DUKE UNIVERSITY LIBRARY Digitized by the Internet Archive in 2018 with funding from Duke University Libraries https://archive.org/details/lifeofwilliamdav01 nico ■ o/' fJ/S/ /Tarof^/fr/fri/^ of Tfilfcaums JDcuffcr/tS. L r F E h OF WILLIAM DAVISON, SECRETARY OF STATE j^ribp (Counsellor TO QUEEN ELIZABETH. —♦— Di (si qua est coelo pietas, quae talia euret) Persolvant grates dignas, et praemia reddant Debita. Virq. BY NICHOLAS HARRIS NT CO LAS, Esa. OF THE INNER TEMPLE. LONDON: PRINTED BY AND FOR JOHN NICHOLS AND SON, 25 , PARLIAMENT STREET. I 823. . 1 I> a & s' a/ PREFACE. So many works have recently appeared on the reign of Elizabeth, that it is necessary the motives which have produced another should be explained, lest the idea that no¬ thing new can be said on any of the events which occurred in that period, should create a prejudice against the present publication. The connection of William Davison, one of the Secretaries of State to Queen Eliza¬ beth, with the fate of Mary Queen of Scots, has obtained for him the notice both of His¬ torians and Biographers, and he is in a great degree identified with that event. In exa¬ mining his conduct on that occasion, that of Elizabeth is necessarily reviewed; hence every thing which relates to it is of great a 2 IV PREFACE. interest, as additional light is thrown on an obscure point of history, and new traits are developed in the character of that extraor¬ dinary woman. From the original matter inserted in this volume, sufficient evidence is perhaps adduced to form a conclusive opinion of her real intentions towards her kinswoman. Some of the manuscripts in the British Museum were found to contain very im¬ portant particulars of Davison: especially, two circumstantial narratives of what occur¬ red between Elizabeth and himself relative to the warrant for Mary’s execution ; a copy of his examinations in the Tower, by two Privy Counsellors; and his pathetic appeal to the Queen’s feelings: neither of which documents have, it is presumed, been before noticed. The will of Davison, which has hitherto escaped observation, affords considerable information about him after his dismissal from Elizabeth’s councils, at which epoch of his life all his former Biographers have left him ; and very little has been known of him subsequent to his commitment to the Tower. PREFACE. V Several letters from the most illustrious of Davison’s contemporaries are introduced; of these a few have already been published ; but the one from King James to Archibald Douglas, all of those from Sir Philip Syd¬ ney, and the majority of the others, were copied from the originals, and are for the first time printed. The Appendix contains the four Narra¬ tives, or, as they are termed, “Apologies,” left by Davison. The two first, and which are the fullest and most satisfactory, have never before, it is believed, been cited or published; and although the third may be found in many works, it was thought ad¬ visable to collect the whole of the evidence which exists on the subject. The fourth is given in Robertson’s “History of Scotland;” but it is inserted for the same reason. The three examinations of Davison, whilst he was a prisoner in the Tower, a paper writ¬ ten by him, relative to the conduct of Lord Burleigh towards him, and two copies of his trial before the Star Chamber, will also be found at the end of the volume. The question of the guilt or innocence of the Queen of Scots is not in the slightest VI PREFACE. way discussed; nor are Davison’s sentiments on the necessity of her destruction either approved or defended : all which is claimed for him on that point is, that he was guided by the most conscientious feelings, and that the opinions he expressed were dictated by his anxiety for Elizabeth’s personal safety, his zeal for the Protestant Religion, and his devotion to the welfare of his Country. That these excitements might have misled his judgment is by no means improbable, for his inflexible integrity was no protection against the prejudices and errors of his times. It is admitted that he was Mary’s political enemy; but he was a generous and open ad¬ versary; and although a mistaken patriotism induced him to advise the Queen to execute the sentence passed on her, his love of jus¬ tice made him reject with abhorrence every suggestion for putting her to death by si¬ nister or illegal means. As this was the most momentous transaction in Davison’s life, an apology can scarcely be required for the space appropriated to the relation of it. Considerable trouble has been taken to obtain all the information which is extant concerning this celebrated Statesman ; and PREFACE. vii it is sanguinely hoped that such particulars of him have been discovered as will be in¬ teresting to the Publick, and attain the ob¬ ject which has actuated his Biographer in submitting this Memoir to its notice — that of exhibiting the character of the unfortunate Davison in its true colours, of removing those suspicions which have prevented his greatest advocates from totally acquitting him of guilt or imprudence, and of vindi¬ cating that reputation which it was the wish of his ungenerous Sovereign to traduce and destroy. August 30, 1822. DIRECTIONS TO THE BINDER. Fac-Similes of the Hand-writing of William Davison [to face the title. -of the Earls of Leicester and Essex, Lord Burleigh, and Sir Francis Walsingham.P. 26 -of Sir Philip Sydney.P. 30 -of Queen Elizabeth, Mary Queen of Scots, and James I.P. Genealogical Table P.213 LIFE OF WILLIAM DAVISON, SECRETARY OF STATE TO QUEEN ELIZABETH. It is the province of Biography to collect those particulars of the lives of men who have been eminent in the service of their country, which are too minute for the his¬ torian, and to enter into that extensive in- dagation of their conduct which the nature and object of history entirely preclude. A wish is often entertained to become ac¬ quainted with the private characters of statesmen who attained the plenitude of power and prosperity; and a strong desire B 2 LIFE OF is generally felt to learn what befel them after the sun of royal favour, to which alone they sometimes owed their celebrity, had entirely set. The historian necessarily leaves those who possessed his attention, when they cease to be concerned in the trans¬ actions which he records; but the biogra¬ pher, like a faithful friend, attends them wherever adversity may drive them; and steadily follows the luminary, whose rise and apex excited his admiration, through its obscurations and wane, to its natural and total extinction. Few men have ever so severely expe¬ rienced the vicissitudes attendant on public life, or suffered so cruelly from the selfish policy and injustice of their sovereign, as William Davison, one of the Secretaries of State to Queen Elizabeth. Of the ancestry of this celebrated indivi¬ dual nothing is known, and even the time and place of his birth have not been ascer¬ tained. Whilst the guest of Sir James Mel- vill, during his residence in Scotland, as se¬ cretary to Mr. Killegrew, he told Sir James “that he was come of Scotsmen from * Memoirs of Sir James Melvill, ed. 1735, p. 314, 315. WILLIAM DAVISON. 3 this remark it has been concluded that he was either born in Scotland, or descended from natives of that country. * His name f renders it very probable that his family were Scotch; but, from his being a genealogist, and nothing relative to his own pedigree being given in his manuscripts, it may fairly be presumed that it was obscure; and this opinion is supported by his having had a grant of arms, the registry of which is the only record of him in the Heralds’ College. The cause of his introduction to the court of Elizabeth, and the appoint¬ ment he first held in it, are subjects of conjecture: by his marriage he was allied to many persons of considerable importance; amongst others to the celebrated Earl of Leicester, who addressed him in all his let¬ ters as his cousin; to Sir William Cecil, afterwards Lord Burleigh; and to Sir Henry * Kippis’s Biographia Britannica. f In a letter, given in Collins’s Peerage (ed. 1779, vol. II. p. 402), from Henry Percy, eighth Earl of Northumberland, to the Earl of Shrewsbury, dated Alnwick, 6th August 1557, he speaks of a “Richard Davyson" who was mortally wounded in a skirmish in the town of Fenwick; and describes him as one of the “ best borderers and guides" which the Scotch forces possessed. B 2 4 LIFE OF Killegrew, * with whom he commenced his diplomatic career, but it is not likely that the connexion was formed sufficiently early to allow his first appearance in public life to be attributed to that cause. To Sir James Melvill’s memoirs f we are probably indebted for the earliest information respecting him : it appears from them that he accompanied Mr. Killegrew, in June 1566, as Secretary to the embassy to congratulate the Queen of Scots on the birth of her son. The passage from which we learn this, contains also an insinuation against him, which is transcribed, in order to point out its injustice : — “ He (Davison) had been in Scotland before, and was at my house, in company with Sir Henry Killegrew, my old friend, when he was resi¬ dent in Scotland; at which time he acknow¬ ledged to me that he was come of Scotsmen, and was a Scotsman in his heart, and a fa¬ vourer of the King’s right and title to the crown of England. He desired me to keep all secret from Mr. Killegrew, promising, if he could find the means to be employed * Vide Genealogical Table. f P.314,315. WILLIAM DAVISON. 