of
of
sir
A ix. he of
no
It
is ofin
in
bein to
no of
so it in
of
to of,
at be
I
*.
a I
he
heof
ofit if
a it it to it
to
:
of
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of
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;
of
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it
is to in
by
of the
of
to
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to
sir
as
of
to of
by so ;
by to if to
of
a by
: of he it
in in
in
he by
to it
be
in it
all to
at
of
a in
1231] STATE TRIALS, 30 Eliz. 15 87. —Arraignment of Mr. Davison, [1232
displeasure against me, as to trouble your ho To which Mr. Davison said, confess it; nours with one at this present. But as in and the Solicitor replied, Why then that was
mine actions heretofore,
have been most caution not to do without her consent: so
her majesty's com
your honours
faithful and forward
mandments; this,
vour, me bear the testimony my con
science, that have done nothing either wit
tingly willingly, but became honest
man. And therefore, first, that delivered
unto the lords without her commandinent,
against her commandment, let lawful for wittingly willingly, protest did not. me with vour honours leave protest the con And notwithstanding she sent Mr. Killegrew trary. —To that the Attorney answered, said
not that you delivered unto the lords against
her commandment, but that you knowing her
mind contrary it. —Davison that
replied, Well, then, desire have the proofs:
whereupon the Solicitor-General read his Exa
mination, wherein the sixth point sayeth,
That alter the signing and sealing made her move me think was her majesty's 1. . . eaning, not privy the sending down. —Mr. Davison were sundry and divers: first, the honour and
that answered; My good lords, the Warrant justice the cause: next, knew advertise for the execution was signed and sealed her ment from beyond the seas her majesty's majesty's express commandment; which being imminent dangers. Also was privy the so, take be irrevocable law. Where Proceedings Fotheringhay. was not igno upon, the advice the lords was sent rant the doings Parliament. Last all, down, she not being privy sending down, the rumour Invasion, the cries and tumults wherein thought dealt beseemed me: the realm, which moved me, having no ex for writs of execution do not use come press commandment the contrary, do
her majesty. That was forward, thought did. —When had said this, Mr. Solicitor read my duty, and for other reason protest; his Examination, where the second saith,
for never had any private grudge hatred When her majesty bade him use secrecy, against the Queen Scots, but respect said he would be as careful and secret as should
my country and common-weal. The Warrant need: the third, confesseth Mr. Killegrew
notwithstanding your intention was good, was foul error. Whereto Davison rejoined, She my most gracious sovereign, good mistress unto me ever any servant had, and what have had her hands, hope there fore, my lords think me not unwise
fend her, unless oversight; but that did
that should not sealed, were not
sealed already: yet proves not but that she had mind do when was sealed. She
said unto me, What haste? where answer ed, had done her majesty's command ment, and that such thing inight not dal lied withal. Now, my lords, the reasons
presented came unto him, telling him, were not and when presented my Lord Admiral sealed already should not sealed. To the will witness was sent for. The place held, seventh, after the Warrant was sealed, her ma
protested never sought for: pleased her jesty asked him, What haste? Whereto Davi
rested with me six weeks before
son answered, Though her majesty commanded
secret, and told the council
thought
confess said some lords, took be cellor must needs know forasmuch
her majesty's pleasure proceed therein, and must seal And her majesty made my Lord
appeal her majesty's own conscience Admiral privy thereunto; why then might had not cause think But she my most not make known to some others that were
gracious sovereign not my duty say, chief counsellors? To that said Mr. Attorney, she gainsay will not stand contestation Though Mr. Walsingham should know yet with her, for bescents me not, and therefore was not general. Mr. Davison answered, Nei
majesty for some gracious opinion nue Fo me thereunto. In which am assured
me keep how can
error,
ave not committed any wilful but
for that? For honest man should do; for nothing the her majesty bade me expressly shew Mr. Se world more dear me than my reputation. cretary Walsingham thereof; my Lord-Chan
submit nyself what punishment your ho ther was verbally commanded conceal
nours shall please lay upon me.
To that the Solicitor (Egerton) answered
Mr. Davison, you well extol the honour the Proceedings, for beseems you, and the truth was. But must tell you the more
from the rest. Then said the Solicitor, Ano ther matter makes against you my Lord Trea
honourable the proceedings were, the more
your contempt not making her privy.
reserving the Execution, note her majesty's testimony; and proceeded, saying, My lords, magnanimity, who not regarded the dangers the cause between her majesty and me she her own self, continue the other's life. And my gracious sovereign, and her servant, yet her wisdom therein
ed, who thought good have
with intention have clemency
* might be. not contesting with her ma you should use with great secrecy.
surer did ask you, whether was her majesty's pleasure? And you answered, Yea. To that said Davison, remember not that. The Soli citor replied, my Lord-Treasurer's testi mony. And Davison rejoined, reverence his
commend behoveth me not say, she gainsay neither
could said, contest against her; yet let me protest, that, Iny own conceit, have dealt sincerely soundly, and honestly any servant jesty you observe duty, but your means was conla do. Then spake the Lord Chief Justice great contempt; and further, she said you, England, saying, By that she asked you,
readiness, long
it
In to itIto to
Iso in
a
of I IIan I it II
to
to
toin
to . ;IIIittobe
by itto
to
asto to in IIitI in
to
itI
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be
of
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it, of
to
|
if
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itit byitas
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to
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if
l to II it be
it II;
it, ill
to Iis I by
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tois in toto ; to II toI
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do asbyI
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he
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as toof
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;
;
he to
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ititIhe of
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in
1233] STATE TRIALS, Eliz. 1587-for Misprision and Contempt. [1234
What haste? You might know it was her plea Commission great persons hear what she sure to defer and therefore you could alledge her defence. And albeit that
without her commandment was great offence. upon the hearing thereof she was declared —Then spake Gawdie, the queen's Serjeant: Guilty, yet none could think Execution
My lords, four things note that Mr. Davison might done without her majesty's express confesseth; first that her majesty bade him use assent. Then dilated the proceedings secrecy; next, the Warrant being sealed, Mr. Parliament, the Petition, her Answer thereunto,
Killegrew was sent unto him, that were not wherein noted her wisdom not being sealed already, should not sealed all. hasty high matter; shewed farther, Thirdly confesseth her majesty was content how she was contented hear ambassadors,
should shew Mr. Walsingham, which proves they could propound any thing her de she minded keep from the rest. And fence. Afterward followed the Proclamation had been his duty have known her pleasure: notify the Proceedings passed unto the peo and therefore for so unuch as he Confesseth ple; for people, said he, desirous hear this, take great contempt, Indignity state-matters, and warrant you itch under and Misprision for him say his intent was stand what we do here: herein, said he, was
good; thought so, Answer. Fourthly her majesty told him, she thought some other course taken, and gave her An
justice, mercy, and discretion. Afterwards, upon the and cries, she thought ne– cessary look unto it; upon this she sealed
swer; besides, he confesseth he told the lords her warrant, yet continuing her former clemen was her majesty's pleasure upon such de cy, not put Execution; for was mand made. Davison answered, that general her grant that should done, she might
demand was made.
