their Neece the Queen of Scots that he openly own'd the claim thereof so that thenceforwards his Son and Daughter in Law used the stile in all their Acts of State Francis and Mary of Scotland England and Ireland King and Queen and caused the Arms of England to be Engraven and Painted on their Palaces Housholdstuff and Heralds-Coats And the said King Henry dying shortly after this Francis who succeeded him by the name of Francis the Second and Mary Queen of Scots by the Council of the said Guises who bore great sway in France publickly assumed to themselves the Soveraignty of England and Scotland as well as that of France and Scotland pretending to Queen Elizabeths Ambassador who complained thereof sometime that the Queen of Scots bore the Arms of England only to shew the nearness of her Blood to that Royal Line and sometimes that she did it only to cause the Queen of England to forbear bearing those of France Much dispute there was about this matter which Queen Elizabeth as she had reason resented very grievously But at last in the Year 1560. upon a Treaty at Edenborough It was amongst other matters agreed that the French King and his Wife Queen Mary should henceforwards relinquish the Title and Arms of England and Ireland But when the same came to be confirm'd in France they sought Evasions and delay'd so long that in the interim King Francis the Second not being Eighteen years old dyed and left the Queen of Scots a Widow of Nineteen who thereupon resolv'd to leave France and to return to her own Kingdom of Scotland But Throgmorton Queen Elizabeths Ambassador before she went earnestly press'd her to confirm the said Treaty of Edenborough which she refused alledging she must first consult with the Nobility of Scotland This refusal so nettled Queen Elizabeth that she refused to grant her a safe Conduct for her passage However taking the opportunity of a Fog she set Sail from Callice and passing the Channel arrived safely in Scotland From thence she sent Letters to Queen Elizabeth promising all care to make and conserve Amity with her and requesting that a lasting Peace might be made between the two Crowns And in order thereunto desired that Queen Elizabeth would in Parliament declare her her next Heir if she her self should have no issue This proposition startled Queen Elizabeth who rather look't for the confirmation of the Treaty of Edenborough which she had so often promised and therefore return'd Answer in these words That as concerning the Succssion she hoped the Queen of Scotland would not by violence take away her Crown from her and her Children if she had any She promised not to derogate any thing of her right unto the Crown of England although she had claimed the Title and Arms of England thorough the too much hasty ambition of other men for which injury it was meet that she made satisfaction By setting down her Successor she feared lest their friendship should be rather dissevered than consolidated for that unto men established in Government their Successors are alwaies suspected and hated the people such is their inconstancy upon a dislike of present things do look after the rising Sun and forsake the Sun setting and the Successors designed cannot keepwithin the bounds of Justice and Truth their own hopes and other mens lewd desires Moreover if she should confirm the Succession unto her she should thereby cut off the hope of her own security and being alive hang her Winding-sheet before her own eyes yea make her own Funeral-feast alive and see the same But this Remonstrance took but little effect and therefore sometime afterwards an Interview was projected to be had between the two Queens but after a long Treaty relinquisht the Scottish Queen refusing it unless Queen Elizabeth would adopt her her Daughter or declare her her Heir apparent by Authority of Parliament This Queen Elizabeth would not consent to but advised her to a Marriage with Robert Dudely who thereupon was made Earl of Leicester which Alliance the French rail'd upon as dishonourable and as for her matching with any Forrein Prince the Earl of Murray natural Brother to the Scots Queen diverted her from it and proposed to her Henry Lord Darnly Son to the Earl of Lenox whereunto both Love and Policy seem'd to give their suffrages for as he was one of the most proper and goodly young Gentlemen in the world so likewise was he next Heir after her to the Imperial Crown of England so that she might at once gratifie her Fancy and sortifie her Title This Noble-man was born and at this time resided in England the Earl his Father having upon the troubles in Scotland retreated thither in King Henry the Eighth's time And upon the first return of Queen Mary into Scotland Queen Elizabeth had confin'd both Father and Son for holding correspondence with her But after some time first the Father and afterwards the Son on several specious pretences got leave to go into Scotland promising to return within such a Term. Being there a Marriage was quickly concluded and solemnized between the Queen and this young Lord at which Queen Elizabeth appear'd much dissatisfied nor did their Nuptial Joys remain long un-eclips'd but discontents which as easily climb to the glorious beds of Princes as to the homely pallets of Peasants arose between them whether it were that he thought he had not enough or took upon him too much share in the Government or on some more private disgust I determine not being unwilling to follow the reports of those prejudic'd Authors who have sullied this great Princesses Fame when the respect due to the Honour of Ladies especially the Majesty of a Crowned Head ought to have taught them more modesty From what ever ground these animosities sprung they soon grew to such an unhappy height that one Evening the King attended with several others rush't into the Queens Apartment as she was at Supper and seizing upon one David Rizius a Native of Piemont by profession a Musitian but for his Wit and Dexterity receiv'd into great favour with the Queen and made a kind of Secretary they assaulted him with their naked Swords and dragging him to the door gave him several mortal wounds whereof he instantly died The Queen was then great with Child of him who was afterwards James the 1st Monarch of Great Brittain And though Providence was pleased to prevent her Miscarriage yet the sight of so dismal a Tragedy could not but surprize her with wonderful astonishment insomuch that some Philosophers will needs have it that King James retain'd an aversion to the sight of naked Weapons and attribute the same to the impressions of this unparellel'd violence Of which the King 't is said soon repented and craved the Queens pardon charging Murray and Morton as the persons that instigated him thereunto But the King himself did not long survive this Assassination for within a month or two after he himself in a tempestuous night
A BRIEF HISTORY OF THE LIFE OF Mary Queen of Scots AND The Occasions that brought Her and Thomas Duke of Norfolk to their Tragical Ends. Shewing the hopes the Papists then had of a Popish Successor in England and their Plots to accomplish them With a full ACCOUNT of the TRYALS Of that QUEEN and of the said DUKE As also the TRIAL of PHILIP HOWARD Earl of Arundel From the Papers of a Secretary of Sir Francis Walsingham Now Published by a Person of Quality LONDON Printed for Tho. Cockerill at the Sign of the Three Legs in the Poultrey over-against the Stocks-Market 1681. A Preface to the following Tryals giving a brief Hystorical Account of the Life of Mary Queen of Scots and the occasions that brought both Her and the Duke of Norfolk to their Tragical Ends and the Earl of Arundel to his Trial c. IT may seem strange or unseasonable while the Press labours daily with the present Popish Plot to trouble the world with that which concerns only Those that so long ago are past and gone But as there are too many amongst us that question the Reality of the present Conspiracy so there are not a few that deny the Truth of those heretofore Or if they acknowledge any thing either of the Powder-Treason or Babingtons Conspiracy they extenuate the same almost to nothing by alledging that they were attempted by a few Private High-Spirited Gentlemen extreamly provoked with great Injuries and bitter usage which were the only causes of their desperate Resolutions for which they themselves sufficiently suffered and that therefore their Treasons are no more to be filed to the Account of their Church c. But by the following papers I conceive these Evasions will be silenced for thereby it will appear 1. That there was during a great part of Queen Elizabeths Reign a continued Series of Popish Treasons successively though God be blessed unsuccessfully carried on and that not by a few Desperado's but by a great number of persons of the most considerable Fortunes and Abilities of the Roman Catholick Religion 2ly That the main intentive and scope of the said Conspirators as every where they declare was to root out Protestantism and set up Popery unto which Attempts they were chiefly animated by the prospect of an immediate Popish Successor viz. the said Mary Queen of Scots 3ly That the Papists then were to make use of the same Vmbrage as now they do viz. to raise Lyes and Slanders of the Puritans and prerend that they designed Rebellion only to colour their own real Treasons as appears by the Queen of Scots Letter to Babington 4ly That these fatal Councils of the Guises and Popish Priests brought that great Princess who had the misfortune to be led by them to Ruine so that by endeavouring to anticipate the Succession she not only lost it but also her Life These and several other Remarkables which no doubt the Judicious Reader will observe in the perusal occasioned the publication of the ensuing papers at this time 'T is confessed the same are not so exactly taken as the Tryals of the present Age The Ingenious Skill of Speedy and short writing being much improved since those times yet it is evident by the Manuscript that there was no little care and diligence used therein so that nothing material seems to have escaped nor do any Historians give so punctual an Account of the Transactions as these papers which before never saw the Light concerning the Authentickness and Truth of which the Antientness of the hand-writing of the Original might be a sufficient Testimony had we not another more probable Argument which is That they were lately found amongst some Ancient papers that heretofore belonged to a