5 here, that he would do good offices.” * It is difficult precisely to understand what is meant by this observation, unless the author intended to assert, that Davison entertained designs at variance with his integrity and duty. The inaccuracy of part of the para¬ graph from which the above has been ex¬ tracted has been already alluded to; f and the injustice of the insinuation is apparent from the improbability of his making any communication to Sir James Melvill which he wished to be kept secret from Mr. Kille- grew, on an occasion when the latter was present. A possibility certainly exists that this conversation occurred with Melvill in the very words in which he relates it; if so, the presumption is, that Davison had a poli¬ tical object in professing his attachment to Scotland, and that Killegrew was perfectly acquainted with it; although it might be ne¬ cessary to persuade Sir James that his zeal for the interest of that country entirely arose from personal feelings, and that it was not only unconnected with his official situa- * Melvill’s Memoirs, p. 314,315. t Kippis’s Biographia Britannica. 6 LIFE OF tion, blit in opposition to the duties which it imposed. When, however, it is remem¬ bered that part of what is attributed to him w r as in unison with his opinions on the suc¬ cession of James to the throne of England, it is most probable that Melvill’s memory on that occasion was imperfect; for until Davison’s appointment as Secretary of State, his very enemies have admitted the unble¬ mished integrity of his political character. His talents and acquirements, united to the extraordinary address and assiduity which always distinguished him, caused him to be selected to accompany Mr. Killegrew.* For nearly ten years nothing farther is known of him. Killegrew returned from Scotland in the July of the same year; f but whether Davison remained after his departure, or came back with him, is uncertain. His biographers remark, that there are strong reasons for believing that he remained at¬ tached to the court, and was employed in affairs of importance during that period. J * Biographia Britannica. + Burleigh's Notes of the Reign of Elizabeth, in Murdin’s Burleigh Papers. J Biographia Britannica. WILLIAM DAVISON. 7 The grounds for this supposition are not stated; but it must be observed, that he is not mentioned in any work on the reign of Elizabeth between the years 1566 and 1576. On the death of Zuniga, governor of the Low Countries, and commander of Reque- sens, in February 1576, Davison was sent to the States as her Majesty’s agent, to conti¬ nue the treaty of peace. * His instructions are dated March 29, 1576: they com¬ mand him to assure the States of her Ma¬ jesty’s commiseration; to deny the accusa¬ tion made against her, that she nourished their civil wars; and to advise them to con¬ tinue in their allegiance to the King of Spain: but the real object of his mission was to observe the state of affairs, with the view of enabling Elizabeth to proceed with the greater policy relative to the applica¬ tions made to her by the Prince of Orange and the people of Holland. £ He executed the commission with which he was entrusted so much to the Queen’s satisfaction that he * Lord Burleigh’s Notes, t Biographia Britannica. f Lansdown MSS. 155. 8 LIFE OF was sent over, on the 2d of July 1577,* to reside as her Majesty’s agent at Antwerp; and by instructions dated the 2d of August following, he was ordered, on Namur being seized by Don John, to proceed to that city, f His conduct was as highly ap¬ proved by Elizabeth as it was agreeable to the States : he taught them to hope for the Queen’s aid and support; and on their pointing out that they absolutely required a sum of money for their defence, he imme¬ diately engaged to procure it, on their giving adequate security. The valuable jewels and plate which had been pledged by Matthias of Austria to the States of Holland were, in consequence, sent to this country. Lord Burleigh, speaking of them in his notes, says, “May 1579. Mr. Davison brought over jewels from the States for a pawn for ^28,000; which jewels were delivered to the Lord Cobham and Mr. Secretary Wal- singham, with consent of the Arch-duke Matthias, governor there after Don John’s death but the total sum advanced appeal’s * Burleigh's Notes. j- Lansdown MSS. 155. WILLIAM DAVISON. 9 to have been ,s£50,000 * The different in¬ structions given to Davison by the Queen during his residence in Holland, together with his letters to the Earl of Leicester, &c. are still preserved : they throw considerable light on the affairs of the States at that pe¬ riod, and upon Elizabeth’s conduct towards them; their contents, however, are more connected with the history of that country than with the life of Davison. They com¬ pletely prove that throughout his negocia- tions with the States of Holland he evinced the greatest diplomatic ability, and that he had the singular good fortune not only to obtain the approbation of his own Sove¬ reign, but also to acquire the esteem of the States General, f * Cottonian MSS. Galba, c. vi. part II. f. 110. f The MSS. in the British Museum relating to Davison’s negotiations in Holland are, Copies of six instructions from the Queen to Mr. Davison, of different dates between March 29, 1576, and September 19, 1578. (Lansdown MSS. 155. Harl. MSS. 285.36. Cotto¬ nian MSS. Galba, c. vi. part II.) Seven letters, containing instructions, &c. from Sir Francis Walsingham to Mr. Davison, of various dates; the first from Odiham, Oct. 22, 1578, and the last from Richmond, Jan. 20, 1579. (Cottonian MSS. Galba, c. vi. part II.) Two letters from Mr. Davison to Lord Burleigh, relating to 10 LIFE OF Mr. Davison returned from Holland in April or May 1579 ; and the manner in the affairs of Holland; the one dated Brussels, April 16, and the other April 21, 1576. (Cottonian MSS. Galba, c. v.) Eight letters, on the same subject, from Mr. Davison to the Earl of Leicester, of various dates, between Oct. 3, 1577> and March 26, 1579. (Cottonian MSS. Galba, c. vi. parts I. and II.) The Prince of Orange’s answer to several points proposed by Mr. Davison, April 1578. Minutes of proposals made by Mr. Davison, May 20, 1578. Articles proposed by Mr. Davison to the States General, with their answers, May 29, 1578. Bond from the States of the Low Countries for money bor¬ rowed of Queen Elizabeth, Antwerp, Nov. 3, 1578. Remonstrance made by Mr. Davison to Prince Casimir, concerning his conduct at Ghent, Nov. 10, 1578. Prince Casimir to Queen Elizabeth, complaining of Davi¬ son’s remonstrance, Nov. 14, 1578. A paper relating to the Sum of ^50,000 lent by Queen Elizabeth to Brabant and Flanders in 1578. Memorial of Mr. Davison to confer with the Prince of Orange, with the Prince’s answers, 157S. Articles proposed by Mr. Davison to the States General, with the answers of the States, May 20, 1578. Another memorial for Mr. Davison to confer with the Prince of Orange, with the Prince’s answer. A Letter from Sir Francis Walsingham to Don Casimir, de¬ nying that he was the cause of Mr. Davison’s negociation, which had offended the Duke, 1578. (Cottonian MSS. Galba, c. vi. part II.) A letter from the States General to the Queen, regretting Davison’s departure, and requesting that he or another might WILLIAM DAVISON. 11 which he had conducted the delicate affairs committed to his guidance gained him so high a reputation at court that he was em¬ ployed on every object which required nice and difficult management. * * Probably as a reward for the services he had performed, Elizabeth granted him, by letters patent, dated 19th January, in the twenty-first year of her reign [15/8], the reversion of the situations of clerk of the Treasury and War- rants, and Custos Brevium of the King’s Bench; f but he did not succeed to them until many years afterwards. In 1582 the affairs of Scotland wore a serious aspect : the influence of France began to be considerably felt, and it be¬ came desirable that an effort should be made not only to counteract it, but to induce the King and the people to slight the offers made them by that country, and to depend speedily be sent them; also on the subject of the deposit of Jewels, &c.; Antwerp, May 22, 1579. “A Remembrance for ‘my Cosen Cheeke’ of such Particulars as he is to declare unto Her Majesty concerning the present State of the Low Countries, 1578.” (Cottonian MSS. Galba, c. vi. part II.) * Biographia Britannica. t Harl. MSS. 830. 