servants she should name should
She named Melvin, Burgoin her physician, her Dean crying out, ‘So let queen Elizabeth's apothecary, her surgeon, two waiting women, “enemies perish;’ the earl Kent answering and others, whom Melvin bore her train. Amen, and the multitude sighing and sorrow
the gentlemen, two earls and the sheriff ing. Her body was embalmed and ordered
So
** “•“*• as ‘* *‘* * •““•“
up
be
7,
it
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it I ofbe I in
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of
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1211] STATE TRIALs, 28 Eliz. 1586–Proceedings against [1212
with due and usual rites, and afterwards interred that had commanded would never with a royal funeral in the cathedral church of deny am not faint-hearted, that for
Peterborough. A pompous obsequy was also “terror should fear the thing that performed for her at Paris, by- procurement of ‘just, own when once done; no,
the Guises. am not base and ignobly minded. But The news of Mary's execution, says Rapin, “it princely part, with feigned words
tation and mourning were the signs she gave her grief, which seemed moderate. She drove the Privy Counsellors from her presence,
being brought to Elizabeth, she appeared ex ‘conceal and disguise the real meaning the tremely concerned at Sighs, tears, lamen “heart; will never dissemble my actions,
and commanded them Star-Chamber, and Davison
life for his disobedience.
sent the following letter the king Scot
would will never
land (afterwards king James Robert Cary
England),
‘ing and intention, which, since iny pen trem “bles mention you shall fully understand
long health and safety. ’
The following Report the Evidence against
be examined the tried for his
had not
few days after she
My dearest Brother;
would God thou knewest (but not that more care for the good you and your
thou feltest) the incomparable grief my mind fairs. any man would persuade you perplexed with, upon this lamentable acci the contrary, you may conclude he favours dent, which happened contrary my mean others more than you. God preserve you
but make them appear their true and pro
per colours. Persuade yourself this for truth, that know this has happened deservedly
her part, had intended
not have laid upon others; but
oharge myself with that which
much thought Other matters you shall understand the bearer this letter. As for me, would have you believe there not any which loves you more dearly, takes
the Queen Scots Fotheringay, and the God and many others can witness my inno confession of her Secretaries afterwards the
this my kinsman. * request you, that
“cence this matter, you will also believe, He was kin her Ann Bullen her mother.
Star Chamber, being more full and satisfactory
did write the lord Paget, Charles Paget, Mendoza, sir Francis Inglefield, and
the archbishop Glascow, concerning Bab ington's Plot, &c. Whereupon the Lords and other the Commissioners, conferred together
give Sentence Judgment, upon good
proof the matter shall appear. —She was di rectly charged the Queen's Serjeants, that
she had compassed and imagined the death and
Evid ENCE AGAINST THE QUEEN Scots.
[Ertracted from the Hardwicke State Papers, vol. 224. ]
Die Martis rros Octobris 1586. her Majesty our sovereign lady, only the lord
THE Commissioners being (except the Zouch, said, gave his Sentence, that she
cars Shrewsbury and Warwick, and was privy the compassing, practising, and
Amias Paulet), assembled within the Star imagining her Majesty's Death, but could Chamber, recapitulation was made her not pronounce that she had compassed, prac majesty's Privy Council, such proofs tised, imagined the same, &c. And then had been made against the Scots queen, before Mr. Sanders was called for in, take notice them Fotheringay, &c. After which Nau of this Sentence. —Note, That the earl and Curle were brought personally before the Shrewsbury sent his Judgment writing, con Commissioners, and, their presences, did taining his consent unto the same; and avow and maintain all their Confessions, Ex afterwards did the earl of Warwick. -The
and made the same. And they did, then and authoriseth the Commissioners examine,
aminations, and Subscriptions true,
such manner and form, they have written 27th year the Queen's Majesty's reign, and
there, expressly affirm and maintain, That the
Scots queen had received and read Babington's Letters, and that, her direction and express commandment, the Answer unto the points thereof, was returned unto Babington
whether Mary the Scots queen, since the first June, the same 27th year, hath compassed
imagined any thing tending hurt the Queen's Majesty's person; whether she hath been privy, that any other person hath com passed imagined any thing tending the
her name, according the Letter set
down. —Also, that, the same 12th July, she hurt her Highness's person, and thereupon
than any other which print, from the Hardwicke State Papers.
here given
Commission reciteth the Statute made the
destruction her Majesty, and also was privy secret, and afterwards, said, con and consenting the conspiracies and Treasons
cluded upon their judgment. And they called Anthony Babington, and John Ballard, and the Queen's Serjeants, the Attorney and their confederates, and was within the com
Solicitor, and before then, said, gave
their sentences, which the Commissioners present, except the lord Zouch, pronounced,
that the Scots queen was privy, Soc. and that Priest, and one that, the space five she had compassed and imagined the Death six years, had ranged through many parts
pass both the said articles the Statute and
whereof; first, was opened, That Bollard being Seminary
Commission. For declaration
of
it
of to orof of
. . .
< 4. & & & 4. &“ ‘ on
‘ * “
by
so
to so in of of. in itdo
a
asinto ofII to to is Iit,
of
or
of is it,
in in to in to
*
*‘ **“ by of by is*I*
by of all
to
to by
is it,
as as
it it to
as
toA
of
is
as in
of all
to
I. to in
by
of be is all
to
of
in
it.
atof into a
to
:
so I
isis to all be
by
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of in
in ofofoftoitofofIa I
to by
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it
or
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if by
or
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If as
as
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of I
to he or
in in of
ofor so of toas is so toasIis
is at
it so
no orIit. if
1213] STATE TRIALS, 28 Eliz. 1585–May Queen of Scots. [1214
the realm, disguised in apparel, and under sun dry several names, seducing the Queen's sub
continued for the space two years; and about quarter year before her remove from the earl Shrewsbury's keeping, left off, and
jects, and withdrawing them from their due
obedience, did go into France, in Lent last
past; and about a week after Easter, had con which he received from her short Letter ference in Paris with Charles Paget, Thomas cypher, boy unknown unto him, signifying Morgan, and Bernardino de Mendoza, the Spa her discontent for breach their intelligence,
nish Ambassador there, touching the invading of this realm, by foreign forces, rebellion to be stirred amongst her Majesty's subjects, and a strong party to be made to assist and join with the invaders, and the Scots queen to be deli vered. In which enterprize, Charles Paget af firmed, that there was no hope to prevail dur ing her Majesty's life. —Hereupon, Ballard was sent into England, by direction from Charles Paget, and Mendoza, to solicit and practise the execution of this their Complot. —He re
turned to London upon Whitsunday, being the 22d of May, and within four or five days
requiring the same renewed. And that she would send some packets unto him, which she had received from Thomas Morgan, April last before. —Ile doth also set down large what conference passed between Ballard and him, and the whole Plot the Conspira cies and Treasons. —He declareth further, that
did write letter the Scots queen, touch ing every particular this their Plot, and sent
the same unknown boy. —Unto which she answered, twenty thirty days after, the
same cypher, which wrote unto her, but another messenger; the tenor both which Letters carried well memory,
after, he conferred with Babington, and ac
quainted him with the whole Plot these
Treasons. —In this Conference, Babington and principal points the same, upon confer Ballard resolved, That foreign power and
invasion were vain, unless the Queen's Ma
their deserts, and the justice the law, they impart unto them the same Letter from the were attainted and accused. —After this Declara queen Scots; and likewise report sundry
tion thus made, the Proof against the Scots queen particularities the same, and Titchborne was entered into, and prosecuted, hereafter affirmeth farther, that he, Babington's re
followeth. -First, was read Confession made
by Babington, written all with his own hand,
and delivered the Lord Chancellor, Lord
Treasurer, and Mr. Vice Chamberlain, volum written Babington the Scots queen, tarily and frankly, before was committed
the Tower; wherein setteth down large, about four years past, being Paris, that
wherein these material and effectual parts were, and are noted. First, termed her his “dread sovereign lady and queen,' and acknowledged fidelity and obedience her only. —He signifieth unto her, that upon ad
did there grow acquainted with Thomas Mor gan, who brought him the bishop Glas
cow, ambassador ledger France for the quccn of Scots, and they both recommended their
inistress unto him, most wise and virtuous Catholic princess, declaring the certain expec
tation lier future greatness this land, reason the undoubted title this crown, next in succession. —And after his return
England, they, their Letters commended him her service; whereupon, she wrote unto him Letter congratulation. —A ster which he was solicited other letters from Morgan, to be an intelligencer for her, and convey her letters and packets. --This course service
vertisement the purpose
Ballard from beyond the seas, certain foreign powers in
discontinued the same until July last. At
that reported and set down fully the
jesty were taken away. Whereupon they con cluded, that six gentlemen should undertake the killing her Majesty, and that Savage, who before that time was solicited Rheims ex
ecute that wicked action alone, and thereupon had vowed perform that accordingly, and
was come into England for that purpose, should forbear attempt alone, and should one of the six and at the time of the execution
thereof, Babington, and certain others with him, should deliver the Scots queen. —These things, with many other material circumstances and parts their Treasons, were directly and voluntarily confessed, divers the principal Conspirators, both before and their Arraign ment, appears the Record; whereupon,
ence his said Declaration, with the copies the same Letters, appeareth. -He affirm
eth also, that shewed the letter queen Scots Titchborne, who did assist him the decyphering the same and that shewed copy thereof Ballard and others.