Secretary of Sir Francis Walsingham an eminent Minister of State at that juncture For whose use 't is very credible the same were so curiously collected Besides If any shall be be at the pains to examine them they will find them to agree in the main with the Histories of those times not only with the Learned Cambden and the rest of our own Writers but with the Great Thaunus nay with the Jesuit Strada too But for the satisfaction of those Readers that are not so conversant in History that they may the better understand what they meet with in these Tryals we conceive it will not be unwelcome to prefix a brief Account of the Life and unhappy Fortunes of the Illustrious Mary of Scotland on whose Adventures all these prosecutions did depend wherein we shall impartially state matter of Fact without the Reflections of Buchanan or intollerable flatteries of Causin the Jesuit Mary Queen of Scots was the daughter and sole Legitimate Issue of James the fifth King of Scotland and of Mary his Queen a daughter of the house of Lorrain born in December 1541. she was scarce eight dayes old when the King her Father dyed and the Scottish Nobility being divided into Factions whereof the Family of the Hamiltons and the Earl of Lenox were the respective Heads The one side supported by King Henry the eighth of England and the other by the French King Henry the second she was by her Mother who being a French-woman inclined unto that Kings Interest sent into France about five or six years of Age to learn the Accomplishments of that Court. There she was educated under the French King and the house of Guise her Uncles who being desperate Enemies to the Reformation seasoned her with violent principles against the Protestant Religion she was a Lady very proper and beautiful of a great Wit and Courage beyond her Sex These Advantages and much more several important Reasons of State induced the French King to conclude her a fit Match for his Son the Dauphin For hereby they thought themselves not only sure to unite the Kingdoms of France and Scotland she being Sovereign Queen of the latter as he was Heir apparent to the former but also had a prospect of the Crown of England looking upon this Mary of Scotland as Great Grand-child to King Henry the seventh to be the next Heiress thereunto after Mary who had by this time mounted the English Throne For as for her sister Elizabeth they not only knew her to be one they called an Heretick but also gave out she was Illegitimate and so on both Accounts represented her as uncapable to succeed Hereupon a Marriage was solemnized between the Dauphin and this Princess Apr. 24th 1588. in Nostredam Church at Paris On the 27th of November following Queen Mary of England after a short Reign rendred infamous to all Posterity by the Butcheries committed on Protestants departed this Life And though Elizabeth according to her undoubted Right was with the general consent and applause of the Lords Commons and all the people proclaimed Queen and most happily succeeded her in the Throne yet had the Guises inveigled the French-King into such strong hopes of adjoyning England to the Crown of France by the aforesaid Title of
procure the Estates of Scotland to confirm them by publick Authority 7. The King himself also should ratifie them by Oath and by writing 8. And that Hostages should be given But these Consultations proved Abortive the Scots rejecting them and besides Queen Elizabeth had notice that Holt an English Jesuit was sesecretly sent into Scotland not without the Scottish Queens privity as was suggested to use means there for an Invasion of England And indeed the Queen of Scots was too much addicted to and influenced by the Jesuites and their Councils who as they made use of her name to colour their traiterous designs against Queen Elizabeth and therefore gave out as if they had acted out of pure zeal to the Family of the Stuarts as many of them will boast to this very day yet 't is plain that in all these stirs they really minded nothing but their own Interest for when they met with so many disappointments in their Plots to bring the said Scottish Queen before her time to the English Crown and withal despaired of turning her Son King James to their Religion they presently began to start variety of new Titles witness Parsons alias Doleman's Book of Succession and other Pamphlets by them flung abroad about those times Nay 't is more than suspected that as they egg'd on the Scottish Queen to ill practises against Queen Elizabeth so when they had done imitating their Father the Devil who first tempts and then accuses they betray'd her too by making a secret discovery of those very Conspiracies in which they themselves had engag'd her and so were treacherously instrumental to hasten her death hoping to take off Queen Elizabeth and put by King James and play a new Game more for their advantage with some other Pretender as will more fully appear by and by But to return in the mean time to our History King James being as you heard in little better Condition than that of a Prisoner to Earl Gowry and his Confederates or at least esteeming himself as such on a sudden with a small Company conveyed himself to the Castle of St. Andrews being then about 18 years of Age to whom several of the Nobility with armed Troops repaired and then he began to exercise his Royal Authority of himself and declared in a great Assembly of the States the Force before upon him to have been traiterously imposed yet thought it most safe not to proceed with Rigour against his Surprizers only advising them to depart the Court and promised them pardon if they would ask it within a time limited which they declining fled some into England and others into other parts only Gowry attempting a new Conspiracy soon after lost his life It was now the year 1584. And in England divers lewd Books were spread by the Jesuits and other Popish Factors asserting that Princes Excommunicated as Queen Elizabeth for sometime before had been by the Pope were not to have any Allegiance paid unto them but ought to be deposed c. These Seeds soon ripen'd into rank fruits of Treason and Rebellion and had so far intoxicated one Sommervile a Popish Gentleman that coming privately to Court and full of rage against all Protestants he with his drawn Sword assaulted several persons and being apprehended declared like a stout Roman Champion that he would murder the Queen with his own hands whereupon he and one Arden an ancient Warwick-shire Gentleman his Father in Law were executed but Hall a Priest that excited them to this madness got a Reprieve Likewise one Throgmorton eldest Son of John Throgmorton Chief Justice of Chester was discovered by intercepted Letters directed to the Queen of Scots to have entertain'd Treasonable correspondencies with Popish Princes beyond the Seas and chiefly with the Guises who had resolv'd to invade England and free the Queen of Scots And for raising of money to carry on the work here one Paget under the counterfeit name of Mope was sent into Sussex where the Forreiners were first to Land and to facilitate their purposes he had prepar'd two Catalogues found in his Chests one of the names and descriptions of all the Ports of England the other of the Nobilitry and Gentry that favoured the Romish Religion and that he had communicated all this to Mendoza the Spanish Ambassador then in England whereupon he was condemned and though he had twice confess'd the fact yet like our Modern Popish Traitors at the Gallows he stoutly deny'd all and would needs be thought to dye as innocent as the child unborn However Mendoza having thus violated and forfeited the Priviledg of an Ambassador was commanded forthwith to depart with shame at which the Spanish Court being dissatisfied the Queen sent over Sir William Wade to justify the Action But the King of Spain not admitting him into his presence but slightingly putting him off to his Ministers he in disdain refus'd to communicate it at all and so returned home unheard whereby a greater animosity arose between the two Crowns Nor were the Popish party less busy in fomenting disturbances in Ireland where Dr. Saunders that had wrote several Pestilent Books having drawn in the Earl of Desmond to Rebellion and finding him defeated and his Head sent into England died miserably of famine as he roamed up and down the Mountains guilty and desperate as Cain fearing each man he met would deservedly slay him Likewise about the same time Providence was pleas'd in a wonderful manner to make a discovery of some other practises in agitation against Queen Elizabeth for one Creighton a Scottish Jesuit sailing in a small Vessel from the Low-Countries to Scotland certain Sea-rovers of Holland which then was revolted and at enmity with the rest of the Subjects of the Spanish King happening to come up with them took the said Ship and though the Jesuit to conceal his Instructions and mischievous errand tore several of his Papers to pieces and flung them over-board yet the wind miraculously as he himself confest afterwards drove them back again and cast them upon the Deck which the Hollanders perceiving and imagining that they might be of consequence gather'd them up carefully and sent them to England where by the great skill and industry of Sir William Wade they were so join'd together again that the Contents were legible and the Conspiracies on foot detected The good Subjects of England finding their Country in this danger from abroad and the life of their Queen whereon the safety of their Religion and Liberties did seem at that juncture wholly under God to depend daily attempted by various Plots and Machinations at home all carried on by Papists out of a prospect of a Popish Successor did think fit of their own accord solemnly to oblige themselves each to other for her safety and to revenge her death on any that should occasion it which agreement they call'd an Association and was entred into by abundance of persons of all ranks and conditions throughout the Nation The Tenor whereof was
