This Letter was first written in French by the Scots queen's own hand, and then translated into English, and put into cypher by Curle, as he confessed and subscribed the same the 25th of Sept. last. Upon reading of these Letters, it was noted, That the Scots queen's intention was, to subject this crown and realm to the king of Spain, to the utter ruin and destruction, both of the queen's majesty, and of all the antient nobility, which purpose appeareth to be generally holden by the English fugitives and traitors beyond the seas, as Babington and Savage set down in their several Confessions and Declarations: and that their intention is, to procure the king of Spain title to this realm, to be confirmed and invested by the pope, to take away all objections against it. And as Babington saith, Dr. Allen and Parsons staid longer at Rome, to solicit the same. After this was read, another Letter written to the Scots queen, by Dr. Allen, the 5th of Feb. wherein he writeth unto her, Madam, my good sovereign, for our resolution out of Spain, the whole execution is committed to the prince of Parma.' That father Parsons, Owen, and himself did bring the king's determination to the prince, who seemed as glad as they, that he might have the effectuating of it; and gave great sign to do it, strait upon the recovery Antwerp, but harped still upon this string, that she should by money, or some means, put herself out of their hands. of Then was read the Scots queen's Letter to Dr. Allen the 20th of May 1586, wherein she called him Reverend Father,' and saith, they have overslipped many good occasions and wisheth, that they should not withal omit this new offer, pinching near by this queen. Upon these Letters were inferred, that Dr. Allen did acknowledge her to be his Sovereign, and to be the queen of this realm in present possession, and she accepting the same, gave him the title of a bishop. Whereunto shie answered, That though Dr. Allen, and divers other foreign princes, and the Catholics of this realm did so take her, yet she could not do withal; but for herself, she did not claim to be so. and put to effect as much as she should command, and should be in his power. Also, the Scots queen did write to Dr, Lewis, ult. April 1586, wherein she willeth him to impart her congratulations to the new elected pope, and her affection towards him, chiefly for that she understandeth his resolution bent, to follow, as near as he can, the traces and footsteps of good pope Pius 5, of whose memory she beareth a singular reverence, for the singu lar compassion he had of her present state, and his endeavour which he did manifest to relieve her. Whereupon, it is to be noted, that her imaginations be against the queen's person and state, since she exciteth the pope to follow the steps of Pius 5, who published the bull of excommunication against her majesty, and thereby denounced her to be no lawful queen, and discharged her subjects of their obedience and allegiance; out of which root hath sprung all the traitorous practices that have since been attempted against her highness's person. And for the verifying of these Letters before mentioned, written by the Scots queen; it is to be remembered, that the original draughts of all these Letters, saving that only which she wrote to Babington, which, as Curle affirmeth, she commanded to be burned, as is before mentioned, were found amongst her Papers at Chartley and put in a chest, sealed up by John Manners, esq.; sir Walter Ashton, knight, and Richard Bagot, esq.; which was first opened and unsealed, and the same draught taken out, by certain of the lords and others of her majesty's Privy Council. After, on the 24th of Oct. the Lords and other Commissioners being assembled at the Star Chamber at Westminster, to confer of the said matters, and touching their Sentence, Nau and Curle were brought personally before them; and the Papers, Letters, and Writings, which they had before confessed and subscribed, and affirmed by their oaths, as is aforesaid, being then and there likewise shewed unto them, they did then eftsoons voluntarily acknowledge and affirm all that to be true, which they had before so confessed and subscribed, and that they had so confessed and subscribed the same, only in respect of the truth, frankly and voluntarily, without any torture, constraint, or threatening. And the said Curle did then also further affirm, that as well the Letter which Babington did write to the Scots queen, as the draughts of her Answer to the same, were both burned at her command. It is also to be noted, that the resolution which was to be put in execution by the prince He said also, after the