After the reading Babington's Declaration aforesaid, part Ballard's Examination was
likewise read, concurring with the same
wherein affirmeth, that Babington shewed
him copy the Letter which did write
the queen Scots; and also part the Let
ter which the Scots queen did write for answer him, the whole not being then decyphered;
and setteth down, very certainly, divers mate
rial points the same.
Titchborne and Dunne, their several Ex
aminations, also affirm that Babington did
quest, did write great part the same, Babington did decypher and read unto him.
After this was read copy the Letter
hath now staid purpose
vade this realm,
her sacred majesty one day's good ser
vice. —That communicated this his purpose such the friends best trusted and
saith, that upon conference with them,
hath found these things, first advised
this great and honourable action, upon the
issue whereof depended her life, and the weal
and honour our country.
First, for assuring the Invasion, sufficient
strength the invaders, ports appointed
of
as
he
in as by
to to of
to
of by
by
to
as byit
in
all
a to
ofof
toin
in
of atof
at
a
in to
he
he
by
of at he
be
of
a
to
as
of :to of to
to
of
by it he by
a
a inofbyhea byof
of he by
doof ofof toof
do
to ofhe
of a a a
he
of
all to be
a of
he
of of
he by
of
of as
toto ofheasof
be be inhe
ofit he of in
onhe of it
do
he toait, ; he be of
;
all
of
in
to
to
in
a of
as
to :
atin in
to
of it
or ofto to
at in a so ofa
all
1215] STATE TRIALS, 28 Eliz. 1586–Proceedings against [1216
for the foreign princes to arrive at, with a out hold. —She deviseth, that after they had strong party at every place to join with them, amongst themselves taken their best resolution,
to warrant their landing. Then, the Deliver that then they should impart the same Men ance of the Scots queen, and the dispatching doza, and she promiseth write unto him
of the usurping competitor, the effecting where the matter, with all the earnest recommenda of he doth vow and protest, or else their lives tion she could and also any else that should to be lost in the execution thereof. --In all needful. —The affairs being thus prepared, these particular points, he prayeth her direc and forces readiness both without and tion, and for the avoiding of delay, that she by within the realm, she saith, that then shall her princely authority would enable such as time set the six gentlemen work may advance the affair; seeing that it is neces taking order, upon the accomplishing their sary, that some there be that become heads, design, that she should suddenly transported to lead the multitude, ever disposed by nature, from the place her restraint, and all their in this land, to follow the nobility : he offereth forces be the same time the field, and also, to recommend some unto her, fit, in his meet her, tarrying for the arrival the knowledge, to be her lieutenants in the West foreign aid, which must hastened with Parts, North Wales, and the countries of Lan diligence. —And for that there can be cer caster, Derby, and Stafford. —He promiseth tain day appointed for the accomplishing the that himself, with ten gentlemen, and 100 of said gentlemen's designment, she willeth, that their followers, would deliver her from her
keeper. —And for the dispatch of the Usurper (from the obedience of whom he saith, that by
the excommunication of her, they were made free), six noble gentlemen, his private friends,
others may readiness take her from thence; that the said gentlemen have always
about them (or the least the court), four stout men, with speedy horses, dispatch
method, and that her deliverance first, she might taken from the keeper before for that thereupon depended their only good, could hear the execution the said design,
divers ways, soon the said design should executed, bring intelligence those prayeth her, that her wisdom reduced which should undertake her deliverance, that
would undertake that tragical execution. —He
and other circumstances
the untimely beginning one, throw the rest. — [[e subscribeth
concur, that
not over “Your ma
the least, before could remove her any other place, fortify the place wherein she mained; and the same instant essay cut off the posts ordinary ways. -She giveth earnest warning not stir this side, before they
jesty's faithful subject, and sworn servant, AN THoNY BABIN Gron. ”
Then was read Copy the Scots queen's well assured foreign forces, nor take her Letter Babington, answer his, whereby away, before they were well assured, set her
she termeth him trusty and well-beloved she the midst good army, some very good commendeth his zeal and entire affection to strength, where she might safely stay for the
wards her; she accepteth and alloweth his assembly their forces, and arrival foreign offers she declareth, that she hath long time princes. —She referreth Babington assure dealt with foreign princes touching these ac the gentlemen above mentioned, all that
tions, always putting them mind how dau shall requisite her part, for the entire exe gerous their delays were the catholics. She cution their good will. —She promiseth
willeth him assure their principal friends, that albeit she had not this cause any particular interest, that which she may pretend, being
ready and most willing employ herein her willeth also, some stirring Ireland were la life, and that she hath, may ever look for boured, for begin some while before any
this world. —To ground substantially this thing were done here, the end that the alarm
hands, effect that, from thence, her enemies public good the state, she would always here may not prevail any succour. —She
consideration unto her, respect the
Enterprize, she adviseth examine deeply. What forces they could raise within the realm, and what captains appointed every shire, case chief general cannot had.
might given thereby, the flat contrary
side that the stroke should come. —That for
General, were good sound obscurely the
earl Arundel, some his brethren and
likewise seek upon the young earl Nor thumberland, liberty and the earl
Ofwhat towns, ports, and havens, they could
assure themselves, well the North West
and South, receive succours from the Low
countries, Spain and France. What places brought home secretly, and with them some
they esteemed most fit, and greatest advan tage, assemble their forces at, and which
way and whither march.
forces, well horse,
required, and for how long pay.
wision money and armour, case they set fire the barns and stables Chartley, wanted, they would ask. By what means the night-time, and when her guardian servants
the six gentlemen did deliberate proceed. should forth quench the fire, then the And the tuanner how she was be delivered others cnter and take her away. —Or
What foreign foot, they
very; viz. deliver her from her
essay, the same time that the work shall be hand these parts, make the catholics Scotland arise, and put her son into their
Westmorland, and the lord Paget, should be
more the principal banished men should re turn. —She directeth three means for her deli
keeper when she was riding take air on the What pro moors between Chartley and Stafford. —Or
7.
in
to
of
asbe of ; be
it be
to
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to toitinofbe to
6.
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in 5. on 3.