well concerning the disallowing excluding or disabling any person that may or shall pretend any Title to come to the Crown of this Realm as also for the pursuing and taking revenge of any such wicked act or attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true intent and meaning of this Act and not otherwise nor against any other person or persons The Scottish Queen was too quick sighted not to perceive that this Association was an Arrow level'd principally against her yet whether push't on by the greatness of her spirit or the blindness of her Fate or rather seduc'd by affording an ear as well to the treacherous counsel of her enemies as unto the pernicious devices of her friends she was still busy in Intrigues for procuring her Liberty and particularly Queen Elizabeth had private informations from one Hart a Romish Priest that Dr. Allen a Popish Fugitive advanc'd by the Pope to the Cardinalate for the Popish Ecclesiasticks of England and Sir Francis Inglefeild for the Laity and the Bishop of Rosse for the Queen of Scotland had unanimously undertaken and with the authority of the Pope and consent of the King of Spain decreed that Q. Elizabeth should be deposed and the King of Scotland disinherited of the Kingdom of England as being both manifest and notorious Hereticks and the Queen of Scots to be married to some Catholick Nobleman who should be chosen King of England by the English Catholicks and the Election ratified by the Pope and the lawful issue of this man by the Queen of Scotland to be declared Successors to the Crown c. But these were only remote and vnfledg'd projects there was another dangerous Conspiracy somewhat of the same complexion nearer hand and almost ripen'd for execution which in the year 1586. happily for Queen Elizabeth but as to the Queen of Scots fatally discovered which in short was thus One Gifford a Dr. of Popish Divinity had perswaded one John Savage a man of great courage and blind zeal that it was a meritorious work to take away the lives of Princes excommunicated who thereupon made a solemn Vow to kill Queen Elizabeth To render his attempt more feasible and to rock the Queen and her Council into security that the danger might so much the more certainly overwhelm them by how much it was less apprehended the Jesuits and Seminary Priests publish't a Book exhorting the Roman Catholicks in England to attempt nothing against their Prince and to use only the Christian weapons prayers and tears c. In the mean time Savage waiting his opportunity one Ballard a Priest that had been contriving in France with Mendoza Paget and others about invading of England came over as a Soldier by the name of Captain Foscu and being not unacquainted with Savage's design communicated the same to Mr. Anthony Babington a Derby-shire Gentleman of an ancient Family Rich very handsom of an excellent Wit Learned above his years and a zealous Papist who having lately been abroad the Archbishop of Glasgow the Scottish Queens Ambassador had engag'd him with continual applauses of that Queens Vertue and Beauty and of promises of honours and preferments from her obscurely intimating no less than hopes of Marriage whereby the ambitious young man resolv'd to run all adventures to render himself capable of her good Graces nor was that Queen wanting to give encouragement by holding a correspondence with him by Letters in Cipher which though for some time interrupted by her removal from the Charge of the Earl of Shrewsbury to the Custody of Amias Paulet and Sir Drew Drury was yet renewed again some time after as by the Letters in the following Sheets appears Babington being thus inform'd of Savage's Vow resolving to have the murder of Queen Elizabeth effectually perform'd would needs associate Five more with him for that attempt and also drew in divers other Popish Gentlemen no less fiery zealous than himself into the Conspiracy as Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a good Family in Denbyshire Charles Tilney of an ancient worshipful House the only hope of his Family and one of the Gentlemen-Pensioners to Queen Elizabeth the last Two being lately reconciled to the Church of Rome by the said Ballard Chidiock Tichburn of Hampshire Edward Abington whose Father had been Cofferer to the Queen Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father had been Tailor to Queen Mary one Barnwell of an honourable Family in Ireland Henry Dun a Clerk in the First-Fruits-Office and several others but those that were to assassinate Queen Elizabeth were the before-named Savage Abington Barnwell Tilney and Tichburn the Conspirators were all Sworn to Secrecy and had several Consults as in Pauls-Church St. Giles in the Fields and in divers Taverns and proceeded to that vanity that they had also their Pictures drawn to the Life all in one Table with Babington in the midst thus Circumscrib'd Hi mihi sunt Comites quos ipsa pericula jungunt But that Verse being thought too plain they removed it and instead thereof inserted this Motto Quorsum haec alió properantibus The Plot being thus laid to murder Queen Elizabeth and at the same instant to free the Queen of Scots Forrein Forces to land Rebels at home ready to joyn with them and all things in so forward a posture it will be convenient to observe how this desperate Contrivance was brought to nought The before-mentioned Gifford the Priest born in Stafford-shire not far from Chartley where the Queen of Scotland was kept was sent over about this time by the Fugitives into England under the counterfeit name of Luson to remember Savage of his Oath and secrerly to convey Letters to and fro between the Queen and her Correspondents which for some time he performed for by corrupting a Brewer belonging to Amias Paulet at a hole in a Wall into which a stone was put so that it might be taken out he secretly sent in and receiv'd back Letters but the said Gifford whether troubled in conscience or corrupted with bribes or terrified through fear or which I esteem more probable appointed so to do that he might precipitate the Queen to destruction disclosed the whole Intrigue to Secretary Walsingham and communicated to him all the Letters that either way he receiv'd who unseal'd and Copied them and then by the rare skill of one Phillips found out a Key to the Ciphers and by the dexterity of one Gregory sealed them up again so that they could not be perceiv'd to have been open'd and then dispatch't them away as directed Queen Elizabeth by this means having notice of the storm that hung over her head thought fit to prevent it in time and when Walsingham would have suffered them to have proceeded further the Queen refused lest as she said in not taking heed of danger when she might she should seem more to
person and conservation of my life done I protest to God before I heard it or ever thought of such a matter until a great number of hands with many obligations were shewed me which as I do acknowledg as a perfect argument of your true hearts and great zeal to my safety so shall my bond be stronger tied to greater care for all your good But forasmuch as this matter is rare weighty and of great consequence I think you do not look for any present resolution the rather for that as it is not my manner in matters of farless moment to give speedy answer without due consideration so in this of such importance I think it very requisite with earnest prayers to beseech the Divine Majesty so to illuminate my understanding and inspire me with his grace as I may determine that which shall serve to the establishment of his Church preservation of your Estates and the prosperity of this Commonwealth under my charge wherein for that I know delay is dangerous you shall have with all conveniency our resolution delivered by our Message Soon after this her Majesty sent to both Houses earnestly charging them to consider of some expedients whereby she might spare the Scottish Queen and yet preserve her own Life and State who having severally in their respective Houses and jointly at several Conferences debated the same concluded Nemine contra dicente That there was no other effectual means or expedient could be sound out for continuance of the Christian Religion I use herein their own words quiet of the Realm and safety of her Majesties Person than that which was contained in their former Petition Which was back't by another Speech of the Speaker of the Commons assigning by the direction of the House these Reasons for such their resolution viz. That if her Majesty should be safe without taking away the life of the Scottish Queen the same were most probably by one of these means following viz. 1. That happily she might be reclaimed and become a Repentant-Convert assigning her Majesties great mercy and favours in remitting her heinous offences and by her Loyalty hereafter perform the fruits of such Conversion 2. Or else by a more streight Guard be so kept as there should be no fear of the like attempts hereafter 3. Or that good assurance might be given by Oath Bonds or Hostages as cautions for her good and loyal demeanour from henceforth 4. Or lastly by Banishment the Realm might be voided of her Person and thereby the perils further removed that grow to her Majesty by her Presence All which being duly pondered did yet appear so light in all their Judgments that they durst not advise any security to rest in any no not in all of them For 1. Touching her Conversion it was considered That if Piety or Duty could have restrained her from such heinous Attempts there was cause enough ministred to her on her Majesties behalf when she not only protected her against the violence of her own Subjects who pursued her to death by Justice but covered her Honour when the same by publick Fame was touched and the very Heinous and Capital Crimes objected against her before certain Commissary Delegates assigned to examine the same and spared her Life when for her former Conspiracies and Confederacies with the Northern Rebels Her Highness was with great Instance pressed by both Houses in the 14th year of her Majesties Reign to do like justice upon her as is now desired and as her Treasonable practises then had most justly deserved And whereas the Penalty of this Act sufficiently notified unto her should have terrified her from so wicked attempts she hath nevertheless insisted in her former practises as a person obdurate in Malice against her Majesty and irrecoverable so as there was no probable hope of any Conversion but rather great doubt and fear of Relapse forasmuch as she stood obstinately in the denial of matter most evidently proved and now most justly sentenced against her and was not entred into the first part of Repentance the Recognition of her offence and so much the farther off from the true fruits that should accompany the same 2. As for a surer Guard and more strait Imprisonment it was resolved That there was no security therein nor yet in the two other means propounded of Bonds and Hostages For asmuch as the same