Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in â—â—e 27 th Year of our Reign divers things have been compassed and imagined â—â—nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do giâ—e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
or Dominions or any Act attempted tending to the Hurt of Her Majesties most Royal Person by of or for any Person that shall or may pretend any Title to the Crown of this Realm after Her Majestis Decease or if any thing shall be composed or imagined 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 others of Her Highnesses Privy Council and such other Lords of Parliament to be named by Her Majesty as with the same Privy Council shall make up the Number of twenty four at the least having with them for their Assistance in that behalf such of the Iudges of the Court of Records at Westminster as Her Highness shall for that purpose assign and appoint or that more part of the same Council Lords and Iudges shall by virtue of this Act have Authority to examine all and every the Offenders aforesaid and all Circumstances thereof and thereupon to give Sentence or Iudgment as upon good Proof the Matter shall appear unto them and that after such Sentence or Iudgment given and Declaration thereof made and published by Her Majesties Proclamation under the Great Seal of England all Persons against whom such Sentence or Iudgment 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 any of 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 virtue of this Act and Her Majesties Directions in that Behalf by all forcible and possible Means pursue to Death every such wicked Person by whom or by whose Means Assend or Privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked Acts attempted or other thing compassed or imagined against Her Majesties Person and all their Aidors Comfortors and Abettors And if any such detestable Act shall be executed against Her Highnesses most Royal Person whereby Her Majesties Life shall be taken away which God of his Mercy forbid that then every such Person by of or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by virtue of this Act be excluded and disabled for ever to have or claim or to pretend to have or claim the said Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And all the Subjects of this Realm and all other Her Majesties Dominions shall and may lawfully by virtue of this Act by all forcible and possible Means pursue to 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 way assenting and privy to the same and all their Aidors Comfortors and Abettors in that Behalf And to the end that the Intention of this Law may be effectually executed if her Majesties Life shall 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 Commissioners to try such Traitors in case the Queen should be killed 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 better 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 Iustices 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 Iustices Master of the Rolls and Chief Baron some other of those which were Iustices of some of the Courts of Record at Westminster at the time of Her Highnesses Decease to supply their Places or any twenty four or more of them whereof eight to be Lords of Parliament not being of the Privy Council shall to the utmost of their Power and Skill examine the Cause and Manner 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 with all forcible and possible means prosecute to Death all such as shall be found to be Offenders therein and all their Aidors and Abettors And for the doing thereof and for the withstanding and suppressing of all such Power and Forces as shall any way be levied or stirred in disturbance of the due Execution of this Law shall by virtue 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 maintainance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied or 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 Person shall by virtue 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 farther enacted by the Authority aforesaid that all and every she Subjects of all Her Majesties Realms and Dominions shall to the utmost of their Power aid and assist the said Council and all other the Lords and other Persons to be adjoyned unto 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 of this Law 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 Testimony of a good Conscience by one uniform manner of Writing under their Hand and Seals and by several others voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious Actions
made the Papists were ingaged in a most Horrid Plot against the Protestant Religion and the Parliament having now made this Act whereby the Papists are excluded from all Places of Profit and Trust it is not hard to believe that their Malice was thereby greatly heightned and their Rage very much increased against the Protestants and their Actings put it beyond doubt that it was so For this Act passed in the Year 1673. and then it is we find them deeply ingaged in contriving our Destruction and so inhumane were they that notwithstanding the late King Charles the Second's Kindness to them yet unless he would fully comply with them in the butchering his Protestant Subjects extirpating the Protestant Religion which they called a * Coleman's Tryal p. 69. Pestilent Heresie and the introducing of the Romish Superstition and Idolatry he must be taken out of the way to make room for one that would I confess I have met with very many that have owned the Dis-believing of any such Design but when I seriously reflect upon the Letters that were produced against Mr. Coleman and owned by himself to be his when I consider the Evidence that was given by all the Witnesses that proved the Horrid and Treasonable Popish Plot that was discovered in 1678. and the Agreement that there is in the Substance of the thing although there may be some Variations as to Circumstances when I consider