decyphering of the of Parma, and which the Scots queen was so said Letter written by Babington, and the readcareful should not be overslipt,, cannot being thereof to the Scots queen, he admonished thought to be other but matter of great peril to her majesty's person and this state. And so it may also be gathered by a Letter written by the prince of Parma to the Scots queen the 12th of Jan. 1586, where he writeth, that touching the great secret, he would keep it, as it becometh, her of the danger of those actions, and persuaded her not to deal therein, nor to make any answer thereunto: and she thereupon said she would answer it, bidding him do that which he was commanded, and which appertained unto him. 65. The Arraignment of WM. DAVISON (Secretary of State to Queen Elizabeth) in the Star-Chamber, for Misprision and Contempt: 30 ELIZ. March 28, A. D. 1587. [MIS. in Caius Coll. Camb. Class A. 1090, 8. p. 267. MS. in the Bodleian Libr. sub. tit. Juridici, 7843. 862. p. 235.] Before sir Christopher Wraye, Chief Justicety's sacred person were contrived, most false of England, who for the time sate as Lord Privy-Seal; the archbishops of Canterbury and York; the earls of Worcester, Cumberland, and Lincoln; the lords Grey, Lumley; sir James Croft, the comptroller; sir Gilbert Gerrard, Master of the Rolls; the Lord Chief Justice of the Common Pleas, Edmund Anderson; sir Roger Manwood, the Lord Chief Baron; and sir Walter Mildmay, the Chancellor of the Exchequer; For hearing of a matter of Misprision and Contempt against Mr. Davison, late one of her majesty's Secretaries, and one of her Privy-Council, by virtue of a Commission to them directed*. WHEREUPON Mr. Popham, the queen's Attorney-General, spake in form following: My Lords, I am to inform your lordships in her majesty's behalf, of a certain great and grievous Contempt and Misprision against Mr. Davison, there prisoner at the bar, late one of her majesty's secretaries. The manifold and Sundry practices committed by the Scotish queen are not unknown unto your honours, which were offences in the highest degree, and required to be looked unto with speed. It is well known unto your lordships also that thereupon, by earnest intreaty and intercession, her majesty at length condescended that the matter should be heard and decided according unto law. Whereupon, were those honourable proceedings had at Fotheringhay. But the residence which belonged thereunto, to-wit, the Execution, her majesty politicly neither consented unto, nor denied, estecming no clemency in the former, nor wisdom in the latter. Which course, she held from the 25th of Oct. all Nov., Dec. and Jan. During which time, most horrible conspiracies against her majes Queen Elizabeth undertook to make the public believe that the execution (of the Queen of Scots) was done against her will, and without her knowledge; the way she went to work was thus: Davison was the instrument she made use of, without his knowing any thing of the matter, to act this sort of Comedy. A little before the Queen of Scots' sentence he was made Secretary of State; and it is very likely he was put into that post on purpose, that he might be drawn into the snare, and made accountable for Mary's death. Rapin, vol. ix. (Oct. Edit.) pages 105, 106. See also pages 109, 110, 111, 112, 113, for more particulars of this affair. rumour that the Scotish queen was escaped, spread abroad, and bruited that foreigners were landed for invasion; all which, for preservation of the Scotish queen, and prejudice of ours. Upon these considerations, her majesty assented to sign the Warrant for her Execution, by whom such tumults were raised: notwithstanding, being moved to mercy by her great wisdom, she thought it necessary to have it in readiness, if any attempt should be begun, and yet not in haste to execute the same: this so signed, she left with Mr. Davison to carry the great seal, to have it in readiness as aforesaid. And he, after the scaling, and without her majesty's commandment, presented it unto the lords without her privity, contemptuously. Notwithstanding, upon the delivery thereof to him, her majesty bid him use secrecy. And upon question made by the lords whether her majesty continued in that mind for execution of the Scotish queen, he said, she held that course still; and upon farther question made, said her majesty would not be farther troubled with that matter. Whereupon the lords seeing no impediment, dispatched the Execution, wherein Mr. Davison did break the secrecy her majesty reposed in him, in delivering it unto the lords, and dealt very contemptuously in not making her privy, knowing her mind to be to the contrary. For