Titchbourne. I will confess a truth, and then I must confess that I am Guilty. would not agree, except himself were one: and how in the mean season, Ballard on Thursday the, 4th of August, about 11 of the clock, was apprehended. Then Babington went to Titchburne's lodging, where not finding him, he went to a barber's without Bishopsgate, where were his own, Titelbourne's and Savage's pictures; and on Babington's picture was written, Hi mihi sunt Comites, quos ipsa pericula jungunt? But then misliking that, was written; Quorsum hac alio properantibus.-Then Babington went to Smithfield, and there walked with Titch| burne, and there said unto him, I had rather than 500l. thy leg were whole, for then this matter should be dispatched. Also Salisbury confessed how Babington, Titchbourne, and he had communication as concerning the sack by their Confession, how that to provide themselves of money for this practice, they had devised to rob all the richest men in England, and to set fire on the ships (although Babington misliked to fire the ships), and to cloy all the great ordnance. And all the indictment was sufficiently and most plainly proved by their Confessions, accordingly as they were intended. Sandes. John Ballard, thou hast been indicted of High-Treason, and thereupon arraigned, and hast pleaded Guilty; what hast thou to say for thyself, wherefore Judgment and Execution of Death should not be given against thee? Ballard,-spake something, but not to any effect. Sundes,-demanded of Babington in like Then albeit nothing were to be done but Judgment to be given; yet for satisfying all the people, her majesty's learned Council gave in such Evidence, as would sufficiently prove the Indictment; First Savage's own Confession according to his former Arraignment, how that Gifford hearing them talk of services at Rhemes, said, I know not what service you mean. But what say you to such a service, meaning the cutting of the throat of the queen of England, and of the earl of Leicester? saying, he should never do more good than kill an excommunicate person, and that to do the same were a far better service than to study divinity. And Gifford said moreover, that if Savage failed to do it, others should do it.ing of the city of London. Also it was proved And how that Ballard going over into France at Lent last, did meet with one Grateley, who brought him to Charles Paggett, who told him that the pope would reform the state here in England; and how that Barnardino de Mendoza said the king of Spain his master would invade this realm. And that thereupon Ballard should be sent into England to know what friends they could make, and thereupon Ballard took an oath to perform the same; and how that he had in mind to move Babington in that behalf before he came, and that he came over about Whitsuntide last. And breaking the same with Babington, who thereupon said that the invasion would never come to ef fect during her majesty's life; whereupon BalJard said that would easily be removed, and then made him privy to Savage's practice: and that thereupon Ballard sent to Savage to speak Babington. Who said he was Guilty of the with him on Lambeth side, and there told Savage Treasons, according to his Confession, for killof Babington's practice, and brought him to Ba-ing of the queen, and the rest, by Ballard's perbington, who was not friends with Savage be- suasion. fore. Then Ballard went into the North to solicit the people, and at his coming up, said he had made 300 sure more than he knew of before. Furthermore, it was declared that during Ballard's abode in the North, Babington did write Letters to the Queen of Scots, a true copy of which letters written with Babington's own hand were read in the court: wherein he began, "Most high and mighty princess, bis true and sovereign liege, to whom alone he oweth fidelity; declaring how he was her servant, and that he studied to devise her one good day's service; and how himself with ten gentlemen, and an 100 horse, would work her delivery from the custody wherein she was, being in the guard of a Puritan knight, a mere Leicestrian. And how that he had appointed six noble gentlemen for dispatch of the wicked competitor, declaring also at large the remainder of his treasons, and what means he had invented to compass the same." And then Ballard returned from the North; and before it was determined that Savage should have gone to the North, but he could not go, because he had sworn to kill the queen. And therefore when Babington had devised that six should kill the queen, Savage VOL. I. manner. Hatton. O