means that should be practised to take her Majesties Life away which God forbid would aptly serve both for the Delivery of her Person and Release of the Bonds and Hostages that should be given for Cautions in that behalf which being unhappily atchieved and to our irrepairable loss who should sue the Bonds or detain the Hostages or being detained what proportion was there in Bonds or Hostages whatsoever to countervail the value of so precious and inestimable a Jewel as her Majesty is to this Realm 3. But she will solemnly vow and take an Oath that she will not attempt any thing to the hurt of her Majesties Person She hath already sundry times falsified her Word her Writing and her Oath and holdeth it for an Article of Religion That Faith is not to be holden with Hereticks of which sort she accounteth your Majesty and all the professers of the Gospel to be and therefore have we little reason to trust her in that whereof she maketh so small a conscience 4. As for Banishment that were a stop à malo in pejus to set her at liberty a thing so greatly desired and thirsted for by her Adherents and by some Princes her Allies who sought her Enlargement chiefly to make her a Head to set up against her Majesty in time of Invasion And therefore her Majesties Death being so earnestly sought for Advancement of this Competitor Her Highness could not remain in quietness or security if the Scottish Queen should longer continue her Life Yet notwithstanding all these Applications and Reasons the Queen suspended her Resolution and Answered this second Address with a Reserv'd Speech which at once express'd her Love and Tenderness to her Kinswoman and her Regards to the safety of her People protesting That she was so far from Cruelty that for her own Life she would not touch Hers and that her Care had not been so much how to preserve her self as both which she was sorry was become so hard or rather impossible and therefore concluded That as she conceived their Consultations Wise Honourable and Consciencious so she desired for the present to suspend her positive Answer c. So far was this Pious Queen perplext in this Affair that she abandon'd the Comforts of Society and would oft sit solitary without speaking a word to any But at last delivered to Davison one of her Secretaries a Warrant signed with her own hand for the Issuing a Commission under the Great Seal of England for the Queen of Scots Execution that it might be ready upon any Imminent danger yet charging him not to acquaint any therewith And the very next
Ireland c. To our trusty and well-beloved Cousins George Earl of Sbrewsbury Earl Marshal of England Henry Earl of Kent Henry Earl of Darby George Earl of Comberland and Henry Earl of Pembrook greeting c. Whereas sithence the Sentence given by you and others of our Council Nobility and Judges against the Queen of Scots by the name of Mary the Daughter of James the 5th late King of Scots commonly called the Queen of Scots and Dowager of France as to you is well known All the States in the last Parliament assembled did not only deliberately by great advice allow and approve the same Sentence as just and honourable but also with all humbleness and earnestness possible at sundry times require solicit and press us to direct such further execution against her Person as they did adjudg her to have daily deserved adding thereunto that the forbearing thereof was and would be daily certain and undoubted danger not only unto our own life but also unto themselves their posterity and the publick estate of this Realm as well for the Cause of the Gospel and true Religion of Christ as for the Peace of the whole Realm whereupon we did although the same were with some delay of time publish the same sentence by our Proclamation yet hitherto have forborn to give direction for the further satisfaction of the aforesaid most earnest requests made by our said States of our Parliament whereby we do daily understand by all sorts of our loving subjects both of our Nobility and Councel and also of the wisest greatest and best devoted of all Subjects of inferiour degrees how greatly and deeply from the bottom of their hearts they are grieved and afflicted with daily yea hourly fears of our life and thereby consequently with a dreadful doubt and expectation of the ruin of the present happy and godly estate of this Realm if we should forbear the further final execution as it is deserved and neglect their general and continual requests prayers counsels and advices and thereupon contrary to our natural disposition in such case being overcome with the evident weight of their counsels and their daily intercessions importing such a necessity as appeareth directly tending to the safety not only of our self but also to the weal of our whole Realm We have condescended to suffer Justice to take place and for the execution thereof upon the special trusty experience and confidence which we have of your loyalties faithfulness and love both toward our Person and the safety thereof and also to your native Countries whereof you are most noble and principal members we do will and by Warrant hereof do Authorize you as soon as you shall have time convenient to repair to our Castle of Fotheringhay where the said Queen of Scots is in custody of our right trusty and faithful servant and Councellor Sir Amias Paulet Knight and then taking her into your charge to cause by your Commandment execution to be done upon her Person in the presence of your selves and the aforesaid Sir Amias Paulet and of such other Officers of Justice as you shall command to attend upon you for that purpose and the same to be done in such manner and form and at such time and place and by such persons as to five four or three of you shall be thought by your discretions convenient notwithstanding any Law Statute or Ordinance to the contrary And these our Letters Patents sealed with our great Seal of England shall be to you and every of you and to all persons that shall be present or that shall be by you commanded to do any thing appertaining to the aforesaid execution a full sufficient Warrant and discharge for ever And further we are also pleased and contented and hereby we do will command and authorise our Chancellor of England at the requests of you all and every of you the duplicate of our Letters Patents to be to all purposes made dated and sealed with our great Seal of England as these presents now are In witness whereof we have caused these our Letters to be made Patents Yeoven at our Mannor of Greenwich the 1st day of February in the 29th year of our Reign First After she was brought down by the Sheriff to the place prepared in the Hall for that purpose by the commandment of the Earls of Shrewsbury Octavo die Feb. 1586. and Kent her Majesties Commission aforesaid was openly read Then according to a direction given to Dr. Fletcher Dean of Peterborough he was willed to use some short and pithy Speech which might tend to admonish her of the nearness of her end and the only means of salvation in Christ Jesus As soon as he began to speak she interrupted him saying she was a Catholick and that it was but a folly being so resolutely determined as she was to move her otherwise and that our prayers could do her little good On Wednesday the 8th of February 1586. there assembled at the Castle of Fotheringhay the Earls of Shrewsbury and Kent with divers Knights The Assembly of the Lords at the death of the Queen of Scots and Gentlemen Justices of Peace in the Counties there and about Eight of the Clock the Earls and the Sheriff of the Shire went up to the Scottish Queen whom they found praying on her knees with her Gentlewomen and men and the Sheriff remembring her the time was at hand she rose up and said she was ready then was she led by the arms from her Chamber unto the Chamber of Presence where with many exhortations to fear God and live in obedience kissing her women and giving her hand to her men to kiss praying them all not to sorrow but to rejoice and pray for her she was brought down the Stairs by two Souldiers and being below and looking back she said she was evil attended and besought the Lords that she might for womanhood sake have two of her women to wait upon her they said they were only withheld for that it was feared by their passionate crying they would much disquiet her spirit and disturb the execution then she said I will promise for them they will do neither so two whom she willed were brought in to her Then she spake much to Melin her man and charged him as he would answer before God to deliver her Speeches and Messages to her Son in such sort as she did deliver them All which tended to will him to govern wisely and in the fear of God to take heed to whom he betook his chiefest trust and not to give occasions to be evil thought on by the Queen of England her good Sister And to certifie him she died a true Scot true French and true Catholick And about 10 of the Clock she was brought into the great Hall where in the midst of the Hall and against the Chimney in which was a great fire was a Scaffold set up of two Foot high and Twelve Foot broad having two Steps to come up
