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.--and others, for High Treason

1 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 Latia.

Chidiock Tichbourne began to speak as followeth, viz. Countrymen 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 account, 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 denyed 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, Fleet-street, and elsewhere about London, but of Babington and Titchbourne? No threshold was of force to brave cur 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 n 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 enjoy 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 ourselves, and there were apprehended. My dear countrymen, my sorrows may be your joy, yet mix your smiles with tears, and pity my case; I am descended from an house, from 200 years before the Conquest, never stained tiil this my misfortune. I have a wife and one child; my wife Agnes, my dear wife, and there is 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 night in some sort have recompensed my former guilt: which seeing I have missed, let me now meditate upon the joys I hope to enjoy.-This done, he prayed first in Latin, and then in English, asking her inajesty and all the world, heartily, forgiveness,

that he hoped stedfastly, now at this his last hour, his faith would not fail.

Charles Tilney said, I am a catholic, and believe in Jesus Christ, and by his Passion I bope to be saved; and I confess I can do nothing without him, which opinion all catholics firmly hold: and whereas they are thought to hold To Dr. White, scemthe contrary, they are in that, as in all other things, greatly abused. ing to school him in points of religion, differing from those which he held, he spoke in anger, I came hither to die, Doctor, and not to He prayed in Latin for himself, and argue. 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.

Edward Abington said, I come hither to die, holding all points firmly that the catholic church doth; and for the matter, whereof I am condemned, I confess all, saving the death of her majesty, to the which I never consented. Ile feared, as he said, great bloodshed in Eugland before it were long. Sheriff Ratcliff said, Abington, 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 And being he, this country is hated of all countries for her iniquity, and God loves it not. urged by Dr. White to be of a lively faith; he The Doctor asked him, how he meant, answered, he believed stedfastly in the catholic faith. for I fear me, said he, thou deceivest thyself: he answered, That faith and religion which is holden almost in all Christendom, except here Thus done, he willed them not in England. to trouble him any longer with any more questions, but made his prayers to himself in Latin.

He was cut

Ballard was first executed. down and bowelled with great cruelty while he was alive. Babington beheld Ballard's Execution without being in the least daunted: whilst the rest turned away their faces, and fell to prayers upon their knees. Babington being taken down from the gallows alive too, and ready to be cut up, he cried aloud several times in Latin, Purce mihi, Domine Jesu! Spare me, O Lord Jesus! Savage broke the rope, and fell down from the gallows, and was presently seized on by the executioner, his priBarnwell, Titchbourne, Tilney vitics cut off, and his bowels taken out while he was alive. and Abington were executed with equal cruelty.

On the next day Thomas Salisbury, Henry Donn, Edward Jones, John Charnock, John Travers, Robert Gage, Jerome Bellamy, were drawn to the place of Execution.

Thomas Salisbury said, Sithence it hath pleased God to appoint 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 bescech, with all others whom I have any way offended. I desire all true catholics to pray for me; and I desire them, as I 'beseech God they may, to endure 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 cried in English and Latin, Father, forgive me!