her majesty sent Mr. Killegrew unto him, commanding him, if it were not sealed already, it should not be sealed; and after, when he told her majesty it was sealed already, she asked him what haste? This act so done by him, he being but a particular counsellor, her majesty doth take it a matter of high indignity and abuse of her counsellors, and a thing of the greatest moment that ever happened since her reign, since which time never any counsellor in matters of far less importance proceeded without her resolution or privity: which thing she leaves to your honours consideration for punishment thereof. Davison, with a comely countenance, replenished with gravity, a fine deliverance of speech, but a voice somewhat low (which he excused by late sickness) discreetly answered in sort ensuing:-My Lords, I am right sorry, that an action of this nature, for the honourable Proceedings against the Scotish queen, than which never was any thing more honourable, should after the full and laudable performance thereof be called into question. Again, my lords, I am most sorry that her gracious highness should conceive such an high displeasure against me, as to trouble your ho- | nours with me at this present. But as in all mine actions heretofore, I have been most faithful and forward to do her majesty's commandments; so in this, by your honours favour, let me bear the testimony of my conscience, that I have done nothing either wittingly or willingly, but as became an honest man. And therefore, first, that I delivered it unto the lords without her commandment, or against her commandment; let it be lawful for me with your honours leare to protest the contrary. To that the Attorney answered, I said not that you delivered it unto the lords against her commandment, but that you knowing her mind to be contrary to it.-Davison to that replied, Well, then, I desire to have the proofs: whereupon the Solicitor-General read his Examination, wherein to the sixth point he sayeth, That after the signing and sealing he made her not privy to the sending down.---Mr. Davison to that answered; My good lords, the Warrant for the execution was signed and sealed by her majesty's express commandment; which being so, I take it to be irrevocable in law. Whereupon, by the advice of the lords it was sent down, she not being privy to sending down, wherein I thought I dealt as beseemed me: for writs of execution do not use to come to her majesty. That I was so forward, I thought it my duty, and for no other reason I protest; for I never had any private grudge or hatred against the Queen of Scots, but in respect of my country and common-weal. The Warrant rested with me six weeks before I presented it, and when I presented it, my Lord Admiral will witness I was sent for. The place I held, I protested I never sought for: it pleased her majesty for some gracious opinion of me to prefer me thereunto. In which I am assured I have not committed any wilful error, but as an honest man should do; for nothing in the world is more dear to me than my reputation. I confess I said to some lords, I took it to be her majesty's pleasure to proceed therein, and I appeal to her majesty's own conscience if I had not cause to think so. But she is my most gracious sovereign; it is not my duty to say, if she gainsay; I will not stand in contestation with her, for it beseems me not, and therefore I submit myself to what punishment your honours shall please to lay upon me. To that the Solicitor (Egerton) answered; Mr. Davison, you do well to extol the honour of the Proceedings, for it beseems you, and so the truth was. But I must tell you the more honourable the proceedings were, the more is your contempt in not making her privy. In reserving the Execution, I note her majesty's magnanimity, who not regarded the dangers of her own self, to continue the other's life. And yet her wisdom is therein to be commended, who thought good to have it in a readiness, with intention to have clemency to long as might be. In not contesting with her majesty you observe duty, but by your means was a great contempt; and further, she said to you, you should use it with great secrecy. To which Mr. Davison said, I confess it; and the Solicitor replied, Why then that was a caution not to do it without her consent: so notwithstanding your intention was good, it was a foul error. Whereto Davison rejoined, She is my most gracious sovereign, as good a mistress unto me as ever any servant had, and what I have I had it at her hands, I hope therefore, my lords think me not so unwise as to of fend her, unless by oversight; but that I did it wittingly or willingly, I protest I did it not. And