whosoever was Reconciled to the Pope from the obedience of the Queens Majesty was in case of Treason My Lord confessed that Bridges did confess him but not reconcile him in Earl any such sort but only for absolution of his sins Mr. Popham charged him that he did once submit himself but Sithence Popham fell from his submission and therefore practised new Treasons He confessed he was acquainted with the Priests and by two of them had been absolved and confessed Earl Sithence which time said Mr. Popham he came to the Church and fell to Popham the Catholick Cause again which he cannot do by their Order unless he be Reconciled My Lord denyed that ever he came to the Church after that time There was a Letter sent to the Queen of Scots by Morgan of France in Commendation of two Priests wherein he saith one of them had reconciled Morgan of France the Earl of Arundel Edmonds a Priest upon Examination said that Reconciliation was odious Edmonds a Priest Earl My Lord said these be but Allegations and Circumstances and that they ought to be proved by two Witnesses It was justified he said once in the Star-Chamber amongst the Lords there assembled concerning a Libel there in Question that whosoever was a Priest or Papist was an arrant Traytor Mr. Popham said it was a discontentment made my Lord a Catholick and Popham not Religion and that he did disguise himself in shadow of Religion There was a Picture shewed that was found in my Lords Trunk wherein Picture was painted a Hand bitten with a Serpent shaking the Serpent into the fire about which was written this Poesie quis contra nos on the other side was painted a Lyon Rampant with his Forces all bloody with this Poesie tamen Leo my Lord said one Wilgrave his man gave him the same with a pair of Hangers for a New years gift One Jonas Meridith being examined c. by way of Communication with a Towns-man who commended my Lord of Arundel for his forwardness Meridith in that he had often observed my Lord at Pauls Cross This Jonas answered that he knew he had often been at Pauls-Cross in the Fore-noon and hath heard a Mass with him at the Charter-house in the afternoon To this my Lord said nothing but seemed to deny it My Lord being examined in the Tower of his sudden going away to Sea Earl he answered to serve the Prince of Parma or whither Dr. Allen should direct him for the Cause Catholick My Lord said also he was going away for fear of some Statute should be made in the 22d of this Queens Reign against the Catholicks in that Parliament and that Dr. Allen advised him that he should not come over if he could tarry here in any safety because he might be the better able to make a Party in England when they came Before my Lords going to Sea he writ a Letter to be given the Queen after he was gone wherein he found fault with her hard dealing in giving countenance to his Adversaries and in disgracing him and that he was discontented with the Injustice of the Realm towards his great Grand-Father his Grand-Father and his Father My Lord said Hollinshead was faulty for setting forth in his Chronicle that his Grand-Father was attainted by Act of Parliament but shewed no Hollinshead cause wherefore He said in his Letter his Grand-Father was condemned for such trifies that the people standing by were amazed at it he found fault also with the proceedings against his Father Whereby 't is apparent said Mr Popham 't was discontentment moved my Lord and not Religion and fearing lest his friends should think amiss of him Popham he left a Copy of his Letter with Bridges a Traytor to be dispersed to make the Catholicks to think well of him for said Mr. Popham being discontented he became a Catholick and being so great a man he became a Captain of the Catholicks which is as much as to be a Captain over Traytors A Counterfeit Letter was made 22 dayes before his going to Sea directed to one Baker at Linne there being no such man abiding wherein was signified A Counterfe it Letter that my Lord was very hardly dealt withal by some of the Council and that he was gone into Sussex and a farther Voyage and that he would come home by Norfolk This was a Counterfeit Letter said Mr. Attorney appointed by my Lord Mr. Attorney to be dispersed to make it known he was discontented Also Allen sent a Letter to the Queen of Scots in Ciphers shewing a great party in England Allen sent my Lord word if he did come over he must take a greater Title than that of Earl upon him and therefore my Lord in this stile To Philip Duke of Norfolk Earl of Arundel Babington in his examination said the Queen of Scots sent him word that the Earl of Arundel was a fit man to be a chief Head for the Catholicks Babington Allen sent word to Rome that the Bull which was last sent over into England Allen. was at the Intercession of a great man in England My Lord said Mr. Popham was one of the principallest and acquainted Popham thus far with Allen Ergo my Lord of Arundel that great man Dr. Allen made a most villanous and slanderous Book which was very hard to be got in which was contained that the Earl of Arundel was a procurer of the last Bull and the procurer of the Invasion also the Bull it self was some part read and the Book was part read also My Lord being charged on his confession being examined why he would be ruled thus by Dr. Allen he excused it by saying that he said he would Earl be ruled by Allen in all things saving in that did concern her Majesty and the State and thereupon appealed to my Lord Chancellor and Sir Walter Mildmay who were not present Sir Christopher Hatton Lord Chancellour The Book aforesaid intended that my Lord was a practiser with Allen about the Invasion Then said my Lord he would serve the Queen against all Princes Pope Earl or Potentates whatsoever The Queens Sollicitor stood upon these points and because it was proved Mr. Sollicitor that the Earl of Arundel would be ruled by Allen in any thing that should concern the Catholick Cause And for that Dr. Allen hath since that time practised divers monstrous Treasons and continually hath built upon the help of some chief man in England there is none yet known of his degree that hath any thing to do with Allen and therefore my Lord must needs be culpable of all the Treasons Allen hath practised and procured in flying to Allen to serve the Prince of Parma ut antea My Lord was charged with relieving of divers Traytors as Priests and that he did converse and was confederate with divers and sundry Traytors attainted indicted and suspected being Prisoners in
tending to the hurt of her Majesties Royal Person by any person or with the privity of any person that shall or may pretend Title to the Crown of this Realm THAT then by her Majesties Commission under her Great Seal the Lords and other of her Highnesses Privy Council and such other Lords of Parliament to be named by her Majesty as with the said Privy Council shall come up to the number of four and twenty at the least having with them for their assistance in that behalf such of the Judges of the Courts of Record at Westminster as her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by vertue of the Act have Authority to Examine all and every the offences aforesaid and all circumstances thereof and thereupon to give sentence or judgment as upon good proof the matter shall appear unto them And that after such sentence or judgment given and declaration thereof made and published by her Majesties Proclamation under the Great Seal of England all persons against whom such sentence or judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all her Highnesses Subjects shall and may lawfully by vertue of this Act and her Majesties direction in that behalf by all forcible and possible means pursue to death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked act attempted or other thing compassed or imagined against her Majesties Person and all their Aiders Comforters and Abettors And if any such detestable act shall be executed against her Highness most Royal Person whereby her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by vertue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or any other her Highnesses Dominions any former Law or Statute to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other her Majesties Dominions shall and may lawfully by vertue of this Act by all forceable and possible means pursue to the death every such wicked person by whom or by whose means any such detestable fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any assenting or privy to the same and all their aiders comforters and abettors in that behalf And to the end that the intention of this Law may be effectually executed if her Majesties Life be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid that the Lords and others which shall be of her Majesties Privy-Council at the time of such her decease or the more part of the same Council joyning unto them for their assistance Five other Earls and Seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of her Majesties death or in default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of her Highnesses decease to supply their places or any Four and Twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy-Council shall to the uttermost of their power and skill examine the cause and maner of such her Majesties death and what persons shall be any way Guilty thereof and all circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forceable and possible means prosecute to death all their Alders and Abettors and for the doing thereof and for the withstanding and suppressing all such power and force as shall be any way levied or stirred in disturbance of the due execution of this Law shall by vertue of this Act have power and authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied and stirred in disturbance of the due execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the effect and true meaning of the same that then every such person shall by vertue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further enacted by the Authority aforesaid That all and every the Subjects of all her Majesties Realms and Dominions shall to the uttermost of their power aid and assist the said Council and all other the Lords and other persons to be adjoyned to them for assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor hereof any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one uniform manner of writing under their hands and Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious actions and attempts against her Majesties most Royal Person Now for the full explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any Sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it declared and enacted by the Authority of this present Parliament that the same Association and every Article and Sentence therein contained as