the Witnesses were Strangers to one another that did so agree in their Testimony and that the Discovery was so sudden and the Witnesses came in so quick one after another after the Discovery that it is not to be presumed there could be any Subornation when I consider the Credit they had with the King himself and with four Parliaments when I consider the great Attempts notwithstanding to take the Odium off the Papists and cast it upon the Protestants when I consider the unwearied Pains taken by the Papists and some that are much worse because they espoused their Cause under a Protestant Vizar to lay the Murther of Sir Edmond-Bury-Godfrey at the Protestants Door and to wipe off the Stain thereof from the Papists when I consider the Methods that were taken in the late King James the Seconds his Reign so exactly pursuant to what was designed in case Charles the Second had fallen as was contrived * Either by Shooting Poison or Stobing the first of which Methods was by granting a general †The Declaration for Liberty of Conscience Designed to be published in case the Popish Plot had then taken effect you may find printed in Coleman's Trial p. 58. Liberty of Conscience and thereby deluding divers Protestants to serve a Popish Interest although against their Wills it is to me matter of Amazement that there should remain the least doubt of the Truth of that Plot in the Minds of any that are really Protestants especially when I consider that there wanted nothing in the late King James's Reign but a Parliament to take off the Penal Laws and Tests to bring that Popish Plot to the highest Perfection that the Papists ever designed and what Endeavors there were to obtain that is sufficiently known To run through the whole Series of that Popish Plot would be to draw out this Account of the Grounds of making the Penal Laws to a Length beyond what its Design can warrant which is the publick Good and therefore as a Confirmation of the Truth of that Plot and to refresh the Memory of those who perhaps are willing to forget it I shall here only insert Coleman's Letters as you will find them printed in his Tryal and also Bedloes Depositions as they were taken before and printed by Sir Francis North then Lord Chief Justice of the Common-Pleas and afterwards made Lord Keeper of the Great Seal of England for the good Services he had done the Crown Coleman's Letters are as followeth Mr. Coleman's First Letter SInce Father St. German has been so kind to me Coleman 's Tryal p. 44. as to recommend me to your Reverence so advantagiously as to encourage you to accept of my Correspondency I will own to him that he has done me a Favour without consulting me greater than I could have been capable of if he had advised with me because I could not then have had the Confidence to have permitted him to ask it on my Behalf And I am so sensible of the Honour you are pleased to do me that though I cannot deserve it yet to shew at least the Sense I have of it I will deal as freely and openly with you this first time as if I had had the Honour of your Acquaintance all my Life And shall make no Apology for so doing but only tell you that I know your Character perfectly well though I am not so happy as to know your Person and that I have an Opportunity of putting this Letter into the Hands of Father St. Germans Nephew for whose Integrity and Prudence he has undertaken without any sort of Hazard In order then Sir to the plainness I profess I will tell you what has formerly passed between your Reverences Predecessor Father Ferryer and my self About three Years ago when the King my Master sent a Troop of Horse Guards into his most Christian Majesties Service under the Command of my Lord Durass he sent with it an Officer called Sir William Throckmorton with whom I had a particular Intimacy and who had then very newly imbraced the Catholic Religion to him did I constantly write and by him address my self to Father Farryer The first thing of great Importance I presumed to offer him not to trouble you with lesser Matters or what passed here before and immediately after the fatal Revolution of the Kings Declaration for Liberty of Conscience to which we owe all our Miseries and Hazards was in July August and September 1673. when I constantly inculcated the great Danger the Catholic Religion and his most Christian Majesties Interest would be in at our next Sessions of Parliament which was then to be in October following at which I plainly foresaw that the King my Master would be forced to something in prejudice to his Alliance with France Which I saw so evidently and particularly that we should make Peace with Holland that I urged all the Arguments I could which to me were Demonstrations to convince your Court of that Mischief and pressed all I could to perswade his most Christian Majesty to use his utmost Endeavor to prevent that Session of our Parliament and proposed Expedients how to do it But was answered so often and so positively that his most Christian Majesty was so well assured by his Embassador here our Embassador there the Lord Arlington and even the King himself that he had no such Apprehensions at all but was fully satisfied to the contrary and looked upon what I offered as a very zealous Mistake that I was forced to give over arguing though not believing as I did