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to
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or a at toatin to60heorof aof
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of
;
to to to to so
to
of to
oftoon ofto to
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be
be toto
:
do
1217] STATE TRIALS, 2s Eliz. 1586–Mary Queen of Scots. [121s
cause some of the carts, which came with pro- so made the Answer unto the same; and the vision very early, to be overturned in the great Alphabet of the sane Cypher being found gates, by practice with the cart drivers, so that amongst Papers, and shewed to Babington, he the gates could not be shut, and then those acknowledged and thereupon subscribed his which were appointed for her delivery, to enter name the same, appeared. —Also, the
the house upon the sudden, and to take her
away. —Finally, she requireth, for God's sake,
that albeit they cannot compass her delivery,
yet notwithstanding they should not pro
cced the rest the enterprize. —She con his Treasons, but hoped then, within short time, cludeth, what issue soever the matter taketh,
she will think herself obliged Babington
long she liveth, for lils offer hazard himself (as doth) for her delivery.
Both these copies the two several before borne, and Dunne, after their apprehension,
men ioned Letters, were advisedly perused Babington, and thereupon did voluntarily contess the same the true Copies his Letter the Scots queen, and her Answer
and their constant persisting the same, be fore and after the time their Arraignment, and till their death, without retracting any part
thereof, enforceth greatly the credit the same. —And there likelihood probabi
the same, and for affirmation thereof,
b×c, bet his name every page both the lity that Babington, any one, would
him
said copies with his own hand. doing self devise and impute others, matter
whereot, was circumspect and careful, that finding two three words mistaken the writing the Copy the Letters, struck out the same, before he did subscribe
great importance and extreme danger.
Then was added further, that besides the
matters before mentioned, was manifest,
imparting the same Letter Babington Titchborne, who did help decypher part
and Ballard, Dunne, and others, when he was liberty, and feared not the discovery
bring the same his desired effect, stronger proof the same Letters. -Iłesides the voluntary Declarations and Confessions
the same Letters Babington, Ballard, Titch
such Letter him, his conspiracies, compass, imagine,
that she was privy same Copies subscribed them. And that she did ever practise, Nau setteth down writing with his own hand,
was privy any thing the 6th September, that the Scots queen did
commonly hold this course, receiving and writing letters secrecy and importance, viz. That all letters written her, were opened
her cabinet, her own presence, and de cyphered her own commandument; and such
the Destruction her majesty, the hurt her person; confessing nevertheless, that she had used Babington intelligencer for her, and for the conveying letters and
packets. -And she added further, that she was not charged, but either her word,
by her writing, and she was sure they had neither the one nor the other lay against her.
After which Answer her made, divers other natters were alledged, and shewed forth, prove that she did receive the same Let
letters she did write either write the same
others, she did first French with her own Nau write the
well the Declarations and Confessions
her Nau and Curle, her servants and secretaries,
Hereupon was urged and inferred
majesty's learned Council, that Babington's subscribed with their own hands, without tor Letter came the Scots queen's hands, then ture constraint, and their voluntary oaths
was apparent that she was privy the Con verifying the same, that the Scots queen did spiracy for the taking away her majesty's receive the same Letter from Babington, and life. And likewise she did write unto Ba caused the same decyphered, and after
bington such effect, his Declaration advice, reading, and consideration thereof, written with his own hand, and the same caused the said answer be written Ba copy recognized and subscribed him, con bington her name. —And for proof thereof, tained, then cannot be avoided, but that she was alledged, that the Copies the same did not only composs and imagine, but did Letters being shewed some the lords also practise, the destruction her highness, the council, Nau and Culle, they, upon and was directly within both the parts reading and perusing thereof, subscribed their the commission and statute. names thereunto, afirming the same, and ac
Hereunto the Scots queen, after her Protes knowledging that the Scots queen received the tation, answered, that she never saw nor knew same from Babington, and thereupon she did Babington and denied that she received any give direction for the writing the other unto such Letter from him, that she wrote any him: which was verified, shewing forth the
her, read unto her, they were written English, then did Curle translate them out ters from Babington, and did also write An French into English, and did estsoons read
swer unto him, the before-mentioned Copies did purport; with farther proof, hereafter followeth :—First, was inferred, that since both the Letters were written the cypher used between the Scots queen and Babington, and all the points Babington's Letter directly
them unto her, the same being translated which being done, Curle did put the same cypher, and they were sent away. He at firmeth farther liis said Declaration, That
the Scots queen gave direction for the writing the said Letter Babington, and that
and effectually answered the other, can the writing thereof, the course aforesaid was
Inot be, but that she received his Lotter, and holden. WOL.
hand, give direction
same; after which, the same being perused
4 I
or or
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it. hein he by so
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1219) STATE TRIALS, Eliz. 1586–I'roceedings against [1220
There was also shewed forth a Paper written This Examination of Nau was first set down by Nau, containing short Minutes and Notes English, according delivered
of the principal points of Babington's Letter, speech, and being read unto him, he did sub and of the Scots queen's Letter to Babington, scribe his name unto the same, and after, upon which was found amongst her Papers at Chart perusal and further consideration thereof,
ley, which being shewed unto Nau by some of did set down French with his own hand -
the lords of the council, he upon sight thereof substance thereof.
confessed it to be his own hand, saying, that Curle being likewise examined before the upon reading Babington's letter to the Scots said lords, the said 21st Sept. , saith, hat
queen, and her direction given for the an decyphered Babington's Letter the Scots swering of the same, he did set down the same queen, and then the same was read unto her Notes, to serve as a memorial for him, for the Nau, whereupon she directed Nau draw writing of other letters; and this his Confes Answer unto the same, which he drew sion, in that behalf, did he subscribe in the French, and read unto her; which being same paper, with his own hand, in presence of done, Curle put into English by her con
the said lords, and put his name thereunto ; and after, in another Examination, affirmeth the same.
mandment, and after, read unto Nau, and then, her commandment, Curle put into cypher. —He saith, That the salue her Letter
in this Paper, amongst other points, is con Babington had these parts, viz. What forces tained Le Coup, which car hardly be construed may raised here; what havens and ports to be ineant otherwise, than the biow or stroke provided; what place fittest for the forces for killing of her majesty, being written upon assemble; what foreign forces they required:
some occasion, and to such end, as Nau hath declared, as is aforesaid.
Also, Curle per using an abstract of the prim
cipal points of both the said Letters, did confess
and affirm the same, and thereupon, before the said lords, did with his own hand subscribe his
said affirmation, and put his name thereunto. The same poists were put into French by
Nau, and written with his own hand, and him likewise confessed to be the inatters con
what provision, money, and armour, they would ask what means the six gentlemen meant
proceed, and how they meant deliver her out of hold. And that the same letter con
tained clause also, that the six gentlemen should have four stout men, well horsed, give advertisement soon the desigument should be executed; and contained three means, for her delivery out bold; and had
also device for Association be pretended tained the same Letters, and thereupon also against the Puritans. He saith also, she willed he did subscribe his name the same. him burn the English Copy the Letters
Besides, Nau being examined before the sent Babington.
lords aforesaid, the 21st Sept. , touching the These Examinations of Nau and Curle were
said Letters, said that Curle did decypher Ba bington's Letter the Scots queen, and after (the said Nau) did read unto her, and she
resolved make answer unto the same,
And saith further, That took the points contained the Scots queen's Letter Ba hington, her own mouth, from point point,
subscribed with their own hands, and al firmed upon their oaths, voluntarily taken
means the gentlemen meant the manner how she was
hold.
proceed; and delivered out
hension, torture, fear hope favour, might make them.