Ballard, Ballard, what hast thou done? A sort of brave youths otherwise endued with good gifts, by thy inducement bast thou brought to their utter destruction and confusion. Babington. Yea, I protest before I met with this Ballard, I never meant nor intended for to kill the queen; but by his persuasions I was induced to believe that she was excommunicate, and therefore lawful to murder her. Ballard. Yea, Mr. Babington, lay all the blame upon me, but I wish the shedding of my blood might be the saving of your life: howbeit, say what you will, I will say no more. Hatton. Nay, Ballard, you must say more and shall say more, for you must not commit High-Treasous and then huddle them up; but is this thy Religio Catholica? Nay rather, it is Diabolica. Sandes. John Savage, thou hast been indicted of High-Treason, &c. (ut sup. to Ballard.) Savage answered nothing, neither did Titchbourne, being demanded in like sort also. So Sandes demanded of Robert Barnwell in like manner. Barnewell. Forasmuch as I have offended against the law, I am contented to suffer pu4. D nishment according to the law; howbeit, I here protest what I have done, was only for my conscience-sake, neither did I ever intend violence to her majesty's person. Hatton. O Barnewell, Barnewell, didst not thou come to Richmond, and when her majesty walked abroad, didst not thou there view her and all her company, what weapons they had, how she walked alone? and didst traverse the ground, and thereupon coming back to London, didst make relation to Babington, how it was a most easy matter to kill her majesty, and what thou hadst seen and done at the court? yes, I know thou didst so: how canst thou then say, that thou never didst intend to lay violent hands on her majesty? Nay, I can assure thee moreover, and it is most true which I say, that her majesty did know that thou didst come to that end, and she did see and mark thee how thou didst view her and her company; but had it been known to some there, as well as unto her, thou had never brought news to Babington. Such is the magnanimity of our sovereign, which God grant be not over-much, in not fearing such Traitors as thou art. Barnewell. What I did was only for my conscience-sake, and not for any malice, or hatred to her majesty's person. Hatton. Then wouldst thou have killed the queen for conscience. Fie on such a conscience! Sandes. Henry Donn, thou hast been indicted of High-Treason, &c. ut supra to Ballard; What canst thou say for thyself wherefore Judgment and Execution of Death should not be pronounced against thee? to murder the queen's most excellent majesty; secondly, To bring in foreign invasion; thirdly, To deliver the queen of Scots, and make her queen; fourthly, To sack the city of London; fifthly, To rob and destroy all the wealthy subjects of this realm; sixthly, To kill divers of the Privy Council, as the earl of Leicester, the Lord Treasurer, Mr. Secretary, sir Ralph Sadler, sir Amias Paulett; seventhly, To set fire on all the queen's ships; eighthly, To cloy all the great Ordnance; ninthly and lastly, To subvert religion, and the whole state of government. The inventers and beginners whereof were these devilish priests and seminaries, against whom he doubted the parliament had not yet sufficiently provided, who, now-a-days, do not go about to seduce the antient and discreet men, for they (as the priests say) be too cold; but they assail, with their persuasions, the younger sort, and of those, the most ripe wits, whose high hearts and ambitious minds do carry them headlong to all wickedness. In the end, he concluded with remorse for the youth of some of these unhappy men, and with detestation of the facts of Ballard; and also shewed forth a notable proof of the falsehood of these lying papists, which was a book printed at Rome, and made by the papists, wherein they affirm, That the English Catholics which suffer for religion, be lapped in bear-skins, and bated to death with dogs; a most monstrous lie, and manifest falsehood. Then spake my lord Anderson to the like effect, almost in every point, in abhorring the abomination of the Jesuits and Seminaries; and in the end concluded with an Exhortation for the health of their souls; and last of all pro Donn. What I have done herein, was for my religion and conscience sake; and since it is counted treason, I must abide the punish-nounced the Sentence of their Condemnation. ment, and therefore Fiat voluntas Dei. Sandes. Salisbury, What canst thou say wherefore judgment, &c. Salisbury. I beseech her majesty's most merciful Pardon for my