wife with my friends, and given over housekeeping, and by reason of my conscienɔe thought to live at ease; I called my servants together again, and began to keep house more freshly than ever I did, only because I was weary to see Salisbury's straggling, and for that I was willing to keep him about home; and never consented to any of his Treasons, but always advised him to beware; for though I was, and am a Catholic, yet I took it to be a most wicked act to offer violence to my naHenry Donn said, Do the people expect I tural prince. I did intend to go into Ireland, should say any thing? I was acquainted, I with Mr. Edward Fitton, and there to have confess, with their practices, but I never did served: until at length, very shortly after this, intend to be a dealer in them. Babington of my determinate mind being not settled, I retentimes requested me to be one, and said, for ceived a note of their names, amongst whom that he loved me well, he would bestow me in was the name of my dear friend: then I began one of the best actions; which should have to fear what hath happened; I heard that been the delivery of the queen of Scots, to night he would be at my house; and indeed he which I could not for a long time agree; at came thither about twelve o'clock, and the length, by many urgent persuasions he won door being opened him, as he was very familiar me, so as I told him I would do my best. with me, he came running up to my bed-side And being asked, as he was ascending the with a candle in his hand, which he took from ladder, whether he thought it lawful to kill her one of my men, saluting me with these words, majesty? He answered, No, no; for I take Ned Jones, how dost thou? Ah! Tom, said I, her to be my lawful and natural prince. And Art thou one of them that should have killed (as Salisbury) he desired all catholics to endure the Queen? Yea, said he, what meanest thou with patience, and never to attempt any thing by that? See, and read this, said I, giving him against her majesty, under whose government the Note wherein his name was; he seeing, he had lived quietly, until within these ten turned about and said, there be many caweeks, that those things were first imparted tholics in England as far in this act as we are: unto him; and whereas he was indebted to di- the more the worse, quoth I. Here is the sum vers, and divers in like manner to him, be for- of my fault, in which I know I have offcuded gave all that was owing to him, and craved for- her majesty; first, because I did conceal it at giveness of what he owed. He desired God to | London, and lastly, because I did not appreforgive Babington, the only cause of bis fall and bend my dear friend Tom, being in my house; death; and was right sorry for a gentlewoman, for which fault I am heartily sorry, and do ask one Mrs. Bellamy, at whose house he, with the her majesty forgiveness. There is one thing rest, were relieved after they fled; he prayed wherein I am to move you, concerning my God, whom he had chiefly offended, next her Debts: I have set them down so near as I majesty, and last of all the people, forgiveness; could what they are: good sir Francis Knowles, saying, No soul was more sorrowful than his, I shall intreat you to be a mean to her manor none more sinful; and prayed for her jesty, that there may be some care had of my majesty, wishing she might live in all happi- creditors and debtors. The debts which I owe ness, and after this life be eternized in everlast-do amount, in the whole, to 980. The debts ing bliss; and so he prayed in Latin and English.

Edward Jones said, I come hither to die, but how rightfully God knows; for thus stands my case: At Trinity term last, Mr. Salisbury made me acquainted with their purposes; and for that he knew me to be well horsed, he thought me as fit as any to attempt the delivery of the queen of Scots, and requested me to be one; which I utterly denied, altogether misliking their practices, and persunding him, by what means I might, from it; and told him, this was the haughty and ambitious mind of Anthony Babington, which would be the destruction of himself and friends, whose company I wished him to refrain; and for that I would have him out of his company, I have divers times lent him money, and pawned my chain and jewels to buy him necesSaries to go into the country. And whereas I had made conveyance of my lands to divers uses, with some annuities, and placed my

which are owing me are 1600. But who shall look into my compting-house shall find many of 100!. 2007. or 3007, whereof all is dischargcd, except some of 501. and some 401, and such like, without any defeasance, and lie only in my credit; so that unless some man of conscience enter into the action of my comptinghouse, it is like to be the utter undoing of a number; but God knows my mind, and I hope it shall not be laid to my charge; and so concluded with his prayers, first iu Latin, and then in English, that the people might better understand what he prayed.

John Charnock and John Travers having their minds wholly fixt on prayer, recommended themselves to God and the Saints. Gage extolled the queen's great grace and bounty to his father, and detested his own perfidious ingratitude towards his princess. And Jerome Bellamy, with confusion and deep silence, suffored last.

The Queen being informed of the severity

used in the Executions the day before, and de- | accordingly they were permitted to hang till testing such cruelty, gave express orders that they were quite dead, before they were cut these should be used more favourably; and down and bowelled.

64. Proceedings against MARY Queen of Scors: 28 ELIZ. A. D. 1586, for being concerned in a Conspiracy against Queen Elizabeth; with some things previous thereto, and necessary to introduce and explain those Proceedings. [Cambden's Elizabeth. 1 Hardwicke State Papers, 224. 1 Burghley Papers, 558. 1 Cobb. Parl. Hist. 779, 835.]

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harm upon her person; but do further think it our bounden duties, for the great benefit of peace, wealth, and godly government, we have more plentifully received these many years under her majesty's government, than any of our forefathers have done in any longer time of any of her progenitors, kings of this realin; to declare, and by this writing make manifest our bounden duties to our sovereign lady for her safety. And to that end, we and every of us, first calling to witness the name of Almighty God, do voluntarily and most willingly bind ourselves, every one of us to the other, jointly and severally in the band of one firm and loyal society; and do hereby vow and promise by the majesty of Almighty God, that with our whole powers, bodies, lives and goods, and with our children and servants, we and every of us will faithfully serve, and humbly obey our said sovereign lady queen Elizabeth, against all states, dignities and earthly powers whatsoever; and will as well with our joint and particular forces during our lives withstand, pursue and offend, as well by force of armis, as by all other means of revenge, all manner of persons, of whatsoever state they shall be, and their abetters, that shall attempt any act, or counsel or consent to any thing that shall tend to the harm of her ma