notwithstanding she sent Mr. Killegrew that it should not be sealed, if it were not sealed already: yet it proves not but that she had a mind to do it when it was sealed. She said unto me, What haste? whereto I answered, I had done it by her majesty's commandment, and that such a thing might not be dallied withal. Now, my loids, the reasons to move me to think it was her majesty's meaning, were sundry and divers: first, the honour and justice of the cause: next, I knew of advertisement from beyond the seas of her majesty's imminent dangers. Also I was privy to the Proceedings at Fotheringhay. I was not ignorant of the doings in Parliament. Last of all, the rumour of Invasion, the cries and tumuits in the realm, which moved me, having no express commandment to the contrary, to do as I did.-When he had said this, Mr. Solicitor read his Examination, where to the second he saith, When her majesty bade him use secrecy, he said he would be as careful and secret as should need: to the third, he confesseth Mr. Killegrew came unto him, telling him, if it were not sealed already it should not be sealed. To the seventh, after the Warrant was sealed, her majesty asked him, What haste? Whereto Davison answered, Though her majesty commanded me to keep it secret, and I told the council of it, how can I be thought ill of for that? For her majesty bade me expressly shew Mr. Secretary Walsingham thereof; my Lord-Chan. cellor must needs know it, forasmuch as he must seal it. And her majesty made my LordAdmiral privy thereunto; why then might I not make it known to some others that were chief counsellors? To that said Mr. Attorney, Though Mr. Walsingham should know it, yet it was not general. Mr. Davison answered, Neither was I verbally commanded to conceal it from the rest. Then said the Solicitor, Another matter makes against you; my Lord Treasurer did ask you, whether it was her majesty's pleasure? And you answered, Yea. To that said Davison, I remember not that. The Solicitor replied, It is my Lord-Treasurer's testimony. And Davison rejoined, I reverence his testimony; and proceeded, saying, My lords, the cause is between her majesty and me; she is my gracious sovereign, and I her servant, it behoveth me not to say, if she gainsay; neither could I, as I said, contest against her; yet let me protest, that, in my own conceit, I have dealt as sincerely soundly, and honestly as any servant conld do. Then spake the Lord Chief Justice of England, saying, By that if she asked you, What haste? You might know it was her pleasure to defer it, and therefore you to do it without her commandment was a great offence. -Then spake Gawdie, the queen's Serjeant: My lords, four things I note that Mr. Davison confesseth; first that her majesty bade him use secrecy; next, the Warrant being sealed, Mr. Killegrew was sent unto him, that were it not sealed already, it should not be sealed at all. Thirdly he confesseth her majesty was content he should shew it Mr. Walsingham, which proves she minded to keep it from the rest. And it had been his duty to have known her pleasure: and therefore for so much as he Confesseth this, I take it to be a great contempt, Indignity and Misprision for hun to say his intent was good; he thought it so, is no Answer. Fourthly her majesty told him, she thought of some other course to be taken, and he gave her no Answer; besides, he confesseth be told the lords it was her majesty's pleasure upon such a demand made. Davison answered, that general | demand was made. Gawdie replied here, It is the Lord Treasurer's testimony, Davison rejoined, Let me have right; it was but privately demanded between my Lord-Treasurer and me. I will not speak in excuse, but only to answer; I demand, whether the imparting of it to the Council be such a contempt: farther, there is difference between an express commandment, and an implied speech. The loss of my place, I do not esteem, neither weigh I this disgrace; only her majesty's disfavour is the thing that grieves me.