offence. Then Mr. Attorney began to declare at large the sum of their Treasons: How they had conspired her majesty's Death, and to make the queen of Scots queen of England; and if peradventure she miscarried in these hurliburlies as to be slain, then would they set up the king of Scots, if he were a Catholic; if he were not Catholic, then would they enforce the king of Spain to take the crown and set it on his head, and derive him a title from the house of Clarence. But because that title would be but slender, the pope should dispense, and so make it clear without question. Furthermore he declared, how priests continually had been the beginning of all the treasons committed against her majesty; he began at the rebellion in the North, and so proceeded till the Treasons of Throckmorton and Parry, and so ended. Then began Sir Christopher Hatton, and made an excellent good speech, in opening and setting forth their Treasons, and how they all proceeded from the wicked priests the ministers of the pope. And first he shewed, How these wicked and devilish youths had conspired Mr. Babington's LETTER to the QUEEN after kis Condemnation, sent from the Tower and delivered by his Wife.* "Most gracious Sovereign; If either bitter traces, a pensive contrite heart, and doleful sighs of a wretched sinner, might work any pity in your royal breast, I would wring out from my drained eyes as much blood as in bewraying my dryery-tragedy should lament my fall, and somewhat, no doubt, move you to compassion; but since there is no proportion between the quality of my crime and any humane consideration, shew, sweet queen, some miracle on a wretch that lieth prostrate in your prison most grievously bewailing his offence, anointed and imploring such comfort at your hands, as my poor wife's misfortune doth beg, my child's innocency doth crave, my guiltless family doth wish, and my heinous treachery least deserve. So shall your divine mercy make your glory shine far above all princes, as my most horrible practices are most detestable amongst your best subjects, with whom that you may long live and happily govern, I beseech the Mercy-Master to grant for his sweet Son's sake Jesus Christ. Your majesty's unfortunate because disloyal subject, ANT. BABINGTON." MS. Bib. Harl. 787, p. 50. 63. The Trial of EDWARD ABINGTON, CHARLES TILNEY, EDWARD JONES, JOHN TRAVERS, JOHN CHARNOCK, JEROME BELLAMY, and ROBERT GAGE, at Westminster, for High Treason: 28 ELIZ. 15th of September, A. D. 1586. ON Thursday the 15th of September, the Commissioners came, and the cryer commanded silence, and the Lieutenant of the Tower was commanded to bring forth the Prisoners, which were Edward Abington, Charles Tilney, and Edward Jones, esquires; John Travers, John Charnock, Jerome Bellamy and Robert Gage, gentlemen; and Elizabeth Bellamy, widow. All which the lieutenant of the Tower had ready at the bar, and there informed the Court, the woman's name was Catharine and not Elizabeth whereupon the Lieutenant was commanded to take her from the bar, and bring her to some other place. Whereupon Sandes, Clerk of the Crown, began in sort ensuing; Edward Abington, Charles Tilney, Edward Jones, John Travers, John Charnock, Jerome Bellamy and Robert Gage, hold up your hands: which being done, he proceeded, Clerk of the Crown. Before this time ye were indicted, that where Bernardyne de Mendoza, a Spaniard, Charles Paget and John Ballard, the 2d day of April, in the 28th year of the reign of our sovereign lady the queen's majesty, that now is, at Paris in France, did confer in what place this realm of England most aptly might be invaded, and what aid and assistance might be procured for the same, and how and by what ways and means Mary queen of Scots might be delivered from the custody wherein she was. And that thereupon it was resolved by the counsel of Morgan, a most notorious Traitor, that the said Ballard should pass into this realm of England to understand what help might be procured, and to prepare ports to land the enemies, for to invade the realm, and to prepare ways and means how Mary queen of Scots might be delivered; and thereupon the said John Ballard, coming into England; you the said Edward Abington, Charles Tilney, Edward Jones and John Travers, together with Anthony Babington, John Ballard, John Savage, Henry Donn, Thomas Salisbury, Chidiock Titchbourne and Robert Barnewell, as false Traitors, the 8th day of June, in the 28th year of the reign of our sovereign lady the queen's majesty that now is, at St. Giles's in the Fields, in the county of Middlesex, did conspire the