-
After these Proof, thus produced and shewed, was alleged further, That the Scots queen had
judges,
the said lords and judges did openly alarm.
before the lords and
and some
All these Confessions and Declarations, Exa minations and Subscriptions, Nau and Cutle, put writing; were verified the oath Mir. Thomas
the same manner
whereupon did draw the Letter French, and after brought unto her, and she corrected
such sort was sent Babington. And saith, that the Scots queen delivered unto him her own speech, these points following, for Answer Babington's Letter, upon consi.
deration the sauce Letter from Babington,
wherein the same points were contained, viz.
What forces were had here, what havens
and ports, what places frtest the forces
assemble; what foreign forces they required; honest men; but she did not know what appre what provision, money, and armour; what
He saith also, that the clause
tion upon pretence withstand the Puritans, negociation France, from the agents France, was devised the Scots queen herself, and was and with what direction, and for what purpose
her direction put into the said Letter; and likewise, the other clause that the six gentle men should have some stout men well horsed,
give speedy intelligence when the design inent should be executed.
was sent from thence into England, but had also the like intelligence out France, from
her agents there.
And thereupon was shewed forth Copy
Letter written the Scots queen Charles
the Associa
not only intelligence Babington Ballard's
Powell, Clerk the Crown, who was present when they did write and depose the same, and being shewed the Scots queen, she confessed
the same albeit, name
be the hands of Nau and Curie she said, Nau had not written his did usually accustom sign; but
she denied earnestly, that she did ever receive the saune Letter from Babington, write the other unto him, whatsoever Nau and Curle had said deposed, saving she did take them
to
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it
to toto inanbyheheby
1221] STATE TRIALS, 28 Eliz. 1586–May 2ween of Scots. [1222
Paget 26th was decyphered him some
May 1586, stilo novo, which rence that which Charles Paget wrote, but
Curle, and being shewed the lords, the 25th Sept.
more particularly asking her direction for the execution the whole, aud that she made them very ample dispatch, containing the device,
confessed the same, well speech,
own voluntary subscription, and putting
name there unto. Whereby “harles Paget did this side, without the realm, bring - their
signify what conference Ballard had with him and Mendoza; and what Plot they had levied
the invasion the realm, and stirring re bellion; and what directions Mendoza had
given unto Ballard.
was also alleged, That after the Scots
queen had received the said Letter from Ba bington, and had written Answer, point for point, the saine, and given direction, touch
ing the whole Plot, oromising withal write Mendoza, and any else that should need ful, she did, accordingly, the 27th July, make dispatch five several letters, touching the
designinent good elect.
That she directed them, that for losing no
time, having taken resolution anongst them,
upon her dispatch, they would make haste impart the same Mendoza, sending over therewith, either the said Ballard, some
other the most faithful and secret they could find. That she prol. iised write Mendoza,
she did presently, give credit the said: messenger. that the pope and king
Spain had even intention provide for the isle, the occasion presently offered, very ad
vantageous, finding the catholics therein same action, viz. three into France, one universally disposed and forward, there
Mendoza, another Charles Paget, and the more ado keep them back, than put then third the bishop Glascow; and two into forward. —That for all difficulties which Men
Spain, one the lord Paget, and another sir Francis Inglefield.
She wrote Mendoza, that she was dis
couraged from entering into any new pursuits,
seeing the Sinall effect those times past,
that she shut her eyes divers overtures and propositions that were made unto her the
Catholics within months past, having
means give then sound answer. —But upon
thitt, which late again she understood the
good intention the king Spain towards king Spain, for the accompli-hment that these quarrels, she had written very amply which required them. — That she would the principal the said Catholics, upon de have sent Paget, copy her dispateh
sign which she sent, with her advice upon every the catholics, were not that she sure, that, point, resolve among-t themselves, for the the messenger, should know more execution thereof; and for fear loss time, thereof than she can write, being carry she gave them order dispatch unto Mendoza, into those parts the resolution the whole, with diligence, one from among them, suf and for the same respect she referred the lord
point point, things requisite, well
doza could all dge, for getting her forth
hold, otherwise, should thereof suffici
ently cleared and satisfied. —That rest, only pursue, hotly can be, both Rome and Spain, the grant support requi site, horsemen, footmen, arms, ammunition, and money. —That her opinion and that
ficiently instructed treat with him, according the general propositions which have been already inade unto him, things which they were to demand of him that affair with the king his master. —Further, she answereth him on their behalf, upon their faith and word given unto her, That they would faithfully and sin
Paget thereof informed Charles Paget. She thanketh him for the sixty crowns
gave Ballard, protnising make him re
imbursed the same, the ambassador. — She requireth know how hath proceeded with the lord Claude, the matter where of she wrote unto him not long since, which being
cerely accomplish, with the hazard their lives, well effected, should well concur with the enter
that which they should promise their deputy, prize here.
and therefore prayeth Mendoza give cre Two original draughts of this Letter were
dit therein, herself had dispatched him. — shewed forth, one French, written Nau, She saith further, that she would inform Men the other English, written Curle, which
they confessed their subscriptions, and affirmed their oaths, before some the lords, Mr. Thomas Powell did then depose.
She did write the lord Paget, that she doubted not, but had understood his
doza with the means
would take upon her
hand she may assured
receive and preserve her within the land, whilst all the armies may assemble.
her escape, which she perform, afore
sufficient forces
The original draught this Letter written brother, the overture which deputy for the French Nau, and him subscribed and catholics this realm, had made on their be contessed, was shewed the Scots queen, which half Mendoza whereupon, not long since
she confessed his hand, but said, was she wrote very amply the principal the nothing ihis matter. —l here also Copy catholics, for have, upon plot which she of the some English, Nau's hand, and had dressed for them, their common resolu su! scribed and signed him. tion and for treat accordingly with the
She did write unto Charles Paget, That, upon king Spain, she addressed them the lord return of Ballard, the principal the Catholics Paget. -
did impart unto her, their intention and confe She requireth him consider deeply the
she hath written the catholics, that nothing stirred this side, before they have suffici
ent promise and assurance the pope and
of
is ait
to by so of
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;
to
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to by be
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as all
of a of by so tono to
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1223
STATE TRIALS, 28 Eliz. 1586. —Proceedings against [1224
said Plot, and
for the execution
porting men, armour, munition and money
taining also sundry other matters, not pertinent this accord, was not read, but the first draught French written Nau, and him confessed and subscribed before the lords, was the king Spain. She requireth solicit only sliewed forth, for the verifying the
the matter there, and enter betime, because same.
all negociations that court are drawn After that, the original draughts these
great length.
This was also first drawn
Letters Nan, shewed
Mendoza, and Charles Paget, were the Scots queen, and were confessed the hand-writing Nau and
the particularities necessary it; namely, for the sup
which must obtained the pope, and
and after put into English
the original draughts their own hands were shewed forth, which they had confessed and subscribed before the lords, and affirined the same their oaths,
also depose.
her,
French
Curle, and both
Mr. Thomas Powell did
Curle she refused see the draught sun
dry other Letters hereafter mentioned, which were likewise offered be shewed unto her,
saying, She cared not whether the same were written them not, and acknowledging withal, that about that tute she made several dispatches, such effects these Letters did
Francis Inglefield, Spain, for the 12,000
She did write
give thanks the king
crowns; assuring him, that the same should purport, which was, concerning aid pro
employed none other use, but the ac cured for her delivery, saying, that the same complishment her escape. —That she feareth was nothing touching the matter wherewith she the bruit which runneth, peace between was charged.