-Then Puckering the queen's Serjeant began to speak, aggravating Davison's Offence, and forward to accuse, and yet seemed more pro forma tantum, than of any matter be had to charge him withal, more than had been spoken of before. Whereupon Davison answered, All this speech is answered, but that I made her not privy; whereto I say, I made her not privy in respect my lords of the council thought it not necessary, because it was not fit she should be privy to the Execution. I will not stand upon terms, as I say, for it becomes me not, but submit myself to your honours censures. Commission to great persons to hear what she could alledge in her defence. And albeit that upon the hearing thereof she was declared to be Guilty, yet none could think Execution might be done without her majesty's express assent. Then he dilated of the proceedings of Parliament, the Petition, her Answer thereunto, wherein he noted her wisdom in not being hasty in so high a matter; he shewed farther, how she was contented to hear ambassadors, if they could propound any thing in her defence. Afterward followed the Proclamation to notify the Proceedings passed unto the people; for people, said he, be desirous to bear of state-matters, and I warrant you itch to understand what we do here: herein, said he, was justice, mercy, and discretion. Afterwards, upon the..... and cries, she thought it necessary to look unto it; upon this she sealed her warrant, yet continuing her former clemency, not to put it in Execution; for as it was in her to grant that it should be done, so she might. stay and defer it; which she so meaning, it behoved her to trust somebody, and so, said he, she did this gentleman, called unto her service upon trust, who, for the acquaintance that I have had with him, was worthy of that place. This trust she committed unto him, and I am sorry, said he, he was not in this so good a servant as in all other things. Surely he had notable cautions, not to have presumed in so great a matter to have done any thing without her commandment. His offence, said he, I interpret in two degrees; an abuse to the trust, and the Contempt for the first she willed him to tell it Mr. Walsingham, and it is no excuse to say, she forbad you not the rest: for you ought not to have told it unto any but whom she would. Also, which aggravates your offence, you told the lords she was pleased, For the Contempt, the writ was not delivered unto you, but had it not been delivered unto them to whom it was directed, then had it been a commandment. Your good intention was no Answer, neither ought my lords to allow of it, albeit per case I could allow it, because I know you. your fault is the greater, which you know. Farther, you were near her, and had time convenient to shew her; hereof said he, hath fol : Also Then said Wraye, Mr. Davison, to say it was irrevocable you are deceived, for she might do it at her pleasure. Then said Davison, Ilowed a greater mischief to the queen's majesty, beseech you, my lords, make means to her majesty that I may have her favour; and for the rest, I wave it not. Whereupon Wraye willed sir Walter Mildmay to deliver his opinion; who began in form following: which may turn to all our hindrance, forasmuch as our welfare depends upon her well-doing. Next, said he, hath followed a dishonour to her majesty, that she having governed this land so long time in all obedience, a servant of hers in this age, should have so small regard. Now for my opinion of the Offence, it resteth to consider what punishment is behoveful in such a case. How honourable her majesty, our gracious sovereign, hath dealt in all justice, is known to all the world, against such Traitors, by whom her life should have been taken away; where-Punishments in this court are either corporal, upon should ensue, subversion to the whole state, upon the proceedings whereof it appeared that the Scotish queen was chief author, dealing most ingratefully against her who before time had saved her from them that vehemently sought her destruction. And notwithstanding that her majesty might have proceeded against her as a private person, yet she granted her VOL. I. or pecuniary, pecuniary by fines imposed upon offenders; and corporal, by punishments and such like. Now, said he, if the fine should be secundum quantitatem delicti, I think he should not bear it; for I know his estate. Surely less than ten thousand marks may not be sufficient, which though it be too great for his ability, yet is it too little for his fault. 4 K The quali fication, whereof, resteth in them where I doubt not he shall find favour; next he must suffer Imprisonment during her majesty's pleasure, which must be reserved to her merciful mitigation. : because the fault is bad; and it is the worse, After him spake the Master of the Rolls, agreeing with the censures of them that spake before; and that Mr. Davison's great zeal made him forget his duty: also saying, that the point did rest, whether he did know it was her majesty's pleasure it should be stayed, which, said he, appeareth by his own confession; and therefore, in fine, he agreed with the former censures. Next spake sir James Croft, who said not very much, and yet spake somewhat: that he loved the man well, and so had cause, saying, that he had no lack of good-will; but yet had grievously offended. So