queen's most excellent majesty, not only from her crown and dignity to depose, but also her to kill and slay, and to stir up Sedition and Rebellion in the realm, and slaughter among the subjects for to make, and the government and religion to subvert, and the whole estate for to destroy, and divers strangers, her majesty's enemies, to invade the realm, did procure and stir up. And afterwards, the twelfth day of June, in the year aforesaid, thou the said Charles Tilney and Anthony Babington, Robert Barnewell, and Chidiock Titchbourne, went to St. Giles's aforesaid, to confer by what ways and means your traitorous compassed imaginations might be brought to pass; and there, the same day, had speech, and did confer how your Treasons might be performed: And on the said 12th day of June, in the year aforesaid, at St. Giles's aforesaid, did conclude, that thou the said Charles Tilney, and Robert Barnewell, and Chidiock Titchbourne, would kill the queen, and aid the foreign enemies that should invade the realm; and that thou Edward Jones, with Thomas Salisbury, to perform your traitorous imaginations, the 13th day of June, in the 28th year aforesaid, went to St. Giles's aforesaid, to confer how your traitorous compassed imaginations might be brought to pass. And thereupon thou the said Edward Jones, with the said Thomas Salisbury, the 15th day of June, in the year aforesaid, at St. Giles's aforesaid, did conclude and agree traitorously to join with the said Thomas Salisbury, 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 that thou the said John Travers, to fulfil thy traitorous compassed imaginations, the 15th day of June, in the 28th year aforesaid, traitorously didst go to Clerkenwell, within the county of Middlesex, to confer by what means your treasons might be brought to pass: And the same 15th day of June, at Clerkenwell aforesaid, in the county aforesaid, had speech, and did confer how your traitorous compassed imaginations might be brought to pass. And the 16th of June at Clerkenwell aforesaid, in the county aforesaid, didst appoint and conclude, with the said Thomas Salisbury, to join with him for the delivery of Mary queen of Scots, and in aiding and assisting the foreign enemies which should invade this realm. And further, that thou John Charnock, with Thomas Gerrard knight, John Ballard and Anthony Babington, the 27th of July, at St. Giles's aforesaid, in the county aforesaid, didst conspire the queen's most excellent majesty, not only from her crown and dignity to depose, but also her to murder and slay, and to make sedition and rebellion, and slaughter of her majesty's subjects, and the true and christian religion to subvert, and the whole estate and government to alter. And that thou John Charnock traitorously didst go to Southampton House in Holbourn, within the said county of Middlesex, the last day of July; and the same last day didst confer there with John Ballard, how your traitorous compassed imaginations might be brought to pass; and there fore, by Ballard's Confession, this summer was twelvemonth, Ballard went into Scotland to understand of the willingness of the people, and Tilney offered to go with him. Tilney. Yea Sir, so I did: What can you prove by that? Puckering. Soft, I will tell you when I come to give Evidence against you. After Christmas, Ballard went into the North, and afterwards had speech with Tilney to go over be upon, the 2d day of August at Southampton House in Holbourn aforesaid, didst conclude and agree to do the best thou couldst for performance of the Treasons aforesaid. And that thou Jerome Bellamy and Robert Gage, knowing that the said Anthony Babington, Robert Barnewell and Henry Donn, had committed High-Treason at Harrow on the Hill, in the county of Middlesex, did receive and aid them, contrary to your allegiance you owe to our sovereign lady the queen, her crown and dig-yond the seas, and Tilney agreed and was-connity, and contrary to divers statutes in such case provided. How sayest thou, Edward Abington, art thou Guilty of the Treasons whereof thou standest indicted, or not Guilty? Abington. Not Guilty. Sandes. How wilt thou be tried? Abington. By God and my good country. Sandes. Thou must say, by God and my country. Abington. Yea Sir, by God and my country. Sandes. How sayst thou, Charles Tilney, art thou Guilty, &c.? Tilney. In no sort Guilty, no more Guilty than you are. Sandes. Answer me directly, art thou Guilty or not Guilty? Tilney. No Sir, I am not Guilty; and that I am ready to answer and prove. Sandes. How wilt thou be tried? Tilney. By God and honest