"Forasmuch as Almighty God hath ordained kings, queens, and princes to have dominion and rule over all their subjects, and to preserve them in the possession and observation of the true Christian religion, according to his holy word and commandment; and in like sort, that all subjects should love, fear, and obey their sovereign princes, being kings or queens, to the utmost of their power; at all times to withstand, pursue, and suppress all manner of persons, that shall by any means intend and attempt any thing dangerous or hurtful to the honour, state, or persons of their sovereigns. Therefore we whose names are or shall be subscribed to this writing, being natural-born subjects of this realm of England; and having so gracious a lady, our sovereign Elizabeth by the ordinance of God, our most rightful queen, reigning over us these many years with great felicity, to our inestimable comfort: and finding latelyjesty's royal person; and will never desist by divers depositions, confessions, and sundry from all manner of forcible pursuit against such advertisements out of foreign parts, from cre- persons, to the utter extermination of them, dible persons well known to her majesty's their counsellors, aiders and abettors.-And if council, and to divers others, that for the fur- any such wicked attempt against her most royal therance and advancement of some pretended person shall be taken in hand, or procured, title to the crown, it hath been manifested, whereby any that have, may or shall pretend that the life of our gracious sovereign queen title to come to this crown by the untimely Elizabeth hath been most dangerously designed death of her majesty so wickedly procured(which against, to the peril of her person, if Almighty God of his mercy forbid !) that the same may God, her perpetual defender, of his mercy had be avenged, we do not only bind ourselves both not revealed and withstood the same; by whose jointly and severally never to allow, accept or life, we, and all other her majesty's true and favour any such pretended successor, by whom loyal subjects, do enjoy all inestimable benefit or for whom any such detestable act shall be of peace in this land: do for these reasons and attempted or committed, as unworthy of all causes before alledged, not only acknowledge government in any Christian realm or civil ourselves most justly bound with our lives and state:-But do also further vow and protest, goods for her defence, and in her safety to as we are most bound, and that in the preprosecute, suppress and withstand all such in-sence of the eternal and everlasting God, to tenders, and all other her enemies, of what nation, condition or degree soever they shall be, or by what counsel or title they shall pretend to be her enemies, or to attempt apy

prosecute such person or persons to death, with our joint and particular forces, and to act the utmost revenge upon them, that by any means we or any of us can devise and do, or

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 virtue of this act have autho

cause to be devised and done for their utter overthrow and extirpation.-And to the better corroboration of this our Loyal Band and Association, we do also testify by this writing, that we do confirm the contents hereof by our oaths corporally taken upon the holy evange-rity to examine all and every the offences lists, with this express condition, That no one of us shall for any respect of person or causes, or for fear or reward, separate ourselves from this association, or fail in the prosecution thereof during our lives, upon pain of being by the rest of us prosecuted and supprest as perjured persons, and as public enemies to God, our queen, and to our native country; to which punishment and pains we do voluntarily submit ourselves, and every of us, without benefit of any colour and pretence.-In witness of all which premises to be inviolably kept, we do to this writing put our hands and seals; and shall be most ready to accept and admit any others hereafter to this Society and Association."

6

This Association, although entered into voluntarily by persons in their private capacities, was confirmed and established by a statute made 27 Elizabeth, 1585, entitled; An Act for the Security of the Queen's Royal Person, and the continuance of the realm in peace;' and is as follows:

"Forasmuch as the good felicity and comfort of the whole estate of this realm consisteth only (next under God) in the surety and preservation of the queen's most excellent majesty; and for that it hath manifestly appeared, that sundry wicked plots and means have of late been devised and laid, as well in foreign parts beyond the seas, as also within this realm, to the great endangering of her highness's most royal person, and to the utter ruin of the whole commonweal, if by God's merciful providence the same had not been revealed: therefore for the preventing of such great perils as might hereafter otherwise grow by the like detestable and devilish practices, at the humble suit and earnest petition of the lords spiritual and temporal, and the commons in this parliament assembled, and by the authority of the same parliament; be it enacted and ordained, if at any time after the end of this present session of parliament, any open invasion or rebellion shall be had or made, into or within any of her majesty's realms or dominions, or any act attempted, tending to the hurt of her majesty's most royal person, by or for any person that shall or may pretend title to the crown of this realm after her majesty's decease; or if any thing be compassed or imagined, tending to the hurt of her majesty's 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 majesty's commission under her great seal, the lords and other of her highness's 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