12 LIFE OF upon England only for assistance. So im¬ portant a mission required talents and ad¬ dress of the highest order, and Davison, from possessing both in a superior degree, was selected as her Majesty’s ambassador to the court of Scotland. Lord Burleigh’s notes inform us that he and Mr. Bowes went into Scotland in February 1582-3. It is certain that Davison succeeded in gain¬ ing considerable influence both with James and the Earl of Arran ; and this is admitted, even by a writer who speaks of him with direspect: * the Lord Treasurer’s notes also state that “ Davison was revoked from Scotland in September 1583 but it is positive that he was there in September 1584. f * Fontenay’s letter to Mary Queen of Scots, in Murdin’s Burleigh papers, p. 552. f The following part of Davison’s correspondence whilst ambassador to the court of Scotland is in the British Museum. Thirty-five letters from Mr. Davison to Secretary Walsing- ham, on the affairs of Scotland, between January 1582-3 and September 17, 1584. (Cottonian MSS. Caligula, c. vii. and c. viii. Harl. MSS. 291.) Two letters from Mr. Davison to Lord Burleigh ; the one WILLIAM DAVISON. 13 From Davison’s correspondence it appears that in January 1582-3 he had an audience of the King; that he was soon after at New¬ castle ; and, in the March following, at Edin¬ burgh. In the dispatch from Mr. Bowes to Sir Francis Walsingham, dated at Edin¬ burgh, March 28, 1583-4, he says, that Mr. Davison and Manningville were then about to return: he was, however, at Ber- dated Jan.3, 1582-3, and the other, from Berwick, MayS, 1584. (Cottonian MSS. Caligula, c. vii. and Harl. MSS. 291.) A letter from Mr. Davison to Sir Christopher Hatton, Edinburgh, 6th September 15S4. (Harl. MSS. 291.) Several letters to and from Davison, and other papers, re¬ lating to his Embassy. (Ibid.) A letter from Secretary Walsingham to Mr. Davison and Mr. Bowes, Feb. 27, 1582-3. (Ibid.) Articles presented by Mr. Davison and Mr. Bowes, for the better satisfaction of Her Majesty, March 1, 1582-3. (Cot¬ tonian MSS. Caligula, c. vii.) Also, Queen Elizabeth’s instructions to Mr. Davison. (Harl. MSS. 291.) A letter from the Queen to Mr. Davison, dated August 1584. (Ibid.) Directions to Mr. Davison for employing the sum of^2000, signed by Lord Burleigh, dated 25 April 1584. (Harl. MSS. 286. Caligula, c. viii.) The King of Scotland’s passport for Mr. Davison, dated at Holyrood, 26 May 1584. (Harl. MSS. 291.) 14 LIFE OF wick in May 1584, in which month his pass¬ port is dated; and on the 17th of Septem¬ ber he states, in his letter to Secretary Walsingham, that he was on his return from Scotland. Robertson thus speaks of the object and success of Davison’s mission: “ Henry III. sent De Motte Fenelon, his ambassador at Elizabeth’s court, to Edin¬ burgh, to endeavour to place James in a situation more suitable to his dignity than to be in the hands of a party devoted to the English. As Elizabeth could not refuse him liberty to execute this commission, she sent Davison (‘ a man of abilities and address’ *) to attend him into Scotland as her envoy, under colour of concurring with him in the negociation, but in reality to obstruct his success. James received Fenelon with great respect; but finding himself watched by Davison, and distrusted by the Nobles, he returned to England without having suc¬ ceeded in his object.” f About this period Mr. Davison was clerk of the Privy Coun- * History of Scotland, vol. II. p. 2S2. f Ibid. WILLIAM DAVISON. 15 cil; * blit the date of his appointment to that office has not been discovered. Early in 1585 the States of the Low Countries became obliged to throw themselves on the Queen’s protection, and after Antwerp was seized by the Spaniards, she was necessitated to adopt decided measures. Elizabeth de¬ termined to assist them in their resolution of defending their freedom by force of arms; and Mr. Davison was selected as her Ma¬ jesty’s ambassador to form the treaty with them, which was to be the basis of their alliance with England: he went into Hol¬ land, according to Lord Burleigh’s account, in August 1585 ; who thus notices his depar¬ ture : “August 1585, Mr. William Davison sent of special message into the Low Coun¬ tries, with 40 shillings diet.”f His instruc¬ tions, which are still extant, J are without date, and consist of nine articles: the prin¬ cipal point in them is, to assure the States that the Queen had taken them under her * Strype’s Annals, vol. III. p. 290. f Lord Burleigh’s notes, t Cottonian MSS. Titus, b. ii. 16 LIFE OF protection ; with some directions as to his conduct in particular contingencies. The most explicit information relative to his negociation in Holland is given in the fol¬ lowing note to the life of Davison in Kip- pis’s “ BiographiaBritannica.” It is chiefly taken from Strype’s “ Annals” * and the “ Cabalabut these works have been re¬ ferred to without finding all the letters and intelligence which it is said are contained in them. “ The treaty with the States was negociated between their ministers and a committee of the Privy Council here; but the carrying it into execution was entirely remitted to the care of Mr. Davison. “ The Queen’s instructions to him, coun¬ tersigned by Secretary Walsingham, are still preserved, and consist of nine articles ; but they are without datef. It appears, how¬ ever, that in September 1585, his negocia¬ tion was far advanced; for upon the fifth of that month the Queen sent him a commis¬ sion to take possession of Flushing in her * Vol. III. p. 290. f Cottonian MSS. Titus, b. ii. WILLIAM DAVISON. 1 7 behalf, and to put the Brill into the hands of the person whom General Norris should ap¬ point. There are also letters extant from him to the Earl of Leicester and Secretary Wal- singham, relating to these affairs, as also a very remarkable dispatch from the Commis¬ sioners who had concluded this treaty to Mr. Davison, dated October the 3d, in which they acquaint him of her Majesty’s entire ap¬ probation of his conduct, and signify that the discontent which it seems had been al¬ ready shewn about this treaty, did not in the least regard him ; but referred to those who had the administration of affairs in Hol¬ land, who are said to have shewn a spirit of over-reaching ; and as they were composed of traders and advocates, the former respect¬ ing nothing but their profit, and the latter flying naturally to quirks and tricks, there was no better to be expected from them. Upon the whole, it appears that no Minister could have greater trust reposed in him; or desire a more ample approbation of his ser¬ vices than he met with. In one thing only he seems to have been a little uneasy, and that was the narrowness of his allowance, which made him very desirous to return to England, 18 LIFE OF that the rise of his reputation might not be purchased by the ruin of his estate. He was not, however, recalled till after the Earl of Leicester went over thither; and we find the Lord Treasurer Burleigh entreating him to give his advice to Mr. Thomas Cecil, his eldest son, appointed Governor of the Brill, at the same time that Sir Philip Sydney succeeded Mr. Davison in the command of Flushing.” * The Earl of Leicester arrived in Holland * The following documents and letters relative to Mr. Da¬ vison’s mission to the Low Countries, are among the manu¬ scripts in the British Museum. Queen Elizabeth’s instructions to Mr. Davison on his going over (without date). (Cottonian MSS. Titus, B. ii.) Ibid. 24 December 1584. (Harl. MSS. 285.) Ibid. 3 September 1585. (Harl. MSS. 36.) Ibid. 27 April 1586. (Cottonian MSS. Galba, C. ix.) Queen Elizabeth’s Warrant for Mr. Davison’s return, April 24, 15S6. (Harl. MSS. 285.) A letter from Mr. Davison to Sir Francis Walsingham, Flushing, October 31, 1585. (Lansdown MSS. !50.) A letter from Mr. Davison to Mr. Herle, London, Feb. 17, 1585-6. (Cotton. MSS. Galba, C. viii.) Ibid. Feb. 26, 1586. (Ibid.) Nine letters from Mr. Davison to the Earl of Leicester, of various dates, between Oct. 5, 15S5, and Feb. 2S, 1585-6. (Ibid.) A letter from Mr. Davison to a Dutch Minister, Hague, March 10, 1586. (Ibid.) WILLIAM DAVISON. 19 about the 12th of December, 1585, as ap¬ pears from his letter to Sir Francis Walsing- ham, dated the Hague, 22d January, 1585* [1586] : in this dispatch, he speaks very highly of Mr. Davison, and of the services he had rendered in Holland, and recpiests that he might be sent back to him with in¬ creased powers. Davison’s repeated solici¬ tations to be allowed to return to England, were at length complied with: the Queen’s warrant for his return is dated 24th April 1585 f [1586] ; it states that the reason of A letter from Maurice de Nassau, Prince of Orange, to Mr. Davison, Hague, 15S5. (Cotton. MSS. Galba, C. viii.) Remembrance from the Earl of Leicester for Mr. Davison. (Cotton. MSS. Galba, C. ix.) A letter from Mr. Davison to the Earl of Leicester, Lon¬ don, Feb. 17, 1585-6. (Ibid.) Ibid, last day of Feb. 1585-6. (Ibid.) Ibid. London, July 2, 1586. (Ibid.) Two letters, Ibid. Nov. 4 and 5, 1586. (Cotton. MSS. Galba, C. x.) A letter from the Earl of Leicester to Mr. Davison, March 10, 1585-6. (Harl. MSS. 285.) Ibid. April 24, 1585. (Ibid.) From the contents of this letter, the date assigned to it must be erroneous. It was pro¬ bably written in November 1585. A letter from Sir Philip Sydney to Mr. Davison, dated Am¬ sterdam, 19 March, 1586. (Ibid.) Ibid. Flushing, 14 April, 1586. (Ibid.) * Harl. MSS. f Harl. MSS. 285. 