for that her malice appeareth such that she maketh as it were her Testament of the same to be executed after her death and appointeth her Executors to perform it 3. She openly and boldly professed it lawful for her to move Invasion upon you and therefore as of Invasion victory may ensue and of victory the death of the vanquished so did she thereby not obscurely bewray that she thought it lawful for her to destroy your Sacred Person 4. She thinks it not only lawful but honourable also and meritorious to take your life from you as being already deprived of your Crown by the Excommunication of the Holy Father and therefore it is like she will as hitherto she hath done continually seek it by whatsoever means 5. That she is greedy of your Majesties death and preferred it before her own life and safety For in her direction to one of her late Complices she advised under covert terms that whatsoever should become of her that Tragical Execution should be perform'd on you Secondly Touching the danger of the overthrow of the true Religion 1. It is most perilous to spare her that continually hath sought the overthrow and suppression of true Religion infected with Popery from her tender youth and being after confederate in that Holy League when she came to age and ever since a professed enemy against the Truth 2. She resteth wholly upon Popish hopes to deliver and advance her and is thereby so devoted to that profession that as well for satisfaction of others as for feeding of her own humour she will supplant the Gospel where and whensoever she may which evil is so much the greater and the more to be avoided as that it slayeth the very soul and will spread it self not only over England and Scotland but also in those parts beyond Sea where the Gospel of God is maintained the which cannot but be exceedingly weakned by the defection of this Noble Island Thirdly Touching the peril of the state of the Realm 1. As the Lydians said Unum Regem agnoscunt Lydi duos autem tolerare non possunt so we say Unicam Reginam Elizabethem agnoscunt Angli duas autem tolerare non possunt 2. As she hath already by her allurements brought to destruction more Noblemen and their houses together with a greater multitude of the Commons of this Realm during her being here than she should have been able to do if she had been in possession of her own Crown and armed in the Field against us so will she be the continual cause of the like spoils to the greater loss and peril of this Estate and therefore this Realm neither can nor may endure her 3. Again She is the only hope of all discontented Subjects she is the foundation whereon all the evil-disposed do build she is the Root from whence all Rebellions and Treacheries do spring and therefore whilst this hope lasteth this foundation standeth and this Root liveth they will retain heart and set on foot all their devises against the Realm which otherwise will fall away die and come to nothing 4. Mercy now in this case towards her would in the end prove Cruelty against us all Nam est quaedam Crudelis Misericordia and therefore to spare her is to spill us 5. Besides It will exceedingly grieve and in a manner deadly wound the hearts of all good Subjects of your Land if they shall see a Conspiracy so horrible not condignly punished 6. Thousands of your Majesties most Leige and Loving Subjects of all sorts and degrees that in a tender zeal of your Majesties safety have most willingly both by open Subscription and solemn Vow entered into a firm and loyal Association and have thereby protested to pursue unto the death by all forcible and possible means such as she is by just Sentence found to be can neither discharge their love nor well save their Oaths if your Majesty shall keep her alive of which burden your Majesties Subjects are most desirous to be relieved as the same may be if Justice be done 7. Lastly Your Majesties most loving and dutiful Commons doubt not but as your Majesty is duly exercised in reading the Book of God so it will please you to call to your Princely remembrance how fearful the examples of Gods vengeance be that are to be found against King Saul for sparing King Agag and against King Ahab for saving the life of Benhadad both which were by the just Judgment of God deprived of their Kingdoms for sparing those wicked Princes whom God had delivered into their hands of purpose to be slain by them as by the Ministers of his Eternal and Divine Justice wherein full wisely Solomon proceeded to punishment when he took the life of his own natural elder Brother Adonias for the only intention of a Marriage that gave suspition of Treason against him Herein We your Majesties most loving and dutiful Subjects earnestly depend upon your Princely resolution which we assure our selves shall be to God most acceptable and to us no other than the state of your Regal Authority may afford us and the approved Arguments of your tender care for our safety under your Charge doth promise to our expectation To this Address the Queen returned Answer in a large Speech soon after Printed and too long here to recite but amongst other things she used these expressions Albeit I find my life hath been dangerously sought and my death contrived without desert yet I am therein so clear from malice as I protest it is and hath been to me the greatest grief that one not different in Sex of like Estate and near of kin should fall into so great a crime yea I had so little purpose to pursue her with malice that as it is not unknown to some of my Lords here I secretly wrote her a Better upon the discovery of several Treasons that if she would privately acknowledg them by her Letters to my self she should never be called so publickly in question for them neither did I that to circumvent her for I knew then as much as she could confess and so did I write And if even yet now that the matter is made but too apparent I thought she truly would repent as perhaps she would easily appear in outward shew to do and that for her none other would take the matter upon them or that but mine own life only were in danger and not the whole estate of your Religion and well doings I protest I would most willingly pardon and remit this offence Or if by my death other Nations and Kingdoms might say that this Realm had attained an ever prosperous and flourishing Estate I would I assure you not desire to live but gladly give my life to the end it might procure you a better Prince I am not unmindful of your Oath made in the Association manifesting your great good wills and affections taken and entred into upon good Conscience and true knowledg of the guilt for safety of my
Act to be made that is to have such her Protest Registred by Publick Notaries and required her own Servants to bear her witness of it The Lord Chancellour again protested against that Protestation Lord Chancellour That it should in no wise be prejudicial to the Queens Majesty nor to the Crown of England and that they all on the behalf of her Majesty required the same to be likewise enacted or Registred Then Mr. Powel Clerk of the Crown read the Commission grounded Mr. Powel upon the Statute 27 Eliz. The Commission being read the Queen said I protest that this Law is insufficient and therefore I cannot submit my self unto it Then the Lord Treasurer avouched and justified the Law to be sufficient to Lord Treasurer named Sir William Cecil Queen of Scots proceed against her To whom she replyed that the Law was not made against her The Lord Treasurer said we have Commission to proceed and if Lo. Treasurer you will not hear we will proceed against you herein Then she said I will both hear and Answer Qu. of Scots Then arose Serjeant Gawdy and declared the Statute and then inferred that the Queen of Scots there present had offended against both Serjeant Gawdy the Branches thereof viz. That she had been both privy to the Conspiracy of killing the Queens Majesty and also had her self practised to compass the same and so ript up the whole Complot from Ballard's first coming into this Ballard a Traytor Qu. of Scots Mr. Puckering Babington a Traytor Qu. of Scots Realm When the Serjeant said the Queen present was both a mover and a compasser she bowed her Body and smiled Then Serjeant Puckering pursued the rest of Babington's Letters to her and her answer again The Queen answered She never had seen Babington nor ever had Speech with him nor ever received Letters from him and that she could stop no man to go beyond the Seas But let any man said she in England come and say that I ever did any thing against the Queens Life Then Sands the Clerk of the Crown read Babinton's Confession and Sands Babington's Confession Serjeant Puckering opened the points The Queen said That being kept from all Intelligence of her Friends Qu. of Scots and of her Son it may be she might desire Intelligence but if any other man hath done or practised any thing it is no matter to that purpose There be some that send me Letters and I know them not nor from whence they come The Clerk of the Crown read again Babington's Confession Clerk of the Crown Qu. of Scots The Queen said again I never wot of any such Letter Then was read the Letter of Anthony Babington To which she said If Anthony Babington and all the world say it they lye but I would see my own Hand writing And to Babington's Letters to her she said I never saw that Letter nor never heard of it The Lord Treasurer proved the receipt of Babington's Letter and the Serjeant shewed an answer to Babington's Letter from her in the same Lo. Treasurer Serjeant Puckering Cypher sent by a Serving man in a blew Coat and so opened all the points of her answer to Babington When mention was made of the Earl of Arundel she wept and blubber'd Qu. of Scots out saying Wo is me that your House hath suffered so much for my sake and after having blubber'd a time she said if ever I made any such device against the Queen my Sister then I pray God I may never see his Face I have written I confess about my deliverance as any Prince kept Captive as I am might do but never against the Queen I confess for the Catholicks delivery from Persecution I will work and if I could with my Blood save them from destruction I would and if it may be so I pray you lay it upon me and therewith wept according to her guise The Lord Treasurer answered saying Madam the Queen puts no man to Death for his Conscience but they might enjoy the Liberty of Lo. Treasurer their Conscience if they would live as dutiful Subjects and therefore Madam reform your opinion therein The Queen said she had read it so in a Book The Lord Treasurer said they that did write so Madam did write Qu. of Scots Lo. Treasurer that the Queen of England is no Queen Then she picked a quarrel against Mr. Secretary that he had been Qu. of Scots her sore Enemy and her Son 's and had practised with certain persons against her but said she Mr. Walsingham I think you are an honest man and I pray you say in the word of an honest man whether you have been so unto me Mr. Secretary rose up and came to the end of the Table standing Mr. Secretary Walsingham in the midst before his seat saying Madam I stand charged by you to have practised something against you I call God and the World to Witness I have done nothing as a private man unworthy of an honest man nor as a publick person unworthy of my calling I protest before God that as a Man careful of my Mistresses safety I have been curious and if Ballard had offered me his Service I would have rewarded him but if he were practised with by me why did he