to our welbeloued and trusty Henry Lord Compton another of the Lords of the Parlament And also to our welbeloued and trustie Henry Lord Cheney another of the Lords of the Parlament To our welbeloued and trusty Francis Knolles Knight Treasurer of our houshold another of our Priuy Counsell And also to our welbeloued and trusty Iames Crofts Knight Controller of our said houshold another of our Priuy Counsell To our beloued and trusty Christopher Hatton Knight our vice-Chamberlaine another of our Priuy Counsell And also to our trusty and welbâ—loued Francis Walsingham Knight one of our chiefe Secretaries another of our Priuy Counsell And also vnto our trusty and welbeloued William Dauison Esquier another of our principall Secretaries of our Priuy Counsell And to our trusty and welbeloued Ralph Sadleir Knight Chauncellor of our Dutchy of Lancaster another of our Priuy Counsell And also to our trusty and welbeloued Walter Mildmay Knight Chauncellor of our Exchequer another of our Priuy Counsell And to our trusty and beloued Amyas Powlet Knight Captaine of the I le of Iersey another of our Priuy Counsell And to our trusty and welbeloued Iohn Wolley Eâ—quire our Secretary for the Latine tongue another of our Priuy Counsell And also to our trusty and welbeloued Christopher Wâ—ay Knight chiefe Iustice of the Kings Bench And to our trusty and welbeloued Edmund Anderson Knight Chiefe Iustice of the Common Bench Roger Manwood Knight Chiefe Baron of our Exchequer Thomas Gawdy Knight one of our Iustices of the Kings Bench And William Peryam one of the Iustices of our Bench Greeting c. And not to set it downe verbatim After the recapitulation of the Act made the last yeere these words follow When after the end of the Session of Parlament viz after the first day of Iune in the XXVII yeare of our reigne diuers things haue beene compassed and deuised tending to the hurt of our Royall Person as well by Mary daughter and heire of Iames the fift lately King of Scotland and commonly called Queene of Scotland and Dowager of France pretending title vnto the Crowne of this Realme of England as by diuers other persons with the priuity of the same Mary as it is giuen vs to vnderstand and for that we intend and determine that the said Act should be executed rightly and effectually in all things and by all things according to the tenour of the said Act and that all the offences aforesaid in the aforesaid Act as it is said mentioned and the circumstances of the same should be examined and sentence and iudgement thereupon giuen according to the tenor and effect of the said Act We giue vnto you and to the greater part of you full and ample power faculty and authority according to the tenour of the said Act to examine all and singular things compassed and deuised tending to the hurt of our Royall Person with the priuity of the said Mary and all the circumstances of the same and all the aforesaid offences whatsoeuer mentioned in the said Act as it is said and all circumstances of the same offences and of euery one of them And moreouer according to the tenour of the said Act to giue sentence and iudgement euen as the matter shall appeare vnto you vpon good proofe And therefore we command you to proceed diligently vpon the aforesaid things in the forme aforesaid at certaine daies and places which you or the greater part of you shall appoint and prouide for this purpose c. The most of these came to Fodringhay Castle in Northamptonshire on the xj day of October where the Queene of Scotland was then kept On the next day the Commissioners sent vnto her Sir Walter Mildmay Sir Amyas Powlet and Edward Barker a publike Notary who deliuered into her hands the letters of Queene ELIZABETH which when she had read ouer she with a Princely countenance and quiet minde said I am much aggrieued that the Queene my most deare sister is wrong informed of me and that I who haue so straitly beene kept so many yeeres and being now lame after I haue offered so many equall and faire conditions for my liberty haue laine so long time neglected Although I haue fully forewarned her of many dangers yet I was not beleeued but was alwaies despised although I am most neere to her in bloud When the Association was made and when it was confirmed in the Parlament I foresaw that whatsoeuer danger befell either by forraine Princes abroad or any harebraine fellowes at home or for the cause of Religion I should pay deare for the same I hauing so many deadly enemies at the Court I may take it in euill part and I haue cause for it that a league was made with my sonne without my priuity or knowledge but such like things I pretermit But to come vnto these letters It seemeth strange vnto me that the Queene commandeth me as if I were her subiect to come vnto a triall I am an absolute Queene neither will I doe or commit any thing which may empaire or wrong the Royall Maiestie of Kings and Princes of my place and ranke or my sonne My minde is not so deiected neither will I yeeld and sinke downe vnder calamity I referre my selfe vnto those things which I protested before Bromly and the Lord De la Ware The lawes and statutes of England are to me vtterly vnknowne I am destitute of counsellours I tell you plaine I know not who may be my Peeres my papers and notes of remembrances are taken from me there is none that dare pleade or speake in my cause I am free from all offence against the Queene neither am I to be called in question but vpon mine owne word or writing which can neuer be brought against me But yet I cannot deny but that I haue commended my selfe and my cause to forraine Princes On the next day returned vnto her in the name of the Commissioners Powlet and Barker who shewed this answer put into writing and they asked her if she persisted in the same After she had heard it distinctly read she commended it as truly and rightly conceiued and said she would persist in the same But said she I did not remember one thing which I wish may be put in Whâ—reas the Queene hath written I am subiect and liable vnto the lawes of England and am to be iudged by them because I liued vnder the protection of them I answer That I came into England to aske and craue aid and helpe from which time I haue beene kept and deteined in prison and could not enioy the protection and benefit of the lawes of England and hitherto I could not vnderstand by any body what the lawes of England were In the afternoone many chosen out of the Commissioners with men skilfull in the Canon and Ciuill lawes came vnto her but the Chancellor and the Treasurer declared their authority out of the letters patents and shewed her that neither captiuity nor the prerogatiue of
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
