nity and uncharitable severity, contrary to all truth and honesty.

to the place of honour that his ancestors had enjoyed, for many years before him, and gave him such entrance into her princely favour and good opinion, that no man of his quality her majesty's hands than he; insomuch that in all exercises of recreation used by her majesty the earl was always called to be one, and whensoever her majesty shewed herself abroad in public, she gave to him the honour of the best and highest services about her person more often than to all the noblemen of her court. But the remembrance of these most gracious and more than extraordinary favours and beby Master Vice-Chamberlain, of her majesty's disposition of mercy towards hin, nor the consideration of the depth and weight of his Treasons against her majesty, her estate, her crown, and dignity, with the danger thereby like to fall upon him by the course of her high

When the Lord Chief Baron had finished this discourse of the manner of the earl's Death, with the circumstances, and had satis-received greater countenance and comfort at fied the court and auditory concerning the quality of the prison where the earl remained, sir Christopher Hatton, knight, her majesty's Vice-Chamberlain, who as it seemed, had been specially employed by her majesty, among others of her privy council, in the looking into and examining of the Treasons aforesaid, as well in the person of the earl as of others, and at the time of the earl's commitment from his house in St. Martin's to the Tower of Lon-nefits received, nor the hope given unto him don, sent unto him from her majesty, to put the earl in mind of her majesty's manifold graces and favours, in former times conferred upon him, proceeding from the spring of her majesty's princely and bountiful nature, and not of his deservings; and to advise him to deliver the truth of the matters so clearly ap-ness's laws, to the utter ruin and subversion of pearing against him, either by his letters pri- him and his house (standing now at her majesvately to her majesty, or by speech to Master ty's mercy) could once move his heart to that Vice-Chamberlain, who signified also unto him, natural and dutiful care of her majesty's safety that if he would determine to take that course, that he ought to have borne towards her, and he should not only not be committed to the she most worthily had merited at his hands, or Tower, but should find grace and favour at her any remorse or compassion of himself and his majesty's hands, in the mitigation of such punish- posterity? but resting upon terms of his inno ment as the law might lay upon him. And cency, having, as you may perceive, conveyed here Master Vice-Chamberlain repeated at away all those that he thought could or would length the effect of her majesty's message at any way accuse him, he made choice rather to that time sent to the earl, beginning first with go to the Tower, abide the hazard of her mathe remembrance of his practice undertaken jesty's high indignation, and the extremity of for the conveying away of the Scotish queen the law for his offences: a notable augur of about the time of the last rebellion (as hath his fall, and that God, by his just judgment, been declared in the beginning of this tract) had, for his sins and ingratitude, taken from and that he confessing the offence being ca- him his spirit of grace, and delivered him over pital, her majesty nevertheless was pleased to to the enemy of his soul, who brought him to alter the course of his trial by the justice of that most dreadful and horrible end, whereunto her laws, and suffered the same to receive a he is come: from the which, God of his mercy slight and easy punishment by way of mulct, defend all christian people, and preserve the or fine of 5000 marks, whereof before this his queen's majesty from the Treasons of her subimprisonment, as it is credibly reported, there jects, that she inay live in all happiness, to see was not one penny paid, or his land touched the ruin of her enemies abroad and at home; with any extent for the payment thereof; and that site, and we, her true and loving subwhich offence was by her majesty not only jects, may be always thankful to God for all his most graciously forgiven, but also most-chris-blessings bestowed upon us by her, the only tianly forgotten; receiving him not long after maintainer of His Holy Gospel among us.