but confidently appealed to Time and Success to prove who took their Measures rightest When it happened what I foresaw came to pass the good Father was a little surprised to see all the great Men mistaken and a little one in the Right and was pleased by Sir William Throckmorton to desire the Continuance of my Correspondence which I was mighty willing to comply with knowing the Interest of our King and in a more particular manner of my more immediate Master the * * James the Second Duke and his most Christian Majesty to be so inseparably united that it was impossible to divide them without destroying them all Upon this I shewed that our Parliament in the Circumstances it was managed by the timerous Councels of our Ministers who then governed would never be useful either to England France or Catholic Religion but that we should as certainly be forced from our Neutrality at their next Meeting as we had been from our active Alliance with France the last Year That a Peace in the Circumstances we were in was much more to be desired than the Continuance of the War and that the Dissolution of our Parliament would certainly procure a Peace For that the Confederates did more depend upon the Power they had in our Parliament than upon any thing else in the World And were more encouraged from them to the continuing of the War So that if they were Dissolved their measures would be all broken and they consequently in a manner necessitated to a Peace The good Father minding this Discourse somewhat more then the Court of France thought fit to do my former urg'd it so home to the King that his Majesty was pleased to give him Orders to signifie to his R. H. my Master that his Majesty was fully satisfied of his R. H's good intention towards him that he esteemed both their Interests but as one and the same That my Lord Arlington and the Parliament were both to be lookt upon as very unuseful to their Interest That if his R. H. would endeavour to dissolve this Parliament his most Christian Majesty would assist him with his Power and Purse to have a new one as should be for their purpose This and a great many more Expressions of kindness and confidence Father Ferryer was pleased to Communicate to Sir William Throckmorton and commanded them to send them to His Royal Hhighness and withal to beg his Royal Highness to propose to his most Christian Majesty what he thought necessary for his own Concern and the advantage of Religon and his Majesty would certainly do all he could to advance both or either of them This Sir William Throckmorton sent to me by an Express who left Paris the Second of June 1674. Stilo novo I no sooner had it but I Communicated it to his R. H. To which his R. H. commanded me to Answer as I did on the twenty ninth of the same Month That his R. H. was very sensible of his most Christian Majesties Friendship and that he would Labour to cultivate it with all the good Offices he was capable of doing for His Majesty That he was fully convinced that their Interests were both one That my Lord Arlington and the Parliament were not only unuseful but very dangerous both to England and France That therefore it was necessary that they should do all they could to dissolve it And that his R. H's opinion was that if his most Christian Majesty would write his thoughts freely to the King of England upon this Subject and make the same proffer to his Majesty of his Purse to dissolve this Parliament which he had made to his R. H. to Call another he did believe it very possible for him to succeed with the Assistance we should be able to give him here And that if this Parliament were dissolved there would be no great difficulty of getting a new one which would be more useful The Constitutions of our Parliaments being such that a new one can never hurt the Crown nor an old one do it good His R. H. being pleased to own these Propositions which were but only General I thought it reasonable to be more particular and come closer to the Point we might go the faster about the work and come to some issue before the time was too far spent I laid this for my Maxim The dissolving of our Parliament will certainly procure a Peace Which Proposition was granted by every Body I conversed withal even by Monsieur Rouvigny himself with whom I took Liberty of conversing so far but durst not say any thing of the Intelligence I had with Father Ferryer Next that a Sum of Money certain would certainly procure a Dissolution this some doubted but I am sure I never did For I knew perfectly well that the King had frequent Disputes with himself at that time whether he should dissolve or continue them And he several times declared that the Arguments were so strong on both sides that he could not tell to which to incline but was carried at last to the continuance of them by this one Argument if I try them once more they may possibly give me Money if they do I have gained my Point If they do not I can dissolve them then and be where I am now So that I have a possibility at least of getting Money for their continuance against nothing on the other side But if we could have turn'd this Argument and said Sir their Dissolution will certainly procure you Money when you have only a bare possibility of getting any by their continuance and have shewn how far that bare possibility was from being a Foundation to build any reasonable hope upon which I am sure His Majesty was sensible of And how much 300000 Pounds Sterling certain which was the Sum we propos'd was better than a bare possibility without any reason to hope that that could ever be Compassed of having half so much more which was the most he design'd to ask upon some vile dishonourable Terms and a thousand other hazards which he had great reason to be afraid of if I say we had had Power to have argued this I am most Confidently assured we could have Compassed it for Logick in our Court built upon Money has more powerful Charms than any other sort of reasoning But to secure his most Christian Majesty from any hazard as to that Point I propos'd His Majesty should offer that Sum upon that Condition and if the Condition were not perform'd the Money should never be due If it were and that a Peace would certainly follow thereupon which no Body doubted His Majesty would gain his Ends and save all the vast Expences of the next Campaign by which he could not hope to better his Condition or put himself into more advantagious Circumstances of Treaty then he was then in But might very probably be in a much worse considering the mighty opposition he was like to meet with and the uncertain Chances of