not plead it for his Life Here again she wept and protested that she would not make Ship wreck Queen of Scots of her Soul in conspiring against her good Sister and that those whom Mr. Secretary had set over her as Spies were Spies for her against him and had likewise told her things of him Then the Queen's Attorney proved that the Queen of Scots was privy to Queen's Attorney the Conspiracy and gave Instructions to her Secretary to write by him confessed upon Oath without Constraint some in Cyphers and some translated according to her direction into English by Jaques Nave and Gilbert Curle The Queen's Sollicitor proved both the Points of the Statute agreeing to Queen's Sollicitor the Points of the Commission First That she was privy to the Conspiracy in that she received Babington's Letters wherein the Conspiracy was contained to kill the Queen To which she gave Answer as hath been deposed by her Secretaries who besides their Oaths and voluntary Confession did set down according to their Memory the Minutes and Points of Babington's Letters to the Queen and her Answer to Babington Wherein especially they remember the Points of the Conspiracy particularly confessed also by Babington before he was apprehended and at large when he thought to have executed it and been advanced by it He also shewed her Letters and Answers to Ballard Savadge and Tuchborne and they confessed it Secondly He proved that she her self did conspire and compass the Queens Death for besides the approving of Babington's Plot she addeth in her own Letters the Manner and Order of the Execution of this Designment The Secretaries at the view
of her Letters do write thus Per le expresse Secretaries Nave Curle Comaundement de la Royen ma Matresse By the special Commandment of the Queen my Mistress Nave and Curle being asked whether it were their Hands she confessed that she knew it to be their Hands and that Curle Queen of Scots Confession was an honest Man but she would not be judged by him and that Nave was the King's Secretary of France and that he had been Secretary to the Cardinal of Guyse But when she said she knew not Babington nor Ballard my Lord Treasurer Lord Treasurer said Madam I will tell you whom you know You know Morgain who hired Parry to kill the Queen and after you knew it you gave him a Pension Madam you give Pensions to Murtherers Then she said He hath lost all for my sake but you give Pentions in Scotland against me to my Son Queen of Scots The Lord Treasurer said The Queen because the Revenues of the Lord Treasurer Crown are diminished giveth the King a Benevolence being her Kinsman The Second Day at her first coming she renewed her Protestation Second Day Queen of Scots saying I am A Sacred and Anointed Queen and ought not to be judged by the Law I am A Free Prince and owe no more to any Prince than they owe to me I come hither for the Justification of my Honour and that which is laid to my charge that I should do against my Sister Her Oration was very long and of many things I like not said she to take this Course though I desire the Catholicks should be delivered out of their Persecution I had rather play the part of Hester than of Judith to pray for my people than to take any other way to deliver my People God forbid that I should deserve to be denied of Jesus Christ before his Father They gave it out that I was of no Religion for there was a time when I tender'd my self but they cared not for my Soul But my Lords when you have done all that you can and put me from that I should have yet you shall not obtain your Cause of Mary Steward And here she wept and blubbered that they could not conceive her speech I desire said she that another Assembly may be called where She wept I may have my Council I appeal to God first who is the Just Judge and She desireth another Assembly to Princes my Allies Here my Lord Treasurer said Madam We have set down your Protestations under a Notaries Hand and we have protested that your Protestation Lord Treasurer be not prejudicial to the Crown of England The Queen said Indeed My Lord you take no Commission but that Queen of Scots may serve your own turn you have done the worst you can I have often offered if I might be at liberty that I would do all duty and labour to quench the Troubles that are made but I could not be heard I was made believe that I should be at liberty and I promised Hostages for my Security my own Son and my Cousin Guise his Son The Lord Treasurer answered it is true the Queen was contented and so was the Council you offered Hostages as you say But it is as true that Lord Treasurer the Lords of Scotland would not consent that the King should come The Queen said But I told you that if I might be at liberty I would Queen of Scots effect it Madam said the Lord Treasurer the Queen shall set you at liberty and you shall seek her destruction for all this practice of your Enlargement Lord Treasurer was nothing else but a Plot against the Queen for even then when it was adoing your Man Morgan hired Parry to kill the Queen Morgan a Traitor hired Parry to kill the Queen Qu. of Scots Ld. Treasurer Qu. of Scots My Lord quoth she you are my Enemy No said my Lord Treasurer I am Enemy to the Queen's Enemies Was it not reported said the Queen of Scots that the Queen of England should never be free from Practices until I were set at liberty and I therefore desired that the occasion might be taken away Then was read a Letter to Mendoza the Spanish Ambassador wherein Mendoza she promised to give the King of Spain the Kingdoms of England and Scotland if her Son would not be reclaimed from that Heresie wherein she said he was misled There was also sent a Letter to Doctor Allin wherein she calleth him Dr. Allin Reverend Father in God and dealeth with him about the Invasion and his Letter to her also There was read her Letters to the Lord Paget Charles Paget and Lord Paget Charles Paget Sir Francis Englefield Sir Francis Englefield In every of which Letters she saith she hath given direction to the Catholicks on this side for a Dispatch Here she being pressed with Truths of the Conspiracy and because her own Man had sworn it she said she thought he made no Conscience of an Qu. of Scots Oath given him Hereat the whole House murmured concerning the giving away the Murmuring of the Lords Kingdom of England to the King of Spain Writing to Mendoza she adviseth him thus Let not this be known for if it should it would be in France the Loss of my Dowry in Scotland the Breach with my Son and in England my total Destruction Here Mr. Sollicitor remembred the Lords that if a Forein Prince had Mr. Sollicitor the Kingdom as she would assign it what should become of their Dignities and Estates Madam said my Lord Treasurer The Succession of the Crown who soever hath it cannot give it to a Forein Prince it must go by the Laws Lo. Treasurer of the Realm to a natural English Man born Your Enemies in Scotland threatned to kill you and Her Majesty said she would then revenge it and so your Life was assured At her first rising up she talked long with the Lord Treasurer coming to She talketh with the Lord Treasurer Mr. Vice-Chamberlain Mr. Secretary and the Earl of Warwick him to his Seat after to Mr. Vice-chamberlain and Mr. Secretary excusing her self to them and used great Insinuations to persuade them She said to the Earl of Warwick that she had heard that he was an Honourable Gentleman desiring him not to believe all things he heard of her and also she desired him to commend her to my Lord of Leicester saying that she wished him good Success in his Affairs To the Judges and Lawyers she To the Judges and Lawyers said I pray God bless me from you you have sore Hands over them that be under you And to Mr. Phillips Thou never readest any good for me and so Mr. Phillips the Lords brake up their sitting on Saturday October 15. 1586. at One of Lds. break up the Clock in the Afternoon and adjourned the Commission to the Star-Chamber The
be in Conscience 4. Barnwell perswaded that it was a deed lawful and being urged that he came to the Court to spie opportunities for the atchieving of their purposes and that being there her Majesty observing his prying looks acquainted before with their intents she prayed God that all were well To this he answered that it was not unknown to divers of the Councel that he had matters which he solicited which was the cause of his being there at that time but I confess said he at my return Babington asked me what news to whom I told that her Majesty had been abroad that day with all the circumstances that I saw there and if I have offended her Majesty I crave forgiveness and assuredly if the sacrifice of my body might establish her Majesty in the true Religion I would most willingly offer it up Then he prayed to himself in Latin and was executed Chidiocke Tuchborne Esq began to speak as followeth viz. Country-men 5. Tuchborne and my dear friends you expect I should speak something I am a bad Orator and my Text is worse It were in vain to enter into the discourse of the whole matter for which I am brought hither for that it hath been revealed heretofore and is well known to the most of this company Let me be a warning to all young Gentlemen especially generosis adolescentulis I had a friend and a dear friend of whom I made no small accompt whose friendship hath brought me to this he told me the whole matter I cannot deny as they had laid it down to be done but I always thought it impious and denied to be a dealer in it but the regard of my friend caused me to be a man in whom the old Proverb was verified I was silent and so consented Before this thing chanced we lived together in most flourishing estate Of whom went report in the Strand Fleetstreet and elsewhere about London but of Babington and Tuchborne no Threshold was of force to brave our Entry Thus we lived and wanted nothing we could wish for and God knows what less in my head than matters of State Now give me leave to declare the miseries I sustained after I was acquainted with the Action wherein I may justly compare my estate to that of Adam 's who could not abstain one thing forbidden to injoy all other things the world could afford the terror of Conscience awaited me After I considered the dangers whereinto I was fallen I went to Sir John Peters in Essex and appointed my horses should meet me at London intending to go down into the Country I came to London and there heard that all was bewrayed whereupon like Adam we fled into the Woods to hide our selves