62. Proceedings against ANTHONY PABINGTON, CHIDIOCK TITCHBURNE, THOMAS SALISBURY, ROBERT BARNEWELL, JOHN SAVAGE, HENRY DONN, and JOHN BALLARD, at Westminster, for High Treason: 28 ELIZ. the 13th and 14th of September,

A. D. 1586.

HE Commission of Oyer and Determiner of all manner of Treasons, Rebellions, Felonies, Offences, Routs, Riots, &c. was directed to William lord Cobham, Lord-Warden of the Cinque-Ports; Thomas lord Buckhurst; sir Francis Knowles; sir James a Croft; sir Christopher Hatton; sir Francis Walsingham;

sir Christopher Wray, Lord Chief Justice of England; sir Edmund Anderson, Lord Chief Justice of the Common-Pleas; sir Roger Manwood, Lord Chief Baron of the Exchequer ; Mr. Dr. Dale; Mr. Rugby, Master of the Requests; serjeant Fleetwood, Recorder of London; Mr. Brograve, Attorney of the

Dutchy; Mr. Randall; Mr. Cook; Mr. Wrathe. By force whereof was a precept directed to the Lieutenant of the Tower, commanding him to have the bodies of Anthony Babington, esq. Chidiock Titchburne, esq. Thomas Salisbury, esq. Robert Barnewell, gent. John Savage, gent. Henry Donn, gent. and John Ballard, clerk, before the said Commissioners, the day and year aforesaid. At which day, before the Commissioners abovesaid, (excepting sir Francis Knowles, sir Francis Walsingham, and sir Christopher Wray) sir Owen Hopton, Lieutenant of the Tower, returned his precept in effect, That the said Prisoners were committed to his custody by commandment of the Privy-Council, there to be safely kept. Whereupon Mr. Vice-Chamberlain demanded of the queen's learned counsel, what order they would take in Arraigning the Prisoners; and Answer was by them given, that they would proceed to the Arraignment of Savage first, forasmuch as he meddled first in these matters.

but circumstance: moreover thou must say, either that thou art Guilty or not Guilty, for so hath the law ordained every one to answer; and if thou answer not so, thou refusest to be tried by the law, and so shalt be causer of thy own death.

C. B. Manwood. Whosoever refuseth to answer directly, the law pronounceth grievous punishment to such, and they are murderers of themselves, which is abominable before God.

Hatton. To say, that thou art Guilty to that, and not to this, is no plea; for thou must either confess it generally, or deny it generally: wherefore delay not the time, but say either Guilty, or not; and if thou say Guilty, then shalt thou hear further; if not Guilty, her Majesty's learned counsel is ready to give evidence against thee.

Savage. Then, Sir, I am Guilty.

Then her majesty's Counsel said, Albeit there were nothing now further to be done, but to proceed to Judgment upon his own Confession; yet forasinuch as they desired that the

SAVAGE's Arraignment, Indictment and Con-hearers should be satisfied, and all the world

fession.

Then Savage being brought to the bar, and the other Prisoners removed, the Clerk of the Crown said;

know, how justly he was to be condemned, they crave licence to give such Evidence as would sufficiently and fully prove the Indictment. Which being granted, the Clerk of the Crown did read Savage's own Confession, taken before the Lord Chancellor, Lord Treasurer, Mr. Vice-Chamberlain, and Mr. Secretary; which particularly in substance was,

Sands, Clerk of the Crown. John Savage, gent. hold up thy hand: Thou hast been before this time indicted by virtue of commission, directed to sir Edmund Anderson knight, &c. (and so read his Indictment), which in effect That the said John Savage served in the was, That William Gifford, D.D. maliciously camp of the prince of Parma, and from thence moved him at Rhemes in the country of Cham- he departed towards Rhemes, where falling paigne, traitorously and wickedly to kill and acquainted with one Hodgson, and talking with murder the queen's most excellent majesty, his him about exploits of services, it chanced Dr. liege sovereign and natural prince; affirming Gifford over-heard them, and coming to them, to the said Savage, that the killing of her ma-said, but a better service could I tell you than jesty was an action lawful, honourable and all this' (moving the murder of the queen of meritorious and that thereupon the said John England): but Savage seemed to object how Savage did traitorously agree, conspire and dangerous and difficult it was, So they went swear to murder the queen's most excellent to supper, and after supper ended Gifford demajesty, his own natural prince. And after-claring unto them, how necessary, how just wards, that is to say the first day of April 1586, and meritorious, the committing of the murder at St. Giles's in the Fields in the county of should be, said, that peradventure he sticked Middlesex, did falsely conspire to murder her to do the fact,, forasmuch as he, percase, was said majesty, to disinherit her of her kingdom, not resolved whether the killing of a prince to stir up sedition in the realm, and to subvert were lawful or not. Whereupon he desired the true Christian Religion: and that to perform him to advise himself, and to ask opinions of this malicious practice, devised with John Bal- others: and Savage having heard others affirm, lard how to bring the same to pass; and after-that the murder was lawful, forasmuch as in wards, the last day of May, did receive letters from Morgan, William Gifford, and Gilbert Gifford, whereby they did persuade and provoke the said Savage to execute and fulfil his said purpose and determination. How sayest thou, Savage, art thou Guilty, or Not Guilty?