20 LIFE OF liis being recalled was her “ Understanding his earnest suit, and desire to be revoked.” The cause of this request, it has been said, was the smallness of his allowance; and if his embassy afforded him no other sources of emolument than the allowance of forty shillings a day, which Lord Burleigh tells us was his pay, we can easily imagine that his private fortune must have suffered con¬ siderably. Mr. Davison was, however, in London two months before the date of his ■ t recall: the following extracts from his letter to Mr. Herle, dated London, February 17th 1585 * [1586], are curious. He informs him that he arrived in town on the preceding Sunday, “and on the same day repaired to the court, but found a very cold welcome, and things strangely interpreted.” That Lord Leicester’s conduct “ was utterly disapprov¬ ed, and that Sir Thomas Heneage was dis- * Cottonian MSS. Galba, C. viii. It is to be remarked that in many of the copies of original letters, given in this Memoir, although the original expressions are strictly pre¬ served, the orthography is modernized. This has been done because many of the MSS. particularly those of Mr. Davison, are so very illegible, that it was almost impossible to decipher every letter ; hence, as it could not be done with exactness, it was thought best not to attempt it. WILLIAM DAVISON. 21 patched to undo and overthrow all that was done:” after his arrival he says, “ my first object was to discover from Mr. Secretary, and then from the Vice Chamberlain, whe¬ ther her Majesty, having knowledge of my arrival, had sent for me.” “ The first part of my audience with the Queen was exceed¬ ing sharp, not only against his Lordship, for presuming so far without her privity and consent, and against her express commands ; but also against me for not dissuading him, and opposing myself to it.” “ Of the suc¬ cess of my arguments with her Majesty,” he continues, “ you may learn from my letters to my Lord, and to others ; and I may be bold to assure you, that had 1 not arrived, my Lord would have been utterly disho¬ noured, and the cause overthrown.” Al¬ though he had successfully exerted himself to convince the Lord Treasurer that the mea¬ sures adopted were necessary, and his Lord- ship had in consequence urged Elizabeth on the subject, he adds, “ the Queen is in¬ disposed to revoke Sir Thomas, but I have induced her to qualify her message; but even now, it would be little acceptable to the Earl, or profitable to the cause :” that Sir Thomas was then in Kent, detained 22 LIFE OF by wind and weather, intending to go by Flushing “ if the journey held;” but which he had some idea would not be the case, as he found “ her Majesty decline daily in the heat of her offence against his Lord- ship,” who, he observes, “ owes more to the constant friendship of Mr. Secretary than to all the others at Court :” after express¬ ing his hopes that Mr. Herle’s wife and his friends were well, he tells him that “ my poor self being now in some part unbur¬ dened of my business, am preparing to go towards the Bath, about the middle of next month, where I shall be more able to pray for you, than able to do you service ;” and concludes by assuring him of his friendship. In a postscript, he adds, that Sir William Pelham was then at his house in the country, from whom he had heard once or twice, and who, he remarks, “ had been hardly dealt with.” * * Sir William Pelham was field-marshal of the forces under Leicester in Holland, in 1585. and died at Flushing, November 24, 1587- Vide Camden’s Elizabeth, p. 511.—Stow's Annals, p. 733 to 741.—Collins’s Peerage, ed. 1779, v. 8. p. 118, 119. The injustice alluded to by Davison perhaps referred to some imputations thrown on him by Leicester, in extenuation of his own conduct. WILLIAM DAVISON. 23 On the same day [February 17, 1585-6], Davison wrote to Lord Leicester, in which he gave an able and elaborate account of what passed in his audiences with the Queen, and of the arguments he used to persuade her of the propriety of the Earl’s conduct. In this letter, * which is very long, and ad¬ mirably written, he states that the morning after his first interview with her Majesty, on finding that Sir Thomas Heneage “ was dispatched with great heat, I repaired again unto her, and so much was I perplexed, with teai^s besought her to be better ad¬ vised.” On the last day of February 1585 [1586], Mr. Davison again wrote to the Earl of Lei¬ cester from London, f and the subjoined extracts from his letter cannot fail of being deemed highly interesting, as they exhibit Elizabeth’s transient, and wavering anger towards her favourite, and the effect which her displeasure produced on Lady Leicester. Davison commences by informing his Lord- ship, that since his arrival and the audiences he had had with the Queen, “ the storm * Printed at length in Hardwicke’s State Papers, vol. I. p. SOI. f Cottonian MSS. Galba, C. viii. fol. 46. 24 LIFE OF against his Lordship had overblown, and abated daily, but that notwithstanding, Sir Thomas Heneage continued his journey.” He then says, “ I have not seen my Lady for five or six days, but I hope to do my duty towards her tomorrow. I found her greatly troubled with the tempestuous news she received from Court, but somewhat comforted, when she understood how I had succeeded with her Majesty. It had been told me, by some great ones, that it had been put into her Majesty’s head, that your Lordship had sent for her, and that she made preparations for the journey, which, added to a number of other things, asserted by such as affected neither your Lordship, nor the cause, did not a little increase the heat of her Majesty’s offence against you. But this passion overblown, I hope her Ma¬ jesty will have a gracious regard both to¬ wards yourself, and the cause (as she hath not let sometimes to protest since my re¬ turn), knowing how much it importeth her in honour and surety; which, recommend¬ ing to the blessing of God, and your Lord- ship to his gracious protection, I do here most humbly take my leave, from my poor house in London, this last of February WILLIAM DAVISON. 25 1585-6. Your Lordship’s ever bounden, and most devoted to do you service. W. Davison.” Mr. Thomas Dudley, in a letter to Lord Leicester, dated February 11th, 1586, also alludes to the report of Lady Leicester’s going over to the Earl, and says that her Majesty had been informed that the Coun¬ tess was going over to him, £t with a train of ladies, gentlemen, and such coaches, lit¬ ters, and side-saddles, as her Majesty had none such, and which would surpass her Court here, which did not a little stir her Majesty to extreme clioler, and dislike of all your doings; saying with great oaths, she would have no more Courts under her obeisance but her own.” In this letter, Mr. Dudley tells his Lordship that he has long forborne to acquaint him with her Majesty’s displeasure, “ hoping he would have sent Mr. Davison to have satisfied her Majesty, but as he was not yet come,” he is induced to do so ; and in another place, “ that the long stay of Mr. Davison’s company, and his forbearing to write, maketh all his friends at their wits ends what to answer, or say in 26 LIFE OF his behalfand adds, “ all your friends at Court look for Mr. Davison’s arrival to sa¬ tisfy all furies.” * Notwithstanding Davi¬ son’s exertions to soften Elizabeth’s resent¬ ment towards Leicester, and the success which attended them might have convinced his Lordship of the sincerity of his con¬ duct, it is evident that the Earl thought he had not pleaded his cause as he might have done : and it appears from Leicester’s dispatch to Secretary Walsingham, dated 31st January [1585-6], -f in which he says, “ Mr. Davison doth now return home, which I could hardly have yielded unto, but only to satisfy you of our proceedingsthat the Earl relied on him to explain, and justify what he had done in Holland. In a letter from Lord Leicester to Davison, addressed, as all his Lordship’s letters were, to his “ Cousyn Davison,” dated March 10, 1585 [1586], J among other charges he accuses * Hardwicke's State Papers, vol. II. No. XVIII. p. 298. f Harl. MSS. 285. t Harl. MSS. 285 f. 230. It is printed in Hardwicke’s State Papers, vol. I. p. 320 ; and Kippis, in his BiographiaBritannica, article, “ Earl of Leicester,” makes the following pertinent comments on it. “ One of Lord Leicester’s Letters to Davison ( f jz^fLZZ “' T.183. Y rZfS. 2 / / ' /y^ /<^y X. .Hurfzn. Zitfuy WILLIAM DAVISON. 