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II.

BOOK of September, and admitted the substance of the charges, according to the degree of their individual participation.33 Elizabeth appears to have had a narrow escape." The next day, the other seven were also found guilty, and all were executed.3

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The certainty that Spain had resolved on a powerful invasion of England, that a formidable party in the island had invited it; and that Mary was by her letters and agents soliciting it and concurring in plots for the destruction of Elizabeth, determined the government to subject the Scottish queen to an arraignment and trial for high treason; and in the month after the preceding convictions, a commission was

33 After Ballard had declared upon his arraignment, I confess, sir, I am guilty,' Babington was questioned: "Then began he with a mild countenance, a sober gesture, and a wonderful good grace, to declare the beginnings and proceedings of his treason, which was according as he was indicted, and according to Savage's confession. In the end, he laid all the blame on Ballard for bringing him to his destruction.' Salisbury declared that he had positively refused to kill Elizabeth, but admitted that he had practised to bring on a Spanish invasion, and to deliver the queen of Scots. State Trials, I. p. 124. When sentence was to be passed after their conviction, Babington protested that before I met Ballard I never meant to kill the queen; but by his persuasions, I was induced to believe that she was excommunicate, and therefore lawful to murder ber.' ib. 125.

34 It appeared that Barnwell went to Richmond to reconnoitre, to see when she walked abroad, her company, and what weapons they had. Returning to London, he told Babington it was a most easy thing to kill her. While he was surveying the queen, this penetrating lady observed him, and thought he had some particular object.-Sir Christopher Hatton mentioned to him, that if others had remarked him as well as she did, he should never have taken the news to Babington. Barnwell's answer was, 'What I did was only for my conscience sake, and not for any malice or hatred to her.' State Trials, I. 125. So greatly had the Romish doctrines spoilt his mind.

35 See their trials, p. 127-33. On the 20th September, the firs seven were hung, but by the inhumanity of the executioner, Ballard and Babington, being cut down alive, were embowelled in that state. Camd. 308. The queen, hearing of this cruelty, sent express orders that the others should not be cut down till they were quite dead. It is a great improvement of our criminal punishments, that such' revolting appendages to them are now either abolished or obsolete.

XXXIV.

issued by the crown, to the archbishop of Canterbury, CHAP. the chancellor, thirty peers, seven knights, the three chief judges of the law courts, and two other judges, and two of the privy council, to try this unfortunate, and not innocent, lady. On the intention being announced to her, she objected to the right of making her responsible like a subject." The chancellor and treasurer asserted to her, 'that neither her imprisonment, nor her prerogative of royal majesty, could exempt her from answering in this kingdom.'38 She denied their allegation; they reasoned with her on this point; but she persisted in her objection, till lord Burghley telling her that they would proceed on the morrow, whether she attended and answered or not, she added, as they parted, Search your consciences: look to your honor. God reward and yours for your judgment against me.' 39 The next day, October 12, the judicial commissioners assembled; and she came to them with a protestation, that she was no subject of the queen's, was an absolute queen herself, and was not constrained to appear before any judge whatever; but now appeared personally, to refute the crimes objected against her.40

36 State Trials, I. 138.

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It seemeth strange to me, that the queen should command me, as a subject, to appear personally in judgment. I am an absolute queen, and will do nothing which may prejudice either mine own royal majesty, or other princes of my place and rank, or my son. My mind is not dejected, neither will I sink under my calamity.' State Trials, I. p. 139.

38 She answered, that she was no subject, and would rather die a thousand deaths than acknowlege herself to be one; considering that by such an acknowlegement, she should both prejudice the height of royal majesty, and confess herself to be bound by all the laws of England, even in matter of religion; nevertheless, she was ready to answer to all things in a free and full parliament.' ib. 139. 40 Ib. 141.

39 Ib. 140.

1586.

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The charge was opened; and she denied that she knew Babington, or had received any letters from him, or had written any to him. She asserted likewise, that she had no knowlege of Ballard." A letter from HER to Babington was then produced, and also the one which he had sent to her, describing his conspiracy." On this she exclaimed, It may be that Babington wrote them, but let it be proved that I received it.' To give her this proof, there were read out of Babington's confession the chief heads of certain letters, which he had voluntarily acknowleged that she had written back to him.43 Continuing still to affirm that he had received none from her, the crown lawyers then produced her own long letter to him, in which she commended his enterprise, and detailed to him the points he must consider, in order to effectuate it; directing him to impart it to the former Spanish ambassador to

41 State Trials, I. 141.

42 See them in State Trials, I. 141.

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43 State Trials, I. 142. As these made mention of the earls of Arundel and Northumberland, on hearing their names, the tears burst forth from her, and she said, Alas! what hath that noble house of the Howards endured for my sake!' ib. 142.