Savage. For conspiring at St. Giles's, I am Guilty; that I received letters, whereby they did provoke me to kill her majesty, I am Guilty; that I did assent to kill her majesty, I am not Guilty.

C. J. Anderson. Whether thou didst conspire at St. Giles's, or not, is not the substance of the Indictment; but, whether thou didst conspire or no, is the matter, and the rest is

their pretence she was an heretic, an enemy to true Religion, and a schismatic person: at last, after three weeks, wherein he had not secn Gifford, he answered, That he was contented to do any thing for his country's good. Then said Gifford, Assure yourself you cannot do a greater good unto your country, nor whereby the country should be more beholden, espccially all the Throckmortons and Giffords. At last Savage, overcome with their persuasions, gave his assent and oath, that he would put the same in practice. When he had given his oath to murder her, Gifford declared unto him, how, and in what place her majesty might be slain: and therefore Gifford charged him to'

spent; also her majesty's counsel having prayed that Savage's Judgment be deferred till to-morrow by seven of the clock; therefore it is necessary that the court should be adjourned. Whereupon the cryer made an O yes, that all should keep their day to-morrow morning by seven of the clock, and so the Court arose.

Wednesday 14 September, 1586.

The next day being Wednesday, the same prisoners were brought unto the bar, and the commissioners being set, the cryer commanded every man to hold his peace and keep silence; and then spake Sandes the Clerk of the Crown, in sort ensuing.

forbear no time nor place, but to murder her; | in the morning, and the day is already far and therefore, as her majesty should go into her chapel to hear divine service, Savage might lurk in the gallery, and stab her with his dagger or if her majesty should walk into her garden, he might then shoot her through with his dagg; or if her majesty did walk abroad to take the air, as she would often do, rather (as Gifford said) accompanied with women than men, and those few men but slenderly weaponed, Savage might then assault her with his arming sword, and so make sure work; albeit in all these cases Savage should be in extreme hazard of his own life, forasmuch as the thing itself was so lawful, honourable and meritorious, and he sure to gain Heaven thereby. Thereupon came Savage over into England with this intent and purpose, for to kill the queen: but not doing the same as soon as was looked for, he received letters from Morgan and Gifford from beyond the scas, persuading him to execute the saine. But then he fell acquainted with the most notorious conspiracy of Babington, whereby was another plot devised, That there should be six which should kill the queen: Savage would not assent thereto, forasmuch as he thought, except he did it himself, his conscience could not be satisfied, because he had promised and vowed to do that himself. But Babington told him, he should be one. In the mean season was Ballard the priest apprehended, the 4th of August last. Then came Babington to Savage, saying, Ballard is taken, all will be bewrayed, what remedy now? Then said Savage, No remedy now, but to kill her presently. Very well, said Babington; then go you unto the court to-morrow, and there execute the fact. Nay, said Savage, I cannot go to-morrow, for my apparel is not ready, and in this apparel shall I never come near the queen. Go to, quoth Babington, here is my ring, and all the money I have, get the apparel and dispatch it. But the same night, Babington fearing lest Savage alone should fail to do it, continued his other plot, that six should ride to the court and do it: but the next day, Babington suspecting somewhat, fled, and all was discovered. And also it appeared by Savage's own Confession, how, between Midsummer and Alhallontide, 1585, he was solicited by Gifford to kill the queen and the earl of LeicesFurthermore divers other proofs were shewed forth by Confession of other, all agreeing to Savage's confession.

ter.