27 him “ of not sufficiently setting forth his reasons to her Majesty.” That these accu¬ sations arose more from temper than justice may be proved beyond the shadow of a doubt; the letter which contains them is still extant, and in the margin Davison has written his answers to each of Leicester’s charges. His replies are pithy, and con¬ vincing ; the greatest part of them he posi¬ tively denies, and the others he most satis¬ factorily explains. Besides these answers to Leicester’s accusations, Davison, in a letter to the Earl, dated London, July 2, 1586, * * refutes them in a manner which confirms their injustice : a copy of the letter from Lord Leicester, which from Davison’s marginal notes is a curious article, would have been inserted had it not been already published; and the other proofs which exist, that Lei¬ cester’s displeasure towards Davison was unmerited, render its being recopied unne- is extremely petulant, and strongly displays the haughty tem¬ per of the man. Nor did Davison deserve this treatment, for he evidently appears to have acted with great zeal in explain¬ ing, and vindicating to the Queen, Leicester’s motives for ac¬ cepting the dignity of Governor-general of the Low Countries.” * Cottonian MSS. Galba, C. ix. 28 LIFE OF cessary. If the conjecture is correct, that he was indebted to the Earl for his situation of Secretary of State, it is almost certain that his Lordship became convinced that his anger was undeserved, and that he was again assured of his fidelity and attachment. In thus attributing his appointment to that office, to a wish to serve him, Camden’s opinion of the motives with which Davison was selected for it, is of course rejected, and the grounds for disputing it will be stated in a subsequent page. The following letters * from the virtuous, and celebrated Sir Philip Sidney are inserted, because every memorial of so eminent an individual is of great interest; and the friend¬ ship and good opinion which it is evident from them he entertained for his relative, f are important testimonies of the estimation in which Davison was held by the most il¬ lustrious of his contemporaries. The second letter is peculiarly valuable from its expres¬ sing his regard for him in warmer terms than the preceding ; and which, when contrasted with it, may be considered to have arisen * Harl. MSS. 285. f Vide Genealogical Table. WILLIAM DAVISON. 29 from Sydney’s having, between the 19tli of March, and the 24th of April, received proofs from Davison that the Earl of Lei¬ cester’s suspicions were unfounded. The noble manner in which Sir Philip avows his having advised his uncle to the measures he adopted, and the simple, yet dignified style in which he declares his opinions, are strongly characteristic of the author of the “ Arcadia.” “ Cousin, “ My Lord thinks great unkindness in you, being advertised from thence that you greatly disclaim from his defence, which now your absence from Court seems much to confirm;* but of your faith I will make no doubt while I live, only I think you answered not the point of her Majesty’s mislike, for you an¬ swered only upon the necessity, but should have argued withal upon the nature, which is not absolute as her Majesty took it. Well, a great blow is stricken, things went * In Davison’s Letter to Mr. Herle, dated 17th of the pre¬ ceding month, he states that he was preparing to go to the Bath about the middle of the next month. Vide p. £'2. 30 LIFE OF on beyond expectation, I doubt me, hardly to be redrest. And so I commit you to God, my good Cousin, with hearty com¬ mendations to my Cousin your wife. At Am¬ sterdam, this 19th March, 1586. “ Your loving Cousin, “ PH. SlDNEY.” “ To my especial good Cousin Mr. Davison. “ Cousin, “ I am heartily sorry with the unkindness you conceive of my Lord, and more at the cause thereof. I know by letters thence, and some speeches here, that he was much incensed because he had heard that you had utterly, and with tears, disclaimed him with mislike of the acceptance, but I did never think he had written touching, you into England. For my part I will for no cause deny (and, therefore, you shall have my hand-writing to prove I am no accuser of you) that I was ever of opinion he should accept it without delay, because of the ne¬ cessity, without sending to her Majesty be¬ cause of not forcing her in a manner to be further engaged than she would, which had OC'J WILLIAM DAVISON. 31 been a piece of an undutiful dutifulness. The odds was, that some others were of opinion the authority was not increasing; you liked of this, as it is, and I only lent to your opinion therein. Well Cousin, these mis- takings sometimes breed hard effects, but I know he in his judgment loves you very well, howsoever in his passion he have writ¬ ten, and so I end, assuring you that I am still one towards you, as one that know you, and therefore love you. Commend me to my Cousin, and God preserve you both. At Flushing, this 14th April [1586]. “ Your most loving Cousin, <£ Ph. Sidney.” “ To my especial good Friend and Cousin Mr. Davison. “ Good Cousin, *' £ The long practice of Graveling which was brought unto us, is proved a flat trea¬ son, I think even in them that dealt with us. The circumstances I leave to Burnet, who yet thinks better of the practisers than I do; for yourself Cousin, assure yourself any way that I can testify my assured friend¬ ship towards you I will: ground upon it for 32 LIFE OF I will not fail you; and so I leave you to God’s blessed protection. At Flushing, this 20th July, 1586. “ Your loving friend and Cousin, “ Ph. Sidney.” Mr. Davison’s conduct as her Majesty’s Ambassador to the States of Holland, added very considerably to the reputation he had already acquired. The negociation with which he was entrusted has been considered one of the most intricate, and difficult transactions of Elizabeth’s reign: but he had, as it has been already observed, the extraordinary good fortune to render an important service to his own country, by obtaining ample security for the expellees it had occurred in aiding the Low Countries against Spain; whilst, by his urbanity and address, he conciliated the esteem of the States, and received their strongest acknow¬ ledgments. * Soon after his return to Eng¬ land, he was declared a member of her Ma ¬ jesty’s most honourable Privy Council, and in the autumn of the same year appointed one of her principal Secretaries of State. * Biographia Britannica. WILLIAM DAVISON. 33 It is certain that Davison held this office in the beginning of October 1586, as he is described as one of her Majesty’s principal Secretaries in the Commission for the trial of the Queen of Scots, which was issued early in that month ; but the warrant for his appointment, a copy of which is pre¬ served, * was not issued until the Decem¬ ber following. It is dated at Westminster, December 12, anno regni 29 [1586], The preamble recites that, “ De fidelitate, in¬ dustrial, prudentia, experientia, et pro aliis virtutibus egregiis dilecti et fidelis consiliarii nostri Guilliami Davison, Armigeris ,” her Majesty had been pleased to create him one of her principal Secretaries, and an annual salary of <§£.100, to be paid twice a year, is assigned him. Davison had now attained the meridian of his fortunes, and although his approach to power had been slow and progressive, his fall was precipitate and fatal. The mo¬ tives with which he was selected for so con¬ fidential a situation having been commented on, it is necessary to devote a few pages to examine them. * Cotton. MSS. Vespasian, C. xiv. f. 539. D 34 LIFE OF It is the opinion of Camden, * and which has met with general acceptation, that Da¬ vison was appointed Secretary of State solely to be made the instrument of the death of the Queen of Scots, and then to be sacrificed to Elizabeth’s selfish policy of persuading the world, that that event was without her knowledge, and against her in¬ clination. This opinion, however, is not only unsupported by one single argument, but every probability is strongly against it. Davison was not a man who was suddenly fixed on to take a part in the affairs of state, destitute of patronage and connec¬ tion, and without reputation or experience twenty years had elapsed since his first ap¬ pearance in public life, during which period he had filled several important diplomatic situations, and had always been employed on those which required peculiar management and ability : his conduct had secured to him a high reputation for fidelity, zeal, and integrity ; and the complete success which * Annals of Elizabeth. f In the Preamble to the Warrant for creating Davison Se¬ cretary of State, his experience is stated as one of the causes of his appointment. WILLIAM DAVISON. 