men. Hatton. What answers are these? Abington says, By God and my good country; and thou sayst, By God and honest men. Thou must say, By God and my country. Tilney. Yea Sir, so I say. In like manner, Jones, Travers, Charnock, Bellamy, and Gage pleaded Not Guilty. The cupon was an Inquest of Middlesex called, who appeared at the Bar, and their Names were, Rd. Martin, Wm. Fleetwood, Jasper Cholmeley, Wm. Kempton, Robert Loshe and John Barnes, esqrs. John Hill, Rob. Wood, Tho. Hargrave, Tho. Clark, John Chawkellett and John Draper, gentlemen. Then said Sandes to the Prisoners, Have you any Challenge? Tilney. No, not I; for I know them not. Anderson, Lieutenant of the Tower, take away Gage and Bellamy to some other place out of the hearing of the court. So the Lieutenant did. I ABINGTON'S TRIAL. Then said Abington, I beseech your honours may have a pair of writing-tables to set down what is alledged against me, that I may yield a sufficient Answer thereunto. Sandes. It was never the course here. Hatton. When you hear any thing you are desirous to answer, you shall speak an Answer at full, which is better than a pair of tables. Serj. Puckering. Well Sir, then will we give Evidence. And first, because it falls out that, Abington and Tilney were acquainted with Savage's Conspiracy, we will shew a little that, which yesterday was opened at full; and there tented. Ballard went over and sent letters to Tilney, desiring to stay till Ballard came over back, and he would tell him more. When Ballard came over, Tilney was acquainted with Savage's purpose, and Abington too: But then Ballard fell acquainted with Babington, and so came a greater conspiracy. And Abington put forth a proposition to surprize the queen, and Tilney was privy: And it is under Babington's hand, that Tilney, Tichbourne, Barnewell and Savage undertook to kill the queen. Jones, at London, talked with Salisbury, and stayed for him, and was privy to a writing that was sent for Salisbury's apprehension. And Jones repaired unto Salisbury at midnight, being in Jones's house, and told him, That he had undone them all, and lent him his own horse, and his man's cloak. Charnock, the same day that Ballard was taken, was moved by Babington to be one of the six to kill the queen; and he assented, and afterwards lent Babington apparel to fly in. Whereupon was Ballard's confession read, which was, that be confessed, That he conferred with Paget about the state of our country; and that Ballard said, It is now more easy to invade the realm than before, because the earl of Leicester, with the best of our captains, were in Flanders: and that they two talked with Mendoza; who asked them, what armed men they could make, and what ports they could yield to the invaders for to land in; and Mendoza told them, his master had a greater preparation than ever he had by sea, but he knew not for what matter; but he said, He cared not whether they have any help of them or no : but said, If you will not assist us herein, we will be as conquerors when we come, and use him also like enemies. For when it came to the brunt, they always shrunk, only he had a great care for the delivery of the queen of Scots, and so sent Ballard into England; and said, His master, the king of Spain, had vowed to lose his crown, and the pope his life, but they would convert England, and deliver the queen of Scots. After Ballard arrived, he talked with Babington, and he seemed willing: Also he confesseth the killing of the queen. Edward Attorney, (sir John Popham). Abington, upon his Examination, denieth he knew Ballard; which we will prove to be false: Therefore read first his Denial, which was, That he denied the surprizing of her majesty; he denieth the knowledge of Ballard, Fortescue, or Brown; he denieth the delivery of the queen of Scots; and being told, that the Frenchmen would invade this land, he said, He would spend his life in her majesty's defence: He confesseth, that on Sunday was sevennight, he and his brother lay on a hay now. Then was read Babington's Confession before the lords, which was, That when certain Seminaries in Rome came to take leave of the pope, and to kiss his foot, the pope asked what they were; and it was told him, that they were Englishmen, which went to spend their lives for reformation of religion in their country. The pope said, it was a good slow way; but said, that he would make a bridge over that ditch into England ere it were long. Also he confesseth, That he and Babington heard Edward Abington use speech to the same effect. Solicitor, (sir Thomas Egerton). Whoso is