was in his iourney with these Letters Dauison was brought into the Star-Chamber before the Commissioners appointed viz. Christopher Wray Lord Chiefe Iustice of the Kings Bench made for that time Lord Keeper of the Priuie Seale the Archbishops of Canterbury and Yorke the Earles of Worcester Cumberland and Lincolne the Lords Gray and Lumley Iames Croft Knight Controller of the Queenes House Sir Walter Mildmay Chancellor of the Exchequer Sir Gilbert Gerrard Master of the Rolles Edmund Anderson Lord Chiefe Iustice of the Common Pleas and Roger Manwood Lord Chiefe Baron of the Exchequer Before these Commissioners Popham the Queenes Atturney charged Dauison with contempt against her Maiestie violation of his faith and neglect of his dutie that whereas the Queene out of her inbred clemencie would not haue the Queene of Scotland though condemned to be put vnto death for causes knowne to her selfe and not to be searched and pried into by others could not be brought thereunto neither by the Estates of the Kingdom nor by her Counsellors earnestly vrging her thereunto neuerthelesse had commanded a Mandate to be made for her execution to preuent dangers that might ensue and had committed it vnto the fidelitie and secrecie of Dauison He being her sworne Secretarie forgetting his trust and dutie and in contempt of her Maiestie contrary vnto which the Queene had commanded had imparted it vnto the Counsellors and put it in execution she being vtterly ignorant thereof Dauison with great modestie and quietly yet with a good courage answered That he was sorie that in a most iust cause of the Queene of Scotland and most weightie iudgement against her if euer there was any that he should trouble againe the Commissioners if not with the losse yet at the least with the impairing of his reputation which hee esteemed aboue all other things but he was most aggreeued that he was charged to haue offended most contemptuously against her Maiestie who the more shee had beene bountifull to him and he more bound for her bountie his offence might seeme more hainous If he should acknowledge himselfe guiltie of the crimes obiected he should wrong his credit which was dearer vnto him than his life If he should contest in his owne defence with the Queene he should doe a thing vnworthy of the obedience of a subiect the dutie of a seruant and the fidelitie of a Secretary He protested before God and the Commissioners That wittingly or willingly hee had done nothing in this thing but that which hee was perswaded in his conscience the Queene willed In the which if he had carried himselfe to doe any hurt either by vnskilfulnesse or by negligence he could not choose but be grieuously sorie and vndergoe willingly the censure of the Commissioners As concerning particulars when the Queene reproued him that he had sealed the Mandatum with the great Seale in such great haste he affirmed That shee insinuated but did not expresly bid him to keepe it to himselfe Neither did he thinke that he committed any fault against the trust of silence put on him since he neuer spake word of this matter but vnto the Priuie Counsellors Vnto that he did not call backe the Mandatum after that the Queene had signified vnto him that shee had changed her minde he affirmed That it was agreed that it should be sent forthwith and execution done lest the Common-wealth or the Queene might take some harme Hereupon Egerton the Solicitor began to presse Dauison out of his owne confession reading a peece thereof but he requested him to reade it all and not this peece and that peece but yet hee had rather it should not be read at all for that therein some seccrets not to be vttered were contained and now and then interrupting him he said That as he would not contest with the Queene so he could not endure that his modestie should be any detriment vnto the truth and his integritie Gaudy and Puckering Sergeants at Law reproued him sharply with many words that craftily hee abused the wisdome of the Counsellors and that out of the confession of Burghley the Treasurer vnto whom doubting whether the Queene had assuredly determined of the execution to be done he affirmed it very earnestly as he did also vnto the rest who set their hands vnto the letters of the manner of the execution Dauison with teares in his eyes required the Lawyers not to presse him so vehemently And wished them to remember that he would not contest with the Queene vnto whose conscience and vnto the censure of the Commissioners hee committed himselfe wholly To conclude by the generall censure of them hee was fined at ten thousand pound and imprisonment at the Queenes pleasure Dauison besought the Commissioners to make intercession vnto the Queene for him not for the honourable place of Secretary which he had or his libertie or for the diminishing of the fine imposed but that he might be restored vnto her fauour which yet hee neuer recouered though she oftentimes releeued his wants So Dauison an honest man without policie and not skilfull in affaires of State was brought as most men thought vpon the Stage amongst the Statesmen to play his part a while in this Tragedie and straight had his disguise pulled off and as if he had failed in the last Act thrust from off the stage and kept long in prison but not without the commiseration of mâ—ny Now I haue told what was publikely done against Dauison but how he excused himselfe priuately take briefly out of his credit and his Apologeticall Narration vnto Walsingham He saith after the departure of the French and Scottish Ambassadors the Queene of her owne minde commanded me to shew vnto her the Mandate of the execution of the sentence against the Queene of Scotland And it being shewen shee willingly signed with her hand and commanded it being thus signed to be sealed with the Great Seale of England and iesting said Signifie this thing vnto Walsingham who was sicke yet I feare much that he will die for sorrow thereof Moreouer she said that the causes of the delaying thereof were lest she should seeme to be thought to be drawn thereunto vpon violence or malice when yet she knew that it was very necessarie Moreouer she blamed Powlet and Drury thâ—t they had not freed her of this care and wished that Walsingham would trie their mindes in this matter On the next day when it was sealed with the Great Seale shee commanded by Killegrew that it should not be done and when I had told her it was alreadie done shee reprehended so much haste insinuating that some wise men thought another way might be taken I answered that the course which was most iust was alwaies the best and most safe But fearing shee would lay the fault vpon me as she laid the death of the Duke of Norfolke vpon Burghley I communicated all the matter vnto Hatton protesting that I would not thrust my selfe into so great a businesse he presently imparted