35 attended each of his missions, is sufficient evidence of his talents, and address. He was, as has been shewn, the relative, as w r ell as the friend of the potent Earl of Leicester, who, if the virtuous Sir Philip Sydney may be believed, notwithstanding his transient displeasure, entertained a sincere regard for him; he was also connected with the Lord Treasurer Burleigh, and when the cloud first burst on the unfortunate Secretary, he bore testimony to his superior merits. The Earl of Essex was also a warm friend to Mr. Davison, and his friendship was perhaps, more sincere than that professed by the others, because it was manifested in his mis¬ fortunes ; and so far as we can judge by the absence of all proof to the contrary, was unweakened by any interruption. With these facts to guide our judgment, can the appointment of Davison appear so extraor¬ dinary, as to oblige us to impute it to a pre¬ meditated scheme, which was to end in his disgrace and ruin ? Is it probable, if the plan had really been laid, that the death of Queen Mary should be imputed to one of Elizabeth’s ministers, whose fortune and fame 36 LIFE OF were in consequence to be immolated, that a man allied by marriage to some of the most powerful personages in the Queen’s Council, would have been selected ? Notwithstand¬ ing the vices imputed to Leicester, and the deep policy ascribed to Burleigh, is it likely that they would have chosen their victim from their friends and kindred ? But with¬ out dwelling on the family connection be¬ tween these individuals, as grounds for dis¬ senting from Camden’s conjecture, there are other reasons of some weight for thinking that Davison’s appointment was totally un¬ influenced by any sinister motive. About the period at which he came into office, it was determined to bring the Queen of Scots to trial, and the additional business which must have been expected from that affair, was a sufficient reason for creating another Secretary of State. Davison had then just returned from an embassy which he had concluded perfectly to Elizabeth’s satisfaction ; his zeal rendered him peculiarly eligible for the proposed situ¬ ation ; and the nature of his talents, which combined considerable prudence, with great WILLIAM DAVISON. 37 political sagacity, particularly fitted him to advise on the delicate and important busi¬ ness then in agitation. If Burleigh, and the rest of the Ministers, had intended to render the person who was to be appointed to that office the tool of a State intrigue, would they not have chosen a man whose integrity was flexible, and whose easy nature was in¬ capable of resisting the wishes of others ? They must have known that the persuasions of Elizabeth, the example of Leicester, and of the majority of the most distinguished personages in the kingdom, could not in¬ duce him to subscribe to the bond of asso¬ ciation. * The reasons which caused him to refuse, he probably assigned in writing, as they still exist in his own manuscript, f Upon what possible basis then could the Mi¬ nisters of the Queen have built their expecta¬ tions, that he would become the instrument of their projects ? His talents and prudence had often been exhibited, and were gene¬ rally admitted ; they could not consequently have founded any such hopes upon his * Cottonian MSS. Calig. C. ix. f. 470, 471. Printed in the Appendix to Robertson’s History of Scotland, f Harl. MSS. 290, f. 154. 38 LIFE OF weakness or ductility. They must have seen that even the solicitations of Majesty itself could not induce him to do what his con¬ science disapproved ; hence he was not likely to be worked upon by any thing which they could offer. His general character, too, must have taught them that he would prefer po¬ verty and obscurity to rank or power, if the latter were to be purchased by the commis¬ sion of any act which could possibly cast a stain upon a reputation that had always been pure and unspotted. But besides all these considerations, Elizabeth told the Earl of Essex that she had herself selected him for that situation, and she appeared to take cre¬ dit for her discernment, in appreciating his capability for the duties of it. Hence there are sufficient reasons for the decided belief that Davison’s appointment as Secretary of State was the natural consequence of his services, talents, and connections, without there being the slightest intention of making him the agent of Mary’s execution, or of his own misfortunes. The commission for the trial of the Queen of Scots was dated on the 6th of October, 1586, and Avas addressed to the following WILLIAM DAVISON. 39 distinguished characters the Archbishop of Canterbury ; the Lord Chancellor ; the Lord Treasurer; the Marquis of Winchester; the Earl of Oxford, Great Chamberlain of England; the Earl of Shrewsbury, Earl Marshal; the Earl of Kent; the Earl of Derby; the Earl of Worcester; the Earl of Rutland; the Earl of Warwick, Master of the Ordnance; the Earl of Pembroke ; the Earl of Leicester, Master of the Horse ; the Earl of Lincoln; the Viscount Montague; the Lord Howard, Great Admiral of Eng¬ land ; the Lord Hunsdon, our Lord Cham¬ berlain ; the Lord Abergavenny; the Lord Zoucli; the Lord Morley; the Lord Cob- ham, Lord Warden of the Cinque-ports ; the Lord Stafford; the Lord Grey of Wilton ; the Lord Lumley; the Lord Stourton; the Lord Sandes; the Lord Wentworth; the Lord Mordaunt; the Lord St. John of Blet- slioe; the Lord Buckhurst; the Lord Comp¬ ton ; the Lord Cheney; Sir Francis Knolles, Treasurer of the Household; Sir James Crofts, Comptroller of the Household; Sir Christopher Hatton, Vice-Chamberlain ; Sir Francis Walsingham, one of our Principal Secretaries, and another of our Privy Coun- 40 LIFE OF cil; 4 and also to our trusty and beloved William Davison, Esquire, another of our Principal Secretaries, and of our Privy Coun¬ cil Sir Ralph Sadler, Chancellor of the Duchy of Lancaster; Sir Walter Mildmay, Chancellor of the Exchequer; Sir Amias Paulet, Captain of the Isle of Jersey; John Wolley, Esq. our Secretary for the Latin Tongue, and a Privy Councillor; Sir Chris¬ topher Wray, Chief Justice of the Pleas; Sir Edmund Anderson, Chief Justice of the Queen’s Bench ; Sir Roger Manwood, Chief Baron of the Exchequer ; Sir Thomas Gaw- dy, one of the Justices of the Pleas ; and William Periam, one of our Justices of the Bench.” There are three letters extant from Davi¬ son on the subject of the trial of the Queen of Scots, and as every document connected with that event is of the highest interest, the following extracts have been made from them. In the first, to Sir Francis Walsingham, dated at the Court, October 4th, 1586, he tells him, * that he has submitted his letter, with one from the Lord Treasurer, to her * Harleian MSS. 290, fo. 174. WILLIAM DAVISON. 41 Majesty, who, s y Jn ey, ob. Sept. tor Dover 1 Juc. I. the intimate friend uid in 1683; mar Maty, dam lilrinjin IMII. ..... executor of Secretary Duvison ; ob. 1616 ; and coheir »f Thos. Is- 1596. - J . ancestor of the present Vise. Torrington, ley, of Susdridgi Ac. -f- Kc Guildford Dudley, married Lady Jane Grey, beheaded 1553. Mary Dudley .=Sir Henry Sid¬ ney, K. G. it; living in 1583. Freds Davison, son and heir, horn c supposed to have died circa 1C 3. William Davison, living 1609. Queen Elizubcth ; buried at Stepney 24th Dec. 1608. . eldest daughter, living in 160!); mar.... Townlcy. 34, ulso styles &- cretary Davison "hiscou- sin mar. Frances, dau. of Sir Francis Wokingham, Se¬ cretary of State to Q.EIi/,.— Eli/.ubctb Sydoi-y .lnnjhic.amlhdr; married Roger, 5th F.arl of Rutland ; ob. s. p !r,|o. SS.r nokcitSyd. MnrySydnev.lowhom her bro. S&rirff-' U.cr Sir Pj.ili,. .U-dictcd the stKl Earl (it Let- ••Arcadia;" oh. Sept. 1621 ecster ,01618.* 3 d wife of Henry'll of 3. Sir ritomus Pembroke. K. G.; ob. Jan Sidney. 1600-1. William, ....—i, 3d Earl of Pembroke, K. G.; to whom Francis Davison dedicated •• The Poetical Rhapsody ob. s. p. WILLIAM DAVISON. 213 Sundridge, in Kent, knt. This alliance con¬ nected Davison, as is shewn by the genealo¬ gical table, with the Earl of Leicester, Lord Burleigh, Sir John Cheke, the Byngs of Wrotham in Kent, and with other persons of considerable eminence. At what period this union took place is uncertain, but pro¬ bably about the year 1570. Of Mrs. Davi¬ son nothing is known excepting that she is spoken of in Sir Philip Sydney’s letters, and that she was living in 1596 : as she is not mentioned in Davison’s will, it is most likely that she died before her husband. By her he left issue Francis, Christopher, William, Walter, Catherine, and another daughter. Francis Davison, the eldest son, was born about 15J5. In 1593 he was admitted a member of Gray’s Inn ; and on the 27 th of May, 1595, * he obtained the Queen’s li¬ cence to travel for three years with his tutor, Edward Smyth, M.A. In this licence he is described as “ Francis Davison, of * Had. MSS. 38. f. 188. 214 LIFE OF Gray’s Inn, Gent.” They are allowed to take with them one servant, two horses, and fifty pounds in money. There are two letters extant from Mr. Smyth to Mr. Davi¬ son, relative to his son’s expences. The one dated Venice, 22d January, 1595-6;* in which he states that the sum of ^£.100 a year, which he allowed his son, was not suffi¬ cient, and that Ire ought to have two hun¬ dred ; it is addressed, “ To the Right Ho¬ norable Mr. Secretary Davison, at his house in Stepney, give these.” The other letter is also from Venice, and is dated on the 16th of February following : f the subject is the same as the preceding, and contains the fol¬ lowing passage : “So good Mr. Francis is now a man, and your son, and not so easily ruled touching expences, about which we have had more brabblements than I will now speak of.” It concludes by requesting an immediate supply of money, “ the young gentleman being humoursome and extrava¬ gant.” In the British Museum are two let- * Harl. MSS. 29o. f. 114. •f- Ibid. f. 111. WILLIAM DAVISON. 