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"This was dated 12 July 1586. It is given at length in the State Trials, v. 1. p. 143. Two of its first paragraphs are, I cannot but greatly praise and commend your common desire to prevent in time the designment of our enemies, for the extirpation of our religion out of this realm, with the ruin of us all. I pray you, assure our principal friends that I shall be always ready and most willing to employ therein my life, and all that I have or may look for in this world.' ib.

45 She added, Now to ground substantially this enterprize, you must examine duly what forces you may raise among you all; what captains you shall appoint; what towns and ports you may assure yourselves, to receive succors from the Low Countries, Spain and France; what place to assemble the principal company of your forces; what provisions of monies and armor you would ask; by what means the six gentlemen do deliberate to proceed; the manner of my getting forth of this hold.' ib. 143.

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England, and then to prepare for a co-operating CHAP. and simultaneous insurrection :" after these provisions the six gentlemen were then to act, and when they had done so, she wished to be released without waiting for the invasion," and she desired to be immediately apprised when their personal design on Elizabeth should be executed.50 She advised them to procure a previous commotion in Ireland; 51 and cautioned them against letting the French ambassador know of their plot, as his master was pursuing

46 The best resolution in my device is, that you impart the same with all diligence to B. de Mendoza, ambassador for the king of Spain in France, who, besides the experience he hath of the state on this side, I may assure you will employ himself most willingly. I shall not fail to write to him of the matter, with all the recommendations I can; as also, I shall do, in any wise, what shall be needful.' ib.

47 If your messenger bring you back again sure promise, and sufficient assurance of the succors which you demand, then, thereafter, but not sooner, for that were in vain, take diligent order that all those on your part make, secretly as they can, provision of armor, fit horses, and ready money, wherewith to hold themselves in readiness to march, so soon as it shall be signified unto you by the chief and principal of every shire. ib. 143.

48 The affairs being thus prepared, and forces in readiness both within and without the realm, then shall it be time TO SET THE SIX GENTLEMEN ON WORK. ib.

49 Taking good order UPON THE ACCOMPLISHMENT OF THEIR DISCHARGES, [that] I may be suddenly transported out of this place, and meet, without tarrying for the arrival of the foreign aid, which must then be hastened with all diligence.' ib. 143. Thus Mary's suggested plan of operation was, that they should first secure the arrival of a foreign force, than assassinate Elizabeth, then immediately liberate her, and then hasten the bargained invasion.

50 Now for that there can be no certain day appointed for the accomplishment of the said gentlemen's designment; to the end that others may be in readiness to take me from hence, I would that the said gentlemen had always about them divers and sundry scoutmen, furnished with good and speedy horses, so soon as the design shall be executed, to come with all diligence to advertize me thereof.' ib. 143.

51 I would also that some stirring were in Ireland; and that it were labored to begin some time before any thing be done here.' ib. 144. She recommended for their generals, or chief heads, the earl of Arundel, or some of his brethren, the young earl of Northumberland, the earl of Westmoreland, and lord Paget.' ib.

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public one, have I But I confess, that of the queen and

a contrary policy;" and she suggests three plans for
their effecting her escape." She desired a copy of
this momentous letter; denied it to be hers; re-
marked, that it was easy to counterfeit ciphers, and
then 'shed plenty of tears." Walsingham rose im-
mediately to declare solemnly; As a private person,
I have done nothing unbeseeming an honest man ;
nor, as I bear the place of a
done any thing unworthy of it.
being very careful for the safety
realm, I have curiously searched out the practices
against them.'" Mary said she was satisfied; prayed
him not to be angry; remarked, that spies were
men of doubtful credit; and then again burst into
tears, with the exclamation, I would never make
shipwreck of my soul, by conspiring the destruction
of my dearest sister.' The lawyers briefly replied,
that this would soon be disproved by testimony."

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In the afternoon, the trial was resumed.58 She admitted that she had used Babington as an intelligence for her, and for conveying letters and packets; but that she was not to be charged except by her

53 I fear his master entertaineth a course far contrary to our designment, which may move him to discover us, if he had any particular knowlege thereof.' p. 144.

53 The first, that 50 or 60 horsemen, well mounted and armed, should take her away as she rode on the moors:' the second, to come at midnight, and set fire on the barns and stables, which you know are near the house; and while my guardian servants shall come forth to the fire, some of you may surprise the house.' The third was, to throw carts down near the great gates, and then you might come suddenly, make yourselves masters of the house, and carry me suddenly away.' ib. 144. All these devices shew a mind that had been much accustomed to consult and meditate on such enterprises.

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5 State Trials, 1. p. 145. The same letter is given in the fuller account of her trial, in the possession of the earl of Hardwicke, and printed by him in his Collection of State Papers, v. 1. p. 224-250. 55 Ib. 56 Ib. 145. 57 Ib. 58 Ib.

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