Attorney. (Sir John Popham) Now I hope, is Savage's Indictment sufficiently and fully proved.

Hatton. Savage, I must ask thee one question: Was not all this willingly and voluntarily confessed by thyself, without menacing, without torture, or without offer of any torture? Savage. Yes.

Then spake her majesty's learned Counsel, desiring to adjourn the court until the morrow. Hatton. Forasmuch as if we should now proceed with the other prisoners which be here put, it would ask time till three of the clock

Clerk of the Crown. John Ballard, Anthony Babington, John Savage, Robert Barnewell, Chidiock Titchburne, Thomas Salisbury, and Henry Donn, hold up your hands; which being done, he said, Before this time you were indicted before sir Edmund Anderson knight' and others, &c. by virtue of her majesty's commission, &c. That whereas Bernardino de Mendoza, a Spaniard, and Charles Paget, the 26th day of April, 1586, at Paris in France, did maliciously and wickedly devise, by what ways and means this realm of England might be invaded, and by what ways and means Mary queen of Scots might be delivered: it was concluded then, that thou the said John Ballard should go into this realm of England, to understand and know what ports and landings right be procured and provided for the enemies invasion, and for to learn by what means and ways the said Mary queen of Scots might be delivered from the custody wherein she was. And that thou the said John Ballard, coming into this realm of England; you the said Anthony Babington, John Savage, Robert Barnewell, Chidiock Titchburne, Thomas Salisbury, and Henry Donn, as false traitors against the crown, and the queen's most excellent majesty, your true and natural sovereign; intending to put away the love of her majesty's most loving subjects, the 5th day of June, in the 28th year of the reign of our sovereign lady queen Elizabeth, by the grace of God, &c. at St. Giles's in the Fields, within the county of Middlesex, did falsely, horribly, traitorously and devilishly, conspire, conclude and agree, the queen's most excellent majesty not only from her royal crown and dignity to depose, but also her to kill and slay; and sedition, insurrection and rebellion to stir up and procure, and the government of this realm, and the true and Christian religion therein planted to subvert, and the whole state thereof for to destroy; and for to raise and levy war within the realm. And thou the said Jolin Ballard, the 17th day of June, in the 28th year aforesaid, at St. Giles's aforesaid, in the county of Middlesex aforesaid, didst go to have speech, and confer with thee the said Anthony Babington, by what means and ways your false traitorous imagined practices might be brought to pass. And that thou the said John Ballard didst oftentimes declare of an army of the pope,

