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 1.0 man of his quality

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 her majesty's hands than he; insomuch that in quality of the prison where the earl remained, all exercises of recreation used by her majesty Sir Christopher Hatton, knight, her majesty's the earl was always called to be one, and whenVice-Chamberlain, who as it seemed, had soever her majesty shewed herself abroad in been specially employed by her majesty, among public, she gave to him the honour of the best others of her privy council, in the looking into and highest services about her person more and examining of the Treasons aforesaid, as often than to all the noblemen of her court. well in the person of the earl as of others, But the remembrance of these most gracious and at the time of the earl's commitment from and more than extraordinary favours and behis 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 by Master Vice-Chamberlain, of her majesty's the earl in mind of her majesty's manifold disposition of mercy towards him, nor the graces and favours, in former times conferred consideration of the depth and weight of his upon him, proceeding from the spring of her Treasons against her majesty, her estate, her majesty's princely and bountiful nature, and crown, and dignity, with the danger thereby not of his deservings; and to advise him to like to fall upon him by the course of her highdeliver 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 privately to her majesty, or by speech to Master Vice-Chamberlain, who signified also unto him, that if he would determine to take that course, he should not only not be committed to the Tower, but should find grace and favour at her majesty's hands, in the mitigation of such punishment as the law might lay upon him. And here Master Vice-Chamberlain repeated at length the effect of her majesty's message at that time sent to the earl, beginning first with the remembrance of his practice undertaken for the conveying away of the Scotish queen about the time of the last rebellion (as hath been declared in the beginning of this tract) and that he confessing the offence being capital, her majesty nevertheless was pleased to alter the course of his trial by the justice of her laws, and suffered the same to receive a slight and easy punishment by way of mulct, or fine of 5000 marks, whereof before this his imprisonment, as it is credibly reported, there was not one penny paid, or his land touched with any extent for the payment thereof; which offence was by her majesty not only most graciously forgiven, but also most christianly forgotten; receiving him not long after

him and his house (standing now at her majes ty's mercy) could once move his heart to that natural and dutiful care of her majesty's safety that he ought to have borne towards her, and she most worthily had merited at his hands, or any remorse or compassion of himself and his posterity? but resting upon terms of his inno cency, having, as you may perceive, conveyed away all those that he thought could or would any way accuse him, he made choice rather to go to the Tower, abide the hazard of her majesty's high indignation, and the extremity of the law for his offences: a notable augur of his fall, and that God, by his just judgment, bad, for his sins and ingratitude, taken from him his spirit of grace, and delivered him over to the enemy of his soul, who brought him to that most dreadful and horrible end, whereunto. he is come: from the which, God of his mercy defend all christian people, and preserve the queen's majesty from the Treasons of her subjects, that she may live in all happiness, to see the ruin of her enemies abroad and at home; and that she, and we, her true and loving subjects, may be always thankful to God for all his blessings bestowed upon us by her, the only maintainer of His Holy Gospel among us.

62. Proceedings against ANTHONY BABINGTON, 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.

THE 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

1129]

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.

Dutchy; Mr. Randall; Mr. Cook; Mr. but circumstance: moreover thou must say, Wrathe. By force whereof was a precept di- either that tliou art Guilty or not Guilty, for so rected to the Lieutenant of the Tower, com- hath the law ordained every one to answer; manding him to have the bodies of Anthony and if thou answer not so, thou refusest to Babington, esq. Chidiock Titchburne, esq. Tho-be tried by the law, and so shalt be causer of mas Salisbury, esq. Robert Barnewell, gent.thy own death. 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 theydence against thee. 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. 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;

:

Hatton. To say, that thou art Guilty to that, and not to this, is no plea; for thou must either say either confess it generally, or deny it generally: wherefore delay not the time, but 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 evi

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 forasmuch as they desired that the