the king Spain and this queen, shall retire Hereupon was urged, that this Letter many pursue the designment enter concurring directly, matter and circum prize new dressed here. —That the principal stances, with Babington's Letter her, and catholics England having, about Easter last, her Answer the same, did prove evidently made their complot together rise Leices that she received the one, and did write the ter's absence (myself not having wherewirh other, and was privy, and compasser and
give them substantial answer), sent one from practiser the design the Death her ma
Charles Paget, who made jesty, and this behalf these particularities declare their designment were specially voted.
know his master the king She write Mendoza, Charles Paget, and Spain would hearken thereunto. —Where the rest, That the Catholics did signify unto her
upon good hope being brought back again
unto them, they signified unto her, and find
ing the same manner confirmed Ingle
field's letter; she made them very ample
dispatch, which, upon plot which she had
dressed for then, she gave then her advice,
point point, everything necessary for the
execution thereof, and reinitting them take
resolution the roupon. —That for lose no
time, without, sending again unto her, they That upon the return Ballard, the principal should dispatch, with diligence, some one the Catholics had imparted unto her their their names, chosen, faithful, and sufficiently intentions, conformable that which Charles instructed, Mendoza. --To impart unto him Paget wrote unto her; but more particularly particularly the plot their enterprize, and
amongst them their messenger
Mendoza,
require such support necessary men
foot and horse, also armour, ammunition,
and money which things, before they had particularities the plot, more than are con sufficient promise and assurance, not stir
this side. —That she had cleared the greatest
difficulty, which has always been objected
the like enterprize, viz. her escape out hold, which she did write Mendoza, Charles Paget, and she hope execute the same assuredly, &c. she writeth, That she had given such d
they shall design it.
—That, peace rection; and accordingly Ballard was prepared inade France, her cousin Guise, having and ready have taken that journey,
already great forces, may employ the same had not been prevented his apprehension,
hire, sudden, before the queen aware. Of this Letter there was also shewed for the
two original draughts, one written French
confessed Ballard, Babington, and Savage.
She writeth Charles Paget, &c. that the difficulty which hath been objected, touching
Nau, the other English Curle which
they had likewise contessed and subscribed be her delivery out hold, cleared, and that she
fore the lords, and confirmed their oaths, Mr. Powell deposed.
She did write another Letter the bishop Glascow, which, for that, these points,
did substance concur with the former, con
have executed assuredly, accord her designment
accordingly, Babington's Letter her, and her answer the same, the manner and means her escape set down large.
their intentions, and that she made then ample Dispatch, giving her advice upon every point, point point, upon conference together
write
Mendoza, and others, and those
Babington's Letter her, with her Answer the same; this appeareth true, for
his, she hath intelligence their plot and intention, and the other she giveth her di rection and advice, point point.
tained
Paget's Letter.
her Letter Babington, she promiseth
hopeth ing
And
her Letter Charles Paget, she writeth,
upon conference Babington's Letter with that Charles Paget the 29th May, appeareth, that Babington settetii down sundry
in
ofto by
of
to
of
by as
ofto
be
toin
is is
or to
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to
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to is In In
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a to in
an to
it
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of to be
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if
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to
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be all in of
1225] STATE TRIALS, 2s Eliz. 1586. —Mary Queen of Scots. [1226
In her Letter to Charles Paget, she saith, assureth himself Scotland, either serve She hath written to the Catholics, that no stirr him, bridled, not serve his
enemy. —That she will travel means, make her son enter into the enterprize, or, cannot persuaded thereunto, then she
will dress secret league and bond amongst the Catholic lords that country, join with the king Spain. —That she will make her son
thence. - death, himself, being Catholic, shall desire,
And accordingly, in her Letter to Babington, without that ever the king Spain should pre she writeth, That she would essay, at the time tend attempt any thing the prejudice
ing shall be on this side, before they have sufficient promise aud assurance for the accom plishment of that which is required of the pope
and king of Spain : and in this her Letter of
-answer to Babington, it appeareth, that she did write to that effect.
In her Letter to sir Francis Inglefield, she
delivered into the hands the pope, writeth, That for Scotland, she is about to king Spain, with paction set him liberty practise that her enemies may have no succour whensoever she shall devise, after their
that the work should be in band in these parts,
to make the Catholics of Scotland to arise,
and put her son in their hands, to the effect
that from thence her enemies may not prevail absence her son, and for that purpose of any succours; and withal willeth, that some named the lord Claude Hambleton, alias Ha stirring in Ireland were labourcq for, to begin milton. —That she should write the lord some while before, to the end the alarm may be Claude procure him draw the Catholic given on the flat contrary side that the stroke lords Scotland, the king Spain's should come. devotion. That, after answer received from
Both which her devices have not failed of the king Spain, conformable this design, their success, for there have been stirs and then Charles Paget write plainly the lord troubles both in Scotland and Ireland, the latter Claude, that hath charge from her deal end of this summer. with the lord Claude this matter, shewing
And where the Scots queen confessed, That that needful seize her son's person,
she had written to procure Invasion and Re cannot willingly drawn this enterprize, bellion, and seemed to justify the same as law and that the next way were deliver him ful, for to obtain thereby her delivery, it was the pope the king Spain. —That Charles said, that being within the realm, and pro Paget should indirectly put the lord Claude tected by the laws, and so subject to the same, hope, that she will make him declared she might not use those means to compass her lawful heir the crown Scotland, her son delivery, whereby the queen's life was appa failing without children, and that she will pro rently sought; for invasion and destruction of cure the Catholic princes Christendom
her majesty are so linked together, that they condescend thereunto. —She chargeth him not cannot be single ; for if the invader should communicate these things any, either prevail, no doubt they would not suffer her English, French, Scottish, and pray majesty to continue neither government nor Mendoza, and the lord Claude, the
her life ; and in case of rebellion, the same like.
reason holdeth. - The Letter was first drawn French Nau,
It was further alledged, That, besides these and then translated English, and after put several Letters before mentioned, she did, about into cypher Curle, and extract the the time that these things were in hand, write principal points thereof, was confessed and divers letters to sundry other persons beyond subscribed before some of the lords the 25th the seas, wherein she taketh herself to be the Sept. which was openly read and shewed sovereign of this realm, containing sundry forth. Letter,
her son (if yield him Catholic), the suc cession that crown. —That Regent should
established Scotland, govern the
which the reign the queen's majesty, as to the whole state Scots queen wrote Mendoza, the same 20th
matters very dangerous as well to our sove Then was read another
of this realm. By which her intentions, in the
matters wherewith she now charged, may
May, concurring with the former Charles Paget, wherein she writeth, That Charles Paget had large Commission from her,
the better appear.
The 20th May 1586, she did write impart Mendoza certain overtures on her
Charles Paget practise with the Spanish Am behalf-That there was another point de bassador France, stir the king Spain pending thereupon, which she had reserved
invade the realm, and take revenge on write Mendoza himself, sent the the queen's majesty. —That the surest and rea king his master, her behalf; man else, diest way rid himself altogether from this were possible, being privy thereunto, viz. queen's malice, purging the spring the That considering her son's obstimacy heresy, malign humours. --That this long patience, and foreseeing the imminent dangcr like
hath not prevailed any thing, and that there ensue the Catholic church, succeeding
set again the king this crown she resolved, case her son the Low countries, and were not reclaimed the Catholic religion,
other parts, than re she had title give and grant her right establishing this realm under prince his friend the king Spain, succession this crown, —That deliberate, set this queen, her last will and testament, praying him
other means Spain's affairs
assure his estate
if he
to
in
to of
all to
to by
to
is
up in
by
to
he
to of
to
,
a
of
or
in
of
is he no
. . . to
in in is,
by as in if it
of
of
to
in to he
be to
if
to to
to
oftoofof ofato
to
in on to
in
to
of in be atto
in be
of he no to
to
to be to to in to allto
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1227J STATE TRIALS, 28 Eliz. 1586. -Proseedings against Mary 2ween of Scots. [12
take into his protection, both her, and the state and put effect much she should com and affairs of this realin. —She willeth this to mand, and should his power.
be secret; forasmuch, if it should be revealed, Also, the Scots queen did write Dr. Lewis,
it should be in France, the loss of her dowry; ult. Apiil 1586, wherein she willeth him in in Scotland, the clear breach of her son ; part her congratulations the new elected and in this country, her total ruin and destruc pope, and her affection towards him, chiefly for tion. that she understandeth his resolution bent,
* . This Letter was first written in French by follow, near can, the traces and icot the Scots queen's own hand, and then trans steps good pope Pius whose unemory lated into English, and put into cypher by she beareth singular reverence, for the singu Curle, as he confessed and subscribed the same lar compassion had her present state, and the 25th of Sept. last. his endeavour which he did manifest to relieve
Upon reading of these Letters, it was noted, -her.