and the king of Spain, for to invade this realm; | and had speech, by what means your traitorous and didst also declare that Paget and Mendoza compassed imaginations might be performed. required them the said Babington, Savage, &c. And afterwards, that is to say, the 15th of June, to procure means how this realm of England at St. Giles's-Fields aforesaid, in the county might be invaded. And that there thou the of Middlesex aforesaid, thou the said Thomas said Anthony Babington didst say the same Salisbury, and the said Edward Jones, did could not be brought to pass, without the mur- conclude and agree, that the said Edward Jones der of the queen's most excellent majesty, and should conjoin with thee for the delivery of the afterwards, that is to say, the 7th day of June, said Mary queen of Scots, and for to aid and at St. Giles's aforesaid, in the county of Middle- assist the foreign enemies which should invade sex aforesaid, thou the said Anthony Babington this realm. And furthermore, that John Tradid falsely, horribly, traitorously, and devilishly vers, gent. another false traitor in this conspiconspire to kill the queen's most excellent ma- racy, went to Clerkenwell in the county of jesty, and for to deliver the said Mary queen of Middlesex aforesaid, traitorously to confer with Scots out of the custody wherein she was, and thee the said Thomas Salisbury, how your traihow to bring foreign enemies for to invade torous compassed imagination might be brought this realm. And that thou Thomas Salisbury to pass. And the same 15th day of June, at went to St. Giles's aforesaid, in the county of Clerkenwell aforesaid, in the county of MiddleMiddlesex aforesaid, traitorously to confer by sex aforesaid, the said John Travers did traitorwhat means and ways thy traitorous imagined ously conspire, and agree, for the delivery of practices might be brought to pass; and that Mary queen of Scots, and to assist the foreign thou didst there conclude falsely and traitorously invaders of this realm. And furthermore, that to go into thy country in the county of Denbigh, thou the said Henry Donn, for the compassing there to move and stir up sedition and rebellion; of thy traitorous practices, the 22nd of June, ir and for to persuade the subjects to conjoin the year aforesaid, traitorously didst repair, and with thee, for the delivery of the said Mary go to have speech, and confer with the said queen of Scots from the custody wherein she Anthony Babington, and John Ballard, how was, and for to aid and assist the foreign ene- your traitorous compassed imaginations might mies which should invade the realm. And af- be brought to pass. And the same 22nd of terwards the 9th day of June, that you the said June, as well in St. Giles's aforesaid, as in other Anthony Babington and John Savage, went to places, didst confer, and had speech how your St. Giles's aforesaid, in the county of Middlesex treasons might be brought to pass. And that aforesaid, traitorously to confer how and by thou the said Henry Donn, the 24th day of what means your traitorous imagined practices June, at St. Giles's-Fields aforesaid, didst conmight be brought to pass: and afterwards, the clude, and agree with the said Ballard and Ba10th of June you the said Anthony Babington, bington, to perform the best they could for the and John Savage, maliciously between your compassing of your treasons. And furthermore, selves, did appoint and conclude that thou the that thou the said Anthony Babington, the 8th said John Savage traitorously the queen's most day of July, in the year aforesaid, received letexcellent majesty shouldst kill and slay, and ters dated the 25th of June, from Mary queen her to final destruction for to bring. And that of Scots, by which she signified unto thee, that thou the said Babington and Savage should join she would not be unmindful of thy affection and assist the foreign enemies which should towards her; and required thee to send her invade this realm. And that thou the said letters from friends in France and Scotland. Anthony Babington, Chidiock Titchburne, and And the same day, thou the said Anthony BaRobert Barnewell, afterwards, that is to say, bington didst write unto the said Mary queen of the 11th day of June, in the year aforesaid, Scots, declaring the plot of thy treasons, and went to St. Giles's aforesaid, in the county of requiring from her, as from thy sovereign and Middlesex aforesaid, to confer by what ways prince, authority and commission to proceed in and means your treasons might be fulfilled and thy practices; and the 25th of July received brought to pass. And thereupon the 12th day letters of answer, by which the said Mary queen of June, you the said Babington, Titchburne, of Scots willingly allowed of these treasons; and and Barnewell, with divers other false traitors, also by her said letters did animate, comfort most horribly, devilishly, wickedly and traitor- and provoke thee to fulfil the same effectually. ously did conclude and agree, that you the said And furthermore, that sir Thomas Gerrard, Robert Barnewell, Chidiock Titchburne, with another false traitor, and thou the said John divers other horrible traitors, the queen's most Ballard, as false traitors, not having the fear of excellent majesty would kill and slay, and the God before your eyes, the 27th of July, in the foreign invaders would aid and assist. And 28th year aforesaid, at St. Giles's aforesaid, in furthermore, that thou the said Thomas Salis- the county aforesaid, did conspire, traitorously bury, together with Edward Jones, esq. and to deprive and depose the queen's most excelother false traitors, to bring to pass your trai- lent majesty from her royal crown and dignity, torous imagined practises, the 13th day of June, and her to final death and destruction for to in the year aforesaid, did go to St. Giles's-Fields bring: and sedition and rebellion to stir up and aforesaid, in the county of Middlesex aforesaid, procure, and to alter the government of the to confer how your treasons might be brought realm, and the true religion to subvert. And to pass: And the same 13th day did confer, that thou the said Anthony Babington, and the