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. That the said John Savage served in the (and so read his Indictment) which in effect 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 So they went 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. swear to murder the queen's most excellent to supper, and after supper ended Gifford deAnd after-claring unto them, how necessary, how just majesty, his own natural prince. 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 con-
spire 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 seen
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, espe-
cially all the Throckmortons and Giffords. At
last Savage, overcome with their persuasions,
gave his assent and oath, that he would put
When he had given his
the same in practice
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 Clerk of the Crown. John Ballard, Anthony intent and purpose, for to kill the queen Babington, John Savage, Robert Barnewell, but not doing the same as soon as was looked Chidiock Titchburne, Thomas Salisbury, and for, he received letters from Morgan and Gif- Henry Donn, hold up your hands; which being ford from beyond the seas, persuading him to done, he said, Before this time you were inexccute the same. But then he fell acquainted dicted before sir Edmund Anderson knight with the most notorious conspiracy of Babing- and others, &c. by virtue of her majesty's com ton, whereby was another plot devised, That mission, &c. That whereas Bernardino de there should be six which should kill the queen: Mendoza, a Spaniard, and Charles Paget, the Savage would not assent thereto, forasmuch as 26th day of April, 1586, at Paris in France, he thought, except he did it himself, his con- did maliciously and wickedly devise, by what science could not be satisfied, because he had ways and means this realm of England might promised and vowed to do that himself. But be invaded, and by what ways and means Mary Babington told him, he should be one. In the queen of Scots might be delivered: it was conmean season was Ballard the priest appre- cluded then, that thou the said John Ballard hended, the 4th of August last. Then came should go into this realm of England, to underBabington to Savage, saying, Ballard is taken, stand and know what ports and landings might all will be bewrayed, what remedy now? Then be procured and provided for the enemies inva said Savage, No remedy now, but to kill hersion, and for to learn by what means and ways presently. Very well, said Babington; then the said Mary queen of Scots might be delivered go you unto the court to-morrow, and there from the custody wherein she was. And that execute the fact. Nay, said Savage, I cannot thou the said John Ballard, coming into this go to-morrow, for my apparel is not ready, and realm of England; you the said Anthony Bain this apparel shall I never come near the bington, John Savage, Robert Barnewell, queen. Go to, quoth Babington, here is my Chidiock Titchburne, Thomas Salisbury, and ring, and all the money I have, get the appa- Henry Donn, as false traitors against the crown, rel and dispatch it. But the same night, Ba- and the queen's most excellent majesty, your bington fearing lest Savage alone should fail to true and natural sovereign; intending to put do it, continued his other plot, that six should away the love of her majesty's most loving subride to the court and do it: but the next day, jects, the 5th day of June, in the 28th year of Babington suspecting somewhat, fled, and all the reign of our sovereign lady queen Elizabeth, was discovered. And also it appeared by Sa- by the grace of God, &c. at St. Giles's in the vage's own Confession, how, between Midsum- Fields, within the county of Middlesex,did mer and Alhallontide, 1585, he was solicited by falsely, horribly, traitorously and devilishly, Gifford to kill the queen and the earl of Leices- conspire, conclude and agree, the queen's most Furthermore divers other proofs were excellent majesty not only from her royal crown shewed forth by Confession of other, all agree- and dignity to depose, but also her to kill and ing to Savage's confession. 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 John 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,

ter.

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

Hatton. Savage, I must ask thee one question: Was not all this willingly and voluntarily confessed by thyself, without menacing, with out 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

and had speech, by what means your traitorous compassed imaginations might be performed. And afterwards, that is to say, the 15th of June, at St. Giles's-Fields aforesaid, in the county of Middlesex aforesaid, thou the said Thomas Salisbury, and the said Edward Jones, did conclude and agree, that the said Edward Jones should conjoin with thee for the delivery of the said Mary queen of Scots, and for to aid and assist the foreign enemies which should invade this realm.

And furthermore, that John Travers, gent. another false traitor in this conspiracy, went to Clerkenwell in the county of Middlesex aforesaid, traitorously to confer with thee the said Thomas Salisbury, how your traitorous compassed imagination might be brought to pass. And the Bame 15th day of June, at Clerkenwell aforesaid, in the county of Middlesex aforesaid, the said John Travers did traitorously conspire, and agree, for the delivery of Mary queen of Scots, and to assist the foreign invaders of this realm. And furthermore, that thou the said Henry Donn, for the compassing of thy traitorous practices, the 22nd of June, ir the year aforesaid, traitorously didst repair, and go to have speech, and confer with the said Anthony Babington, and John Ballard, how your traitorous compassed imaginations might be brought to pass. And the same 22nd of June, as well in St, Giles's aforesaid, as in other places, didst confer, and had speech how your treasons might be brought to pass. And that thou the said Henry Donn, the 24th day of June, at St. Giles's-Iields afor said, didst conclude, and agree with the said Ballard and Babington, to perform the best they could for the