aforesaid, and all circumstances thereof, and thereupon to give sentence or judgment, as upon good proof of the matter shall appear unto them. And that after such sentence or judgment given, and declaration thereof made and published by her majesty's 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 majesty's dominions; any former law or statute whatsoever to the contrary in any wise notwithstanding. And that thereupon all her highness's subjects shall and may lawfully by virtue of this act, and her maand possible means pursue to death every such jesty's direction in that behalf, by all forcible wicked person, by whom or by whose means, lion shall be in form aforesaid denounced to assent, or privity, any such invasion or rebelhave been made, or such wicked act attempted, or other thing compassed or imagined against her majesty's person, and all their aiders, comforters and abettors.-And if any such detestable act shall be executed against her highness's most royal person, whereby her majesty's 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 virtue 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 highness's 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 majesty's dominions, shall and may lawfully, by virtue of this act, by all forcible and possi ble 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 wiss 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 majesty's 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 majesty's privy-council at the time of such her decease, or the more part of the same council, joining 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 any title to the crown), those persons which were chief justices of either bench, master of

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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 well concerning the disallowing, excluding, or disabling any person that may or shall pretend any title to

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, or against any other person or per

The following year, 1586, Babington and others being convicted of a Conspiracy to assassinate queen Elizabeth; and the queen of Scots being charged with countenancing and encouraging that Conspiracy, a Commission was issued out, founded upon the abovesaid Statute, for the EXAMINATION and TRIAL of the said queen of Scots, to the effect following:

the rolls, and chief baron of the exchequer at the time of her majesty's 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 highness's 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-come to the crown of this realm, as also for council, shall to the uttermost of their power and skill examine the cause and manner of such her majesty's 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 with-sons." out any delay, by all forcible and possible means, prosecute to death all their aiders and abettors; and for the doing thereof, and 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, they 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 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 virtue of this act be therefore excluded and disabled for ever to have, or claim, or pretend to have or claim the crown of this realm, or of any other her highness's 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 majesty's realms and dominions, shall to the uttermost of their power aid and assist the said council, and all other the lords and other per-ons, to be adjoined to them for assistance, as is aforesaid, in all things to be done and exccuted according to the effect and intention of this law; and that no subjects of this realm shall in any wise be impeached in hody, landlords of the parliament; and to our most dear 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 majesty's 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, joined themselves together in one bond and Association, to withstand and revenge to the uttermost all such malicious actions and attempts against her majesty's most royal person: now for the full explaining of all such ambiguities and questions, as other wise might happen to grow by reason of any

"Elizabeth by the grace of God, of Eng land, France, and Ireland queen, defender of the faith, &c. To the most reverend father in Christ, John archbishop of Canterbury, primate and metropolitan of all England, and one of our privy-council; and to our trusty and well-beloved sir Thomas Bromley, kt. chancellor of England, and one of our privycouncil; and also to our trusty and wellbeloved Wm. lord Burghley, lord treasurer of England, another of our privy-council; and also to our most dear cousin William lord marquis of Winchester, one of the lords of the parliament; to our most dear cousin Edward earl of Oxford, great chamberlain of England, another of the lords of the parliament: and also to our most dear cousin George earl of Shrewsbury, earl marshal of England, another of our privy-council; and to our most dear cousin Henry earl of Kent, another of the lords of the parliament: and also to our most dear cousin Henry earl of Derby, another of our privy-council; and to our most dear cousin William earl of Worcester, another of the lords of the parliament; and also to our most dear cousin Edward earl of Rutland, another of the

cousin Ambrose earl of Warwick, master of our ordnance, another of our privy-council; and to our most dear cousin Henry earl of Pembroke, another of the lords of the parliament; and also to our most dear cousin Robert earl of Leicester, master of our horse, another of our privy-council; and to our most dear cousin Henry earl of Lincoln, another of the lords of the parliament; and also to our most dear cousin Anthony viscount Montague, another of the lords of the parliament: and to our trusty and well-beloved Charles lord Howard, our great admiral of England, another of our privycouncil; and to our trusty and well-beloved Henry lord of Hunsdon, our lord chamberlain, another of our privy-council; and also to our

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