guiltless will speak truly and directly, but the counterfeit must speak untruths. Thereupon was another Examination of his read, which was, That Ballard being brought to his face, said, That Ballard was not with him since Whitsuntide; but he confesseth, he knew him some years ago at Chertsey, Abington's brother confesseth, that Ballard was twice at Edward Abington's lodging at Charing-Cross; and at one of the times his brother Ballard talked secretly in one end of the chamber: And Bal-Titchbourne, Tilney, and others. lard was first acquainted with Thomas Abington at Rheims; and Ballard saith, That he made Edward Babington acquainted with these treasons, and he gave his consent. And Babington saith, that Abington moved first the surprize of the queen. Then was read the Confession of Babington, which was, that Edward Abington moved first the surprize of the queen to some strong place, and there to move her for reformation or toleration of religion. Tilney confesseth, That at the Three Tuns in Newgate-market, Babington moved a proposition for removing of the Lord-Treasurer and Mr. Secretary; and that Abington spake broad speeches concerning that matter; and that Tilney did reprove him for the same. So you hear how Babington sets down Abington to be one of the six to kill the queen. Also here is Ballard's own hand, that Babington appointed six to kill the queen, Abington, Abington. It is very well, if I be at Babington's commandment; I protest I never knew thereof. Tilney. I deny it, I never said so. read it. Tilney. It is mine own hand, but what did I mean? When I said concerning that matter, I must interpret mine own meaning, I meant to speak broad words concerning religion. Attorney. Then belike you reproved Abington for religion? Tilney. Yea, I reproved him for speaking broad words concerning religion. Attorney. What matter did you talk of then but Treason? It is well the Jury doth hear your answers. C. B. Manwood. Tilney, you are too hot, this Evidence is against Abington, you shall answer yourself when it comes to you. Solicitor. Tilney confesseth that there was speech between him and Abington concerning a surprize of the queen; and that Abington said, he would ride to Thomas Salisbury, in to the country. Solicitor. Here is Babington's Letter to the queen of Scots, which proveth you to be one. The Letter was read; among other, this Sentence was in: There be six noble gentlemen which have undertaken the tragical Execution, meaning the murdering of the queen of England, only it resteth, that their attempt be honourably rewarded. Abington. I protest before heaven and earth, as I am a true Christian, I never knew thereof. The Letter went further, and contained this; All the actors have vowed, either to die, or else to perform their purpose. Abington. This is Babington's brag, to get credit with the queen of Scots. Attorney. We will prove, Abington, that thou didst provide armour of proof too for your brother and yourself, and one for another person. Then was Foster's Examination, an armourer in Holborn, read, which proved so much directly. Attorney, to Hatton. Mr. Vice Chamber lain, you desired Abington to set down the truth of these things, thereupon he set down a great deal in writing, and yesterday he tore it in a hundred pieces; and here Mr. Lieutenant of the Tower hath given me the pieces, and here they be. Hatton. Abington, you be very obstinate, and seem indurate in these treasons. Abington. I will answer what is laid against me: My first acquaintance was with Savage, Then said the Queen's Attorney unto the by reason that my brother and he were both Jury, You perceive how that Abington is found of Bernard's-Inn, and by him came I acquaintfalse for his acquaintance with Ballard.-Thened with Savage, who talking with me, he told was read Babington's Confession, that Abington and Tilney were disposed to kill the queen. Attorney. Salisbury confesseth, that Abington desired him to make haste to his country; and said, He understood by Babington of certain matters, and that he would come to Salisbury's country for things to be done shortly. Solicitor. He confesseth himself, that he was privy unto it, and concealed it. me of a Book written at Rhemes, which inveighed against the earl of Northumberland, Throckmorton and Parry, for that they intended violence against her majesty's person, which Book I liked; yea, but, said Savage, it may be but for a colour. Then he told me, that it was written but for to blind the counsellors in England, and make them secure and careless, when in very deed they at Rhemes desire no |