and the king of Spain, for to invade this realm; and didst also declare that Paget and Mendoza required them the said Babington, Savage, &c. to procure means how this realm of England might be invaded. And that there thou the said Anthony Babington didst say the same could not be brought to pass, without the murder of the queen's most excellent majesty, and afterwards, that is to say, the 7th day of June, at St. Giles's aforesaid, in the county of Middlesex aforesaid, thou the said Anthony Babington did falsely, horribly, traitorously, and devilishly conspire to kill the queen's most excellent majesty, and for to deliver the said Mary queen of Scots out of the custody wherein she was, and how to bring foreign enemies for to invade this realm. And that thou Thomas Salisbury went to St. Giles's aforesaid, in the county of Middlesex aforesaid, traitorously to confer by what means and ways thy traitorous imagined practices might be brought to pass; and that thou didst there conclude falsely and traitorously to go into thy country in the county of Denbigh, there to move and stir up sedition and rebellion; and for to persuade the subjects to conjoin with thee, for the delivery of the said Mary queen of Scots from the custody wherein she was, and for to aid and assist the foreign enemies which should invade the realm. And afterwards the 9th day of June, that you the said Anthony Babington and John Savage, went to St. Giles's aforesaid, in the county of Middlesex aforesaid, traitorously to confer how and by what means your traitorous imagined practices might be brought to pass; and afterwards, the 10th of June you the said Anthony Babington, and John Savage, maliciously between your-compassing of your treasons. And furthermore, selves, did appoint and conclude that thou the said John Savage traitorously the queen's most excellent majesty shouldst kill and slay, and her to final destruction for to bring. And that thou the said Babington and Savage should join and assist the foreign enemies which should invade this realm. And that thou the said Anthony Babington, Chidiock Titchburne, and Robert Barnewell, afterwards, that is to say, the 11th day of June, in the year aforesaid, went to St. Giles's aforesaid, in the county of Middlesex aforesaid, to confer by what ways and means your treasons might be fulfilled and brought to pass. And thereupon the 12th day of June, you the said Babington, Titchburne, and Barnewell, with divers other false traitors, most horribly, devilishly, wickedly and traitorously did conclude and agree, that you the said Robert Barnewell, Chidiock Titchburne, with divers other horrible traitors, the queen's most excellent majesty would kill and slay, and the foreign invaders would aid and assist. And furthermore, that thou the said Thomas Salisbury, together with. Edward Jones, esq. and other false traitors, to bring to pass your traitorous imagined practises, the 13th day of June, in the year aforesaid, did go to St. Giles's-Fields aforesaid, in the county of Middlesex aforesaid, to confer how your treasons might be brought to pass: And the same 13th day did confer,

that thou the said Anthony Babington, the 8th day of July, in the year aforesaid, received let ters dated the 25th of June, from Mary queen of Scots, by which she signified unto thee, that she would not be unmindful of thy affection towards her; and required thee to send her letters from friends in France and Scotland, And the same day, thou the said Anthony Babington didst write unto the said Mary queen of Scots, declaring the plot of thy treasons, and requiring from her, as from thy sovereign and prince, authority and commission to proceed in thy practices; and the 25th of July received letters of answer, by which the said Mary queen of Scots willingly allowed of these treasons; and also by her said letters did animate, comfort and provoke thee to fulfil the same effectually. And furthermore, that sir Thomas Gerrard, another false traitor, and thou the said John Ballard, as faise traitors, not having the fear of God before your eyes, the 27th of July, in the 28th year aforesaid, at St. Giles's aforesaid, in the county aforesaid, did conspire traitorously to deprive and depose the queen's most excelleat majesty from her royal crown and dignity, and her to final death and destruction for to bring: and sedition and rebellion to stir up and procure, and to alter the government of the realm, and the true religion to subvert. And that thou the said Anthony Babington, and the