That the Scots queen's intention was, to sub Whereupon, noted, that her imagi ject this crown and realm to the king of Spain, nations against the queen's person and state, to the utter ruin and destruction, both of the since she exciteth the pope follow the steps queen's majesty, and of the antient nobility, Pius who published the bull excommu
which purpose appeareth generally holden nication against her majesty, and thereby de
the English fugitives and traitors beyond the nounced her lawful queen, and dis seas, Babington and Savage set down charged her subjects their obedience and their several Confessions and Declarations allegiance; out which root hath sprung
procure the king the traitorous practices that have since been confirmed attempted against her highness's person.
and that their intention
Spain title this realm,
and invested the pope, jections against And
remembered, that the original draughts these Letters, saving that only which she After this was read, another Letter written wrote Babington, which, Curle atirimeth, the Scots queen, Dr. Allen, the 5th she commanded be burned, before men
Feb. wherein writeth unto her, Madam, tioned, were found amongst her i'apers
my good sovereign, for our resolution out Chartley and put chest, sealed up John Spain, the whole execution committed the Manners, esq. ; Walter Ashton, knight, and prince of Parma. ' That father Parsons, Owen, Richard Bagot, esq. ; which was first opened and himself did bring the king's determination and unsealed, and the same draught taken out,
Dr. Allen and Parsons staid longer Rome, to solicit the same.
take away ob Babington saith,
And for the verifying these Letters before mentioned, written the Scots queen
the prince, who seemed glad they, that certain the lords and others her na
might have the effectuating it; and gave jesty's Privy Council.
great sign strait upon the recovery After, on the 24th Oct. the Lords and Antwerp, but harped still upon this string, other Commissioners being assembled tie
that she should money, some means, put herself out oftheir hands.
Star Chamber Westminster, confer the said matters, and touching their Sentence, Nau and Curle were brought personally before them; and the Papers, Letters, and Writings, which they had before confessed and subscribed, and
Then was read the Scots queen's Letter
Dr. Allen the 20th May 1586, wherein she
called him “Reverend Father,’ and saith, “they
have overslipped many good occasions and afirmed their oaths, aforesaid, teii wisheth, that they should not withal omit this then and there likewise shewed unto them, they new offer, pinching near this queen. did then estsoons voluntarily acknowledge and
so im the title
Upon these Letters were inferred, that Dr. affirm all that true, which they had before Allen did acknowledge her his Sovereign, confessed and subscribed, and that they had and the queen this realm present confessed and subscribed the same, oriy
and she accepting the same, gave respect the truth, frankly and voluntarily,
Whereus. to she an
bishop.
swered,That though Dr. Allen, and divers other
threatening. And the said Curle did then also further as
foreign princes, and the Catholics this realin
did take her, yet she could not withal; did write the Scots queen, the draughts
but for herself, she did not claim so.
also be noted, that the resolution which was put execution the prince
Parma, and which the Scots queen was careful should not overslipt, cannot thought other but matter great peril
her majesty's person and this state. And
may also gathered Letter written the
her Answer the same, were both burned her command.
He said also, after the decyphering the said Letter written Babington, and the read ing thereof the Scots queen, admonished her the danger those actions, and per suaded her not deal therein, nor make any answer thereunto: and she thereupon said she would answer bidding him that which he hlion. commanded, and which appertained unto
prince Parma
Jan. 1586, where great secret,
the Scots queen the 12th writeth, that touching the
would keep becometh,
without any torture, constraint,
firm, that well the Letter which Babington
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1229] STATE TRIALS, 30 Eliz. 1587. —Arraignment of Mr. Davison.
[1230
65. The Arraignment of W. M. DAviso N (Secretary of State to Queen Elizabeth) in the Star-Chamber, for Misprision and Contempt: 30 ELIz. March 28, A. D. 1587. [MS. Caius Coll. Camb. Class A. 1090, 8, p. 267. MS. in the Bodleian Libr. sub. tit. Juridici, 7,843. S62, p. 235. ]
Before Christopher Wraye, Chief Justice ty's sacred person were contrived, most false England, who for the time sate Lord rumour that the Scotish queen was escaped, Privy-Seal; the archbishops Canterbury spread abroad, and bruited that foreigners
and York; the earls Worcester, Cumber were landed for invasion; which, for pre
land, and Lincoln the lords Grey, Lumley; servation the Scotish queen, and prejudice James Croft, the comptroller; Gilbert ours. Upon these considerations, her ma
Gerrard, Master
against Mr. Davison, late one her majes signed, she left with Mr. Davison carry ‘ty's Secretaries, and one her Privy-Coun the great seal, have readiness afore
cil, virtue Commission them said. And he, after the sealing, and without
Chief Justice mund Anderson;
the Rolls; the Lord jesty assented sign the Warrant for her Exe the Common Pleas, Ed cution, whom such tumults were raised
Roger Manwood, the Lord Chief Baron; and Walter Mildmay, the Chancellor the Exchequer; For hear
notwithstanding, being moved mercy her great wisdom, she thought necessary have readiness, any attempt should begun, ing matter Misprision and Contempt and yet not haste execute the same this
directed
WHEREUPON Mr. Popham, queen's Attorney-General, spake form following: My Lords, am inform your lordships her majesty's behalf, certain great and grievous Contempt and Misprision against Mr. Davison, there prisoner the bar, late one
her majesty's commandment, presented tinto the lords without her privity, contemptuously. Notwithstanding, upon the delivery thereof him, her majesty bid him use secrecy. And upon question made
said, she held that course still and upon farther question made, said her majesty would not farther troubled sundry practices committed the Scotish with that matter. Whereupon the lords seeing
her majesty's secretaries. The manifold and
queen are not unknown unto your honours, impediment, dispatched the Execution, which were offences the highest degree, and wherein Mr. Davison did break the secrecy required looked unto with speed. her majesty reposed him, delivering well known unto your lordships also that there unto the lords, and dealt very contemptuously upon, earnest intreaty and intercession, not naking her privy, knowing her mind
her majesty length condescended that the the contrary. For her majesty sent Mr. matter should heard and decided according Killegrew unto him, commanding him,
unto law. Whereupon, were those honourable were not sealed already, should not seal proceedings had Fotheringhay. But the ed; and after, when told her majesty residence which belonged thereunto, to-wit, was sealed already, she asked him what haste the Execution, her majesty politicly neither This act done him, being but par consented unto, nor denied, esteeming cle ticular counsellor, her majesty doth take
mency the former, nor wisdom the latter. Which course, she held from the 25th Oct. all Nov. , Dec. and Jan. During which time, most horrible conspiracies against her majes
matter hich indignity and abuse her counsellors, and thing the greatest mo
ment that ever happened since her reign, since which time never any counsellor mat ters far less importance proceeded without
Queen Elizabeth undertook make the
her resolution privity which thing she
public believe that the execution (of the Queen leaves your honours consideration for pu Scots) was done against her will, and with nishment thereof.