he subscribed in opiuion to the former judgment. And after him spake Manwood the Chief Baron, who in the beginning of his tale took so large a scope, as many did judge he would be tedious, as he was indeed. First, he declared how in the very beginning the queen of Scots bewrayed her malice against the crown of this land when she was queen of France, at which time she made letters patents as queen of England; she usurped her majesty's stile, and she quartered the arms of England. Then he descended unto her doings when she was dowager; how she excused her former offences by reason of coverture then he declared her marriage with the lord Darnley; the murder of her husband, the practices with the bishop of Ross; her conspiracy with the duke of Norfolk. To conclude, he couched the whole history which any way concerned her life or manners. At last he came to Mr. Davison's offence, which he took in law to be a misprision; and yet not every commandment of the prince transgressed, is a misprision: But, said he, when one is put in trust in a point of justice, which is the government of the common-weal, there a commandment transgressed is a misprision. For example whereof, he cited a case there in that place decided; meaning sir John Throckmorton's case, as many deened. Also, said he, if a sheriff exercise his office without an oath, that is a misprision. And, said he, if one have power by law to do a thing, if he prevent the time where-ther, in saying, that she was of that mind still, in it ought to be done, that is a misprision. And if a judge for expedition of justice should sit in judgment before the term, that is misprision. Now, said he, this is a misprision, because you prevented the time in doing it before you were commanded, although the thing were lawful for you did fustum, but not fuste. Farther, by naming Mr. Walsingham in specialty, it was a secluding the rest in generality. And, also, if the warrant were sealed, yet was it not lawful to kill her, because the direction was special, and not general. So then he concluded the contempt was great, and the punishment assessed by sir Walter Mildmay worthily deserved, whereunto he agreed. After him, spake Anderson, Chief Justice, who said, The Proceeding had been hipnourable, which he would not speak of, being known unto all men, and having been spoke to before. But to come to the case in question; in the Accusation, said he, be two parts, first, that Mr. Davison, without her majesty's commandment, sent it down? and the second, that against her commandment he made the lords privy. For the first, he confessed; to the second he saith she bade him use secrecy. The causes alledged by him are good, and yet the proceeding therein, that which caused the of fence, the words, use secrecy,' and not to cause it to be published or known to any. Then he being one of her majesty's Council, After him spake the lord Lumley, who divided the offence into two parts. First, The neglect of his duty; and secondly, The breaking of his duty: saying further, that the Judges had told the law, and we must believe them, that it is within the compass of a Contempt. The matter, said he, is evident: for first, her unwillingness in the Parliament was a signification of her mind, which he let slip. Aud far surely you spake without the book, which was a very bold part; for you ought to have told them how dutiful it was; yet, sir, you took a worse course, that such a high matter by your persuasions, as it should seem, should be done without her privity. Why said he, what an abuse of the counsellors was this? Surely a great abuse! and if it were a fault against them, much more against her majesty: this is one of the highest offences, by my trowth, (for so he sware) that ever subject did against the prince; and though you were my brother and heir (before God I speak it) I think the punishment too little; yet with no offence to you, but for the quality of your fault. But, I say, had a greater Fine been imposed upon you, I would easily have agreed thereunto. After him spake my lord Grey; who said, Two points were spoken of: the first, touching the queen of Scots; and the next, Mr. Davison's offence. For the first, said he, it is largely discoursed: for the last, my good lords, let me crave your farther examination. His offence is made the more for divers circumstances; the first circumstance is, for that it was for execution of a queen; but what queen? Surely such a queen as practised most horrible Treasons against our sore eign queen! such a queen, as conspired the overthrow of the whole state! yea, such a queen, that sought the subversion of Christ's true Religion, to bring our souls |