and there were apprehended My dear Country-men my sorrows may be your joy yet mix your smiles with tears and pity my case I am descended from an house from two hundred years before the Conquest never stained till this my misfortune I have a Wife and one child my Wife Agnes my dear Wife and there 's my grief and six Sisters left on my hand my poor servants I know their Master being taken were dispersed for all which I do most heartily grieve I expected some favour though I deserved nothing less that the remainder of my years might in some sort have recompenced my former guilt which seeing I have missed let me now meditate upon the joys I hope to injoy Thus done he prayed first in Latin and then in English asking her Majesty and all the world heartily forgiveness and that he hoped stedfastly now at this his last hour his faith would not fail and so was executed Charles Tylney said I am a Catholick and believe in Jesus Christ and by 6. Tylney his Passion I hope to be saved and I confess I can do nothing without him which opinion all Catholicks firmly hold and whereas they are thought to hold the contrary they are in that as in all other things greatly abused To Dr. White seeming to School him in Points of Religion differing from those which he held he spake in an anger I came hither to dye Doctor and not to argue He prayed in Latin for himself and after he prayed for Queen Elizabeth that she might live long and warned all young Gentlemen of what degree or calling soever to take warning by him and so he made an end and was executed Edward Abbington said I come hither to dye holding all points firmly 7 Abbington that the Catholick Church doth and for the matters whereof I am condemned I confess all saving the death of her Majesty to the which I never consented He feared as he said great bloodshed in England before it were long Sheriff Ratliffe said Abbington seest thou all these people whose blood shall be demanded at thy hands if thou dying conceal that which may turn to their peril therefore tell why or which way such blood should be shed he said All that I know you have of record and at last said he this Countrey is hated of all Countries for her iniquity and God loves it not and being urged by Dr. White to be of a lively faith he answered he believed stedfastly in the Catholick faith the Doctor asked him how he mean't for I fear me said he thou deceivest thy self he answered That Faith and Religion which is holden almost in all Christendom except here in England Thus done he willed them not to trouble him any longer with any more questions but made his prayers to himself in Latin and so was executed The Examination of Salsbury Donne Jones Charnock Travers Gage and Bellamy all executed for High-Treason in the place aforesaid as by their own Speeches and Confessions did appear And also their several Speeches at the place of Execution the 21st of September 1586. viz. THomas Salsbury Esq said Sithence it hath pleased God to appoint 8. Salsbury this place for my end I thank his infinite goodness for the same I confess that I have deserved death and that I have offended her Majesty whom to forgive me I heartily beseech with all others whom I have any way offended I desire all true Catholicks to pray for me and I desire them as I beseech God they may to indure with patience whatsoever shall be laid upon them and never to enter into any action of violence for remedy then he said his prayers looking earnestly with his eyes to Heaven and prayed in Latin a long while when he had thus done he cryed in Latin and English Father forgive me and so was executed John Donne Yeoman said Do the people expect I should say any thing I was acquainted I confess with their practises but I never did intend to be 9. Donne a dealer in them Babingron oftentimes requested me to be one and said for that he loved me well he would bestow me in one of the best Actions which should have been the delivery of the Queen of Scots to
about the Scaffold went a Rail half a Yard high round covered with black Cotton so was her Stool the Boards and the Block and a Pillow to kneel upon There did sit upon the Scaffold the two Earls the Sheriff stood and the two Executiones When they were placed Mr. Beale Clerk of the Council did read her Majesties Commission aforesaid under the great Seal after which the Dean of Peterborough by direction of the Lords being provided began to speak unto her for her better preparation to die as a penitent Christian in the true faith of Christ But when he began his exhortation she staid him immediately refusing to hear him and said she had nothing to do with him nor he with her for she was settled in the Catholick Roman Faith which she would die in Then the Earl of Kent willed Mr. Dean to pray for her that if it might stand with Gods Will she might have her heart lightned with the true knowledg of God and die therein which was pronounced by him accordingly and followed of the beholders All which while she having a Crucifix of white bone between her hands prayed in Latin very loud prayer being ended she kneeled down and prayed to this effect for Christs afflicted Church and an end of their troubles for her Son for the Queens Majesty that she might prosper and serve God and confessed that she hoped to be saved only by the blood of Jesus Christ at the foot of whose Crucifix she would shed her blood that God would avert his plagues from this Island that God would give her grace and forgiveness of her sins Then she rose up and was by both the Executioners disrobed She said she was not wont to be undressed by such Grooms and desired to have two of her Gentlewomen to unrobe her the which was granted and being stripped into her Petticoat which being done she kissed her women and willed them not to cry for her but to rejoice and lifted up her hand and blessed them and also her men not standing far off Then she kneeled down most resolutely without all fear of death and after one of her women had knit a Kerchew before her eyes she spake aloud the Psalm in Latin In te Domine confido non confundor in eternum Justitia tua libera me Then lay she down and stretched out her body and her neck upon the Block she cryed In manus tuus Domine c. and so received two stroaks The people cryed God save the Queen and so perish all Papists and her Majesties enemies All things were taken from the Executioners and not suffered to have so much as the Aprons before they were washed the Blood and Cloaths and whatsoever was bloody was burned in the fire made in the Chimney in the Hall and by the Scaffold The whole discourse of the Arraignment of Philip Howard Earl of Arundel the 18th day of April 1589. and in the 31st year of the Reign of Queen Elizabeth FRom the outward Bar in the Kings-Bench was there a Court made of Thirty Foot square within which was a Table of Twelve Foot square The form of the Scaffold covered with Green Cloth and in the same Court were Benches to sit upon covered with Green Say in the midst of the same Court at the upper end was placed a Cloth of State with a Chair and Cushion for the Lord Steward from the midst of the same Court to the midst of the Hall was built a Gallery for the Prisoner to come upon to the Court in length One Hundred and Ten Foot and in breadth Fifteen Foot and in height from the ground Six Foot railed round about and going down with Seven Steps Between Eight and Nine of the Clock in the morning the Earl of Derby Earl of Derby Lord Steward Lord Steward his Grace entered the Hall attended on by divers Noblemen and Officers Four Serjeants at Arms with their Maces waiting before him next before his Grace the Earl of Oxford Lord great Chamberlain of England My Lord of Derby's Grace being seated in his Chair of State every Nobleman was placed in his degree by Garter King of Heraults At his Graces feet did sit Mr. Winckefield one of her Majesties Gentlemen-Ushers holding a long white Wand in his hand being accompanied with Mr. Norris Serjeant of the Garter Before them did sit Mr. Sands Clerk of the Crown of the Kings-Bench Opposite against my Lord's Grace did sit the Queens Majesties Learned Council viz. 1. Sejeant Puckering 2. Serjeant Shettleworth 3. Mr. Popham the Queens Attorney-General 4. Mr. Edgerton the Queens Solicitor The Names of the Commissioners on the right hand sitting upon a lower Bench under the Lords of the Jury 1. SIR Francis Knowles Knight Treasurer of the Houshold Commissioners on the right hand 2. Sir James Acrofte Knight Controler of the Houshold 3. Sir John Parrat one of her Majesties most Honourable Privy-Council 4. Mr. Woolley Secretary of the Latin tongue of the Privy-Council 5. John Fortescue Master of the Wardrobe and of the Privy-Council 6. Dr. Dale one of the Masters of Request to her Majesty 7. William Fleetwood Serjeant at Law and Recorder of London 8. Mr. Rockby Master of Requests and Master of St. Katherines The Names of the Comissioners on the left hand 9. THE Lord Chief Justice of England 10. The Master of the Rolls Commissioners on the left hand 11. The Lord Chief Justice of the Common Pleas. 12. The Lord Chief Baron of the Exchequer 13. Justice Perryman of the Common Pleas. 14. Justice Gamdy of the Kings Bench. The Serjeant at Arms usually attendant on the Lord Chancellor named Roger Wood was commanded to make on O Yes Three times Roger Wood. Cryer Then Mr. Sands Clerk of the Crown read the Commission And Sir Francis Knowles Knight gave up the Verdict of the great Assize Verdict Then was called Mathew Spencer Serjeant at Arms to return his Precept which was returned and read After that the Noblemen and Peers of the Jury for his Tryal were severally called by their Names as followeth 1. William Lord Burleigh Lord Treasurer of England 2. Edward of Oxford Lord great Chamberlain of England 3. William Lord Marquess of Winchester 4. Henry Earl of Kent 5. Henry Earl of Sussex 6. Henry Earl of Pembrook 7. Edward Earl of Hartford 8. Henry Earl of Lincoln 9. Henry Lord Hundsdon Lord Chamberlain of her Majesties Houshold 10. Peregrin Lord Willoby and Earsby 11. Lord Morley 12. Lord Cobham 13. Arthur Lord Gray 14. Lord Darcy of the North. 15. Lord Sands 16. Lord Wentworth 17. Lord Willoughby of Parham 18. Lord North. 19. Lord Rich. 20. Lord St. John of Bletsoe 21. Lord Buckhurst 22. Lord De La Ware 23. Lord Norris Then the Lieftenant of the Tower was called to return his Precept and to bring forth his Prisoner Philip Earl of Arundel The Earl came into Lieftenant the Hall being in a wrought Velvet Gown furred about with