out her knowledge; the way she went work Davison, with comtly countenance, re was thus: Davison was the instrument she plenished with gravity, fine deliverance made use without his knowing any thing speech, but voice soinewbat low (which
the matter, act this sort Comedy. lit
excused late sickness) discreetly answered sort ensuing —My Lords, am right sorry, that an action of this nature, for the honoura ble Proceedings against the Scotish queen, might drawn into the snare, and made ac than which never was any thing more honour
tle before the Queen Scots' sentence he was made Secretary State; and very likely he was put into that post purpose, that
countable for Mary's death. Rapin, vol. able, should after the full and laudable per (Oct. Edit. ) pages 105,106. See also pages formance thereof called into question. 109, 110, 111, 112, 113, for more particulars Again, my lords, am most sorry that her of this affair. gracious highness should conceive such high
majesty continued the Scotish queen,
the lords whether her that mind for execution
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1231] STATE TRIALS, 30 Eliz. 15 87. —Arraignment of Mr. Davison, [1232
displeasure against me, as to trouble your ho To which Mr. Davison said, confess it; nours with one at this present. But as in and the Solicitor replied, Why then that was
mine actions heretofore,
have been most caution not to do without her consent: so
her majesty's com
your honours
faithful and forward
mandments; this,
vour, me bear the testimony my con
science, that have done nothing either wit
tingly willingly, but became honest
man. And therefore, first, that delivered
unto the lords without her commandinent,
against her commandment, let lawful for wittingly willingly, protest did not. me with vour honours leave protest the con And notwithstanding she sent Mr. Killegrew trary. —To that the Attorney answered, said
not that you delivered unto the lords against
her commandment, but that you knowing her
mind contrary it. —Davison that
replied, Well, then, desire have the proofs:
whereupon the Solicitor-General read his Exa
mination, wherein the sixth point sayeth,
That alter the signing and sealing made her move me think was her majesty's 1. . . eaning, not privy the sending down. —Mr. Davison were sundry and divers: first, the honour and
that answered; My good lords, the Warrant justice the cause: next, knew advertise for the execution was signed and sealed her ment from beyond the seas her majesty's majesty's express commandment; which being imminent dangers. Also was privy the so, take be irrevocable law. Where Proceedings Fotheringhay. was not igno upon, the advice the lords was sent rant the doings Parliament. Last all, down, she not being privy sending down, the rumour Invasion, the cries and tumults wherein thought dealt beseemed me: the realm, which moved me, having no ex for writs of execution do not use come press commandment the contrary, do
her majesty. That was forward, thought did. —When had said this, Mr. Solicitor read my duty, and for other reason protest; his Examination, where the second saith,
for never had any private grudge hatred When her majesty bade him use secrecy, against the Queen Scots, but respect said he would be as careful and secret as should
my country and common-weal. The Warrant need: the third, confesseth Mr. Killegrew
notwithstanding your intention was good, was foul error. Whereto Davison rejoined, She my most gracious sovereign, good mistress unto me ever any servant had, and what have had her hands, hope there fore, my lords think me not unwise
fend her, unless oversight; but that did
that should not sealed, were not
sealed already: yet proves not but that she had mind do when was sealed. She
said unto me, What haste? where answer ed, had done her majesty's command ment, and that such thing inight not dal lied withal. Now, my lords, the reasons
presented came unto him, telling him, were not and when presented my Lord Admiral sealed already should not sealed. To the will witness was sent for. The place held, seventh, after the Warrant was sealed, her ma
protested never sought for: pleased her jesty asked him, What haste? Whereto Davi
rested with me six weeks before
son answered, Though her majesty commanded
secret, and told the council
thought
confess said some lords, took be cellor must needs know forasmuch
her majesty's pleasure proceed therein, and must seal And her majesty made my Lord
appeal her majesty's own conscience Admiral privy thereunto; why then might had not cause think But she my most not make known to some others that were
gracious sovereign not my duty say, chief counsellors? To that said Mr. Attorney, she gainsay will not stand contestation Though Mr. Walsingham should know yet with her, for bescents me not, and therefore was not general. Mr. Davison answered, Nei
majesty for some gracious opinion nue Fo me thereunto. In which am assured
me keep how can
error,
ave not committed any wilful but
for that? For honest man should do; for nothing the her majesty bade me expressly shew Mr. Se world more dear me than my reputation. cretary Walsingham thereof; my Lord-Chan
submit nyself what punishment your ho ther was verbally commanded conceal
nours shall please lay upon me.
To that the Solicitor (Egerton) answered
Mr. Davison, you well extol the honour the Proceedings, for beseems you, and the truth was. But must tell you the more
from the rest. Then said the Solicitor, Ano ther matter makes against you my Lord Trea
honourable the proceedings were, the more
your contempt not making her privy.
reserving the Execution, note her majesty's testimony; and proceeded, saying, My lords, magnanimity, who not regarded the dangers the cause between her majesty and me she her own self, continue the other's life. And my gracious sovereign, and her servant, yet her wisdom therein
ed, who thought good have
with intention have clemency
* might be. not contesting with her ma you should use with great secrecy.
surer did ask you, whether was her majesty's pleasure? And you answered, Yea. To that said Davison, remember not that. The Soli citor replied, my Lord-Treasurer's testi mony. And Davison rejoined, reverence his
commend behoveth me not say, she gainsay neither
could said, contest against her; yet let me protest, that, Iny own conceit, have dealt sincerely soundly, and honestly any servant jesty you observe duty, but your means was conla do. Then spake the Lord Chief Justice great contempt; and further, she said you, England, saying, By that she asked you,
readiness, long
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1233] STATE TRIALS, Eliz. 1587-for Misprision and Contempt. [1234
What haste? You might know it was her plea Commission great persons hear what she sure to defer and therefore you could alledge her defence. And albeit that
without her commandment was great offence. upon the hearing thereof she was declared —Then spake Gawdie, the queen's Serjeant: Guilty, yet none could think Execution
My lords, four things note that Mr. Davison might done without her majesty's express confesseth; first that her majesty bade him use assent. Then dilated the proceedings secrecy; next, the Warrant being sealed, Mr. Parliament, the Petition, her Answer thereunto,
Killegrew was sent unto him, that were not wherein noted her wisdom not being sealed already, should not sealed all. hasty high matter; shewed farther, Thirdly confesseth her majesty was content how she was contented hear ambassadors,
should shew Mr. Walsingham, which proves they could propound any thing her de she minded keep from the rest. And fence. Afterward followed the Proclamation had been his duty have known her pleasure: notify the Proceedings passed unto the peo and therefore for so unuch as he Confesseth ple; for people, said he, desirous hear this, take great contempt, Indignity state-matters, and warrant you itch under and Misprision for him say his intent was stand what we do here: herein, said he, was
good; thought so, Answer. Fourthly her majesty told him, she thought some other course taken, and gave her An
justice, mercy, and discretion. Afterwards, upon the and cries, she thought ne– cessary look unto it; upon this she sealed
swer; besides, he confesseth he told the lords her warrant, yet continuing her former clemen was her majesty's pleasure upon such de cy, not put Execution; for was mand made. Davison answered, that general her grant that should done, she might
demand was made.