215 ters from Francis Davison to his father ; the first is from Lucca, Nov. 6, 1596, * and another from the same place on the 20th of that month. In the latter, which is directed “To the Right Honorable and my very good father, Mr. Secretary Davison, at his house at Stepney, near London,” he gives him information relative to affairs on the Continent ; he alludes to his father’s misfor¬ tunes, and enquires if his friends are faith¬ ful ; and assures him that he must soon be restored to favour. This letter is adorned with Latin and Italian quotations, and is evidently the production of a scholar and a gentleman : he promises to send his re¬ marks, if his good Lord f approved of the last, and desires to have introductions to dif¬ ferent Courts ; and after apologizing for the expence which he occasions, he begs to be remembered to his mother, and expresses his gratitude to so good and kind a father; he then signifies his intention of going to * Ayscough’s MSS. 4122. f. 35. and 103. As both these letters are printed in Birch’s Memoirs ofElizabeth, pp. lS5and 204, they are not inserted, f The Earl of Essex. 216 LIFE OF Vienna in the ensuing April, and thus con¬ cludes : “And so, desiring the continuance of your favor, the excuse of my follies, and to be recommended to Mr. Anthony and Mr. Francis Bacon, * Mr. Wade, and the rest of my dear and honorable friends, and, lastly, to my beloved sisters and brothers, I humbly take my leave, with my prayers for your help and preservation. “ Your most obedient and loving son, “ Fra. Davison. “Lucca, 20 of November, 1596, Stilo Novo.” Whilst on his travels he sent the Earl of Essex an account of Saxony, f to which his Lordship alludes in the following letter to him : “ To Mr. Francis Davison in Italy. “Ifthis letter do not deliver to you my * Afterwards the celebrated Viscount St. Alban s, to whom Davison, through his mother's family, was remotely allied, f Birch’s Memoirs, vol. II. p. 91. WILLIAM DAVISON. 217 very affectionate wishes, and assure you that I am both careful to deserve well and covetous to hear well of you, it doth not discharge the trust I have committed unto it. My love to your worthy father, my expectations that you will truly inherit his virtues, and the proof I have seen of your well spending abroad, are three strong bands to tie my affections unto you. To which when 1 see added your kindness to myself, my reason tells me it cannot value you or affect you too much. You have laid so good a foundation of framing yourself a worthy man, as, if you now do not perfect the work, the expectation you have raised will be your greatest adversary. Slack not your industry in thinking you have taken great pains already. Nunquam enim nec opera sine emolumento nec emolumentum sine impensd est. Labor voluptasque dissimiles naturd societate quadain naturali inter se con- juncti sunt. Nor think yourself any thing so rich in knowledge or reputation as you may spend on the stock, for as the way to virtue is steep and craggy, so the descent from it 218 LIFE OF is headlong. It is said of our bodies, that they do lente angerere et cito extinguuntur; it may be as properly said of the virtues of our minds. Let your virtuous father, who in the midst of his troubles and discomforts hath brought you, by his care and charge, to that which you are, now in you receive perfect comfort and contentment. Learn virtutem ab illo, fortunam ab aliis. I write not this suspecting that you need to be admonished, or as finding myself able to directj but as he that when he was writing took the plainest and naturalest style of a friend truly alfecteth to you: receive it, therefore, I pray you, as a pledge of more love than I can now shew you; and so, de¬ siring nothing more than to hear often from you, I wish you all happiness, and rest “ Your very affectionate “ R. Essex.* “ Whitehall , 8 January , 1596.” A correspondence, which is extant, be¬ tween Mr. Davison and Mr. Anthony Ba- * Harl. MSS. 248, and Ay6cough's MSS. 4116. f. 102. Printed in Birch's Memoirs, vol. I. p. 365. WILLIAM DAVISON. 219 con, the brother to the immortal Bacon, does not contain any thing of importance.* In 1602 Francis Davison published the first edition of his “ Poetical Rhapsody,’’ contain¬ ing a collection of Sonnets, Odes, Elegies, Madrigals, Epigrams, Pastorals, Eclogues, with other Poems, which he dedicated to the Earl of Pembroke, to whom he was dis¬ tantly related.f Many of these were written by his brother Walter and himself; but the greatest part were the productions of mis¬ cellaneous authors. This work has been pronounced by an able critic to be the most valuable and curious collection of its day; * It consists of the following letters, part of which are pub¬ lished in the above-mentioned Memoirs. Ayscough's MSS. 4121. f. 127- Francis Davison to Anthony Bacon, Sept. 21, 1596. Ibid. 4120. Anthony Bacon to Mr. Francis Davison, August 7, 1596. Ibid. 4121. f. 127- Francis Davison to Anthony Bacon, Sept. 21, 1596, from Florence. Ibid. 4121. f. 265. Ibid, from Lucca, Oct. 16, 1596. Ibid. 4122. f. 130. Anthony Bacon to Francis Davison, Nov. 24, 1596. | Vide Genealogical Table. 220 LIFE OF and it has procured for its editor a celebrity which ranks him high amongst the poets of that age : it went through four editions; the second in 1608 ; the third in 1611; and the fourth in 1621. As it had become ex¬ ceedingly scarce, Sir Egerton Brydges has obliged the world by republishing it; and he has added the versification of some Psalms by Francis Davison and his brother Chris¬ topher. * The fate of Francis Davison remains en¬ veloped in mystery. The editor to whom the public are indebted for this collection of * These Psalms are taken from Harl. MSS. 6930, which is entitled, “ A Translation of a few Psalms of David, by Mr. Francis Davison, Jo. Bryan, Richard Gipps, and Christopher Davison.” In the first page the following complimentary “ in¬ troduction to as many of the Psalms as are of Mr. Francis Da¬ vison’s composure” is written by W. Bagnall: These Psalms, so full of holy meditation, Which David sung by heavenly inspiration, Our souls, by as divine an imitation, Ravish and bless anew in this translation. Cease not this holy work, but one by one Chaunt o’er these heavenly hymns, which may be done In divine measures, as they are begun, Only by David’s self or David’s son ! WILLIAM DAVISON. 221 his works, conjectures that he was a de¬ pendant on the Court, and died before 1621. It is certain that, although belonging to an inn of court, he was never called to the bar. The following elegant remarks on him are an appropriate conclusion to these particulars of this accomplished man. “ It is not easy to guess how it could have hap¬ pened that a man of Francis Davison’s ta¬ lents and acquirements should have gone to his grave without having left to posterity any other traces of his existence than this single literary present. The ardour of mind which is an inseparable ingredient of poeti¬ cal power is almost always accompanied by ambition, or at least a strong love of fame. It was not the world’s insensibility to this production which blighted his hopes and destroyed his spirits : for this was certainly well received and very popular. In the present day it is scarcely possible that such a man could have died utterly un¬ noticed.” * * Gentleman's Magazine, November, 1817* 222 LIFE OF Of Christopher Davison, the second son, very little is known. It is believed that he was admitted a member of Gray’s Inn in the year 1597; and, excepting his being mentioned in his father’s will, and that he translated some Psalms, the only thing po¬ sitive which has been ascertained about him is, that soon after his hither’s death he pre¬ sented the following petition to Parliament relative to the situation of Gustos Brevium of the King’s Bench : “ In March, 1609 * [1610], Christopher Davison petitioned Parliament, setting forth, that Queen Elizabeth, by letters patent 19th January, 21 Eliz. granted to William Davi¬ son, Esquire, the office of Custos Brevium of the King’s Bench, habendum after the death of one Richard Payne, then Clerk of the same office. The King’s Majesty, after the death of the said Richard Payne, by his letters patent 25 July, 5 Jac. confirmed and ratified the Queen’s grant, and further (at the humble petition of the said William Da¬ vison) granted the reversion of the said of- * Lansdown MSS. 91. p. 56. WILLIAM DAVISON. 223 fice unto George Byng, of Wrotham in Kent, and Henry Byng, of Gray’s Inn, whose names he used, in trust for the be¬ nefit of him and his children, and payment of his debts, the greatest part whereof was such debts as were owing to them. William Davison dieth, and (by his will in writing reciteth the said trust) willeth the said George Byng and Henry Byng, or one of them, to exercise his said office until his debts and daughters’ portions be paid; and after such payment, or security put in for that purpose, to assign over the said office, Avith the execution thereof, to Christopher Davison, second son of the said William Davison. After the death of the said Wil¬ liam Davison, George Byng and Henry Byng, by virtue of the letters patent, were sworn in and admitted. Since Christopher Davison hath offered payment of all sums of money and charges whatsoever to the Byngs owing, or by them disbursed, and to put in security for payment of the other debts, and whatsoever else is required by his father’s will; upon performance of which, he desireth (according to his father’s will) the said office 224 LIFE OF to be assigned over unto him, Henry Byng confessing the trust is well contented; but George Byng making many pretences un¬ conscionably refuseth. “ The humble suit of Christopher Davi¬ son unto the High Court of Parliament is, that after satisfaction of all debts and de¬ mands to the said Byngs, and sufficient security put in for the payment of all other the creditors of his father (whom his special desire is to have satisfied), the said office may be settled upon him and his assigns, according to his father’s will, during the lives of the said George Byng and Henry Byng, and the longer liver of them. “ The reason -why he is driven to seek an Act of Parliament is, for that he must dis¬ burse so great sums of money to the Byngs (which they affirm to amount to AVISON. 283 ceeding therein with the rest of my Lords, after it was resolved that it was neither fit nor convenient to trouble her Majesty any farther with it, considering that she had done all that the law required at her hands, and that she had, both to myself and others, signified, at other times, her indisposition to be acquainted with the particular circum¬ stances of time, place, &c. and that to de¬ tain the warrant, in expectation of any far¬ ther directions from herself, was both need¬ less and dangerous, considering the hourly hazards her Majesty lived in. And, finally, that my Lords, knowing her Majesty’s un¬ willingness to bear all the burthen alone, were content most resolutely, honourably, and dutifully, to ease her as much as they might; with what reason and justice should I have hindered the course of justice, tend¬ ing so greatly to her Majesty’s safety and preservation of the whole realm; and for the other part of keeping it by me to such ends as is before alledged, I trust the world doth not hold me so undutiful to her Majesty, or ill advised for my particular, as to take such a charge upon me, to the evident peril of 284 APPENDIX TO her Majesty’s life, subversion of the whole estate, and mine own utter overthrow; nei¬ ther is there cause to think, I speak in all reverence, and under her Majesty’s gracious favour, that her Majesty, having proceeded so far as she had done, to the trial of that lady’s fact, found her guilty, by a most ho¬ nourable Jury of her Nobility, assembled her Parliament only for that purpose, gra¬ ciously heard their petitions, and dismissed them with so great hope, published after¬ wards the Proclamation for her disablement, rejected the suits both of the French and Scottish Kings for her life, and returned their Ambassadors hopeless ; confirmed the imprisonment by her letters to both Princes (some of which it pleased her to communi¬ cate with myself), protested many hundred times her necessity and resolution to go through with all (albeit for sundry reasons she had so long deferred it), having given her commandment to me many days before, to bring up the warrant unto her, and then voluntarily sent for it by my Lord Admiral, signing it as soon as I brought it, her ex¬ press commandment given me to carry it to LIFE OF W. DAVISON. 285 the seal, and to have it secretly handled. And, finally, her particular direction, whilst she was signing other things, at the same time to have the execution done in the Hall, misliking that it should be done in the Green or open Court, with a number of other foregoing and following circumstances, may sufficiently testify her Majesty’s dispo¬ sition to have it proceeded in. Albeit she had to myself and others declared her un¬ willingness to have been made acquainted with the time and other circumstances, having done all that the law required of her, or that in honour was fit and expedient for her to do. APPENDIX D. From Cottonian MSS. Caligula C ix. f. 470. * The objections against Mr. Davison, in the cause of the late Scottish Queen, must concern things done either 1. Before her trial at Fotheringay ; 2. During the Session ; 3. After the same. 1. Before her trial he neither is nor can be charged to have had any hand at all in the cause of the said Queen, or done any thing whatsoever concerning the same, di¬ rectly or indirectly. 2. During that session he remained at Court, where the only interest he had there¬ in was, as her Majesty’s Secretary, to receive the letters from the Commissioners, impart them to her Highness, and return them her answers. * Printed in the Appendix to Robertson’s History of Scot¬ land. LIFE OF W. DAVISON. 28 7 3. After the return thence of the said commission, it is well known to all her Counsel, 1. That he never was at any deliberation or meeting whatsoever, in Parliament or Council, concerning the cause of the said Queen, till the sending down of her Ma¬ jesty’s warrant unto the Commissioners by the Lords and others of her Council. 2. That he was no party in signing the sentence passed against her. 3. That he never penned either of the pro¬ clamations publishing the same, the warrant for her death, nor any other letter or thing whatsoever concerning the same. And That the only thing which can be spe¬ cially and truly imputed to him is, The carrying-up the said warrant unto her Majesty to be signed, she sending a great Counsellor unto him with her pleasure to that end. And Carrying it to the great seal of England, by her own special direction and command¬ ment. For the better clearing of which truth it is evident, 1. That the warrant, being penned by the 288 APPENDIX TO Lord Treasurer, was delivered by him unto Mr. Davison, with her Majesty’s own privity, to be ready to sign when she should be pleased to call for it — (and was sharply re¬ proved for the same by a great Peer * in her Majesty’s own presence). 2. That being in his hands he retained it at the least five or six weeks unpresented, not once offering to carry it up till she sent a great Counsellor unto him for the same. 3. That having signed it, she gave him an express commandment to carry it to the seal, and, being sealed, to send it imme¬ diately away unto the Commissioners, ac¬ cording to the direction, herself appointing the Hall of Fotheringay for the place of execution, misliking the Court-yard in divers respects ; and, in conclusion, absolutely for¬ bade him to trouble her any further, or let her hear any more thereof till it was done, she, for her part, having (as she said) per¬ formed all that in law or reason could be required of her. * This interlineation is placed exactly as it stands in the original; but it appears that the word “ Counsellor” was first written, and the word “ Peer" afterwards substituted for it. LIFE OF W. DAVISON. 289 4. Which direction notwithstanding he kept the warrant sealed all that night, and the greatest part of the next day, in his hands, brought it back with him to the Court, acquainted her Majesty wherewithal, and finding her Majesty resolved to proceed therein according to her former directions, and yet desirous to carry the matter as she might throw the burthen from herself, he absolutely resolved to quit his hands there¬ of. 5. And hereupon went over unto the Lord Treasurer’s chambers, together with Mr. Vice-chamberlain Hatton, and in his pre¬ sence restored the same into the hands of the said Lord Treasurer, of whom he had before received it; who from thenceforth kept it till himself and the rest of the Coun¬ cil sent it away. Which, in substance and truth, is all the part and interest the said Davison had in this cause, whatsoever is or may be pre¬ tended to the contrary. Touching the sending down thereof unto the Commissioners, that it was the general act of her Majesty’s Council (as is before u 290 APPENDIX TO mentioned), and not any private act of his, may appear, 1. Their confessions; 2. Their letters sent down therewith to the Commissioners; 3. The testimony of the Lords and others to whom they were directed, as also of 4. Mr. Beale, by whom they were sent; 5. The tenor of her Majesty’s first com¬ mission for their calling to the Star Chamber for the same, and private appearance and submission afterwards instead thereof before the Lord Chancellor Bromley; 6. The confession of Mr. Attorney Gene¬ ral in open court, confirmed 7- By the sentence itself upon record; 8. Besides a common act of Council, con¬ taining an answer to be verbally delivered to the Scottish Ambassadors then remaining here, avowing and justifying the same. Now, where some suppose him to have given some extraordinary furtherance there¬ unto, the contrary may evidently appear by 1. His former absolute refusal to sign the band of association, being earnestly pressed thereunto by her Majesty herself; LIFE OF W, DAVISON. 291 2. His excusing of himself from being used as a Commissioner in the examination of Babington and his accomplices, and avoid¬ ing the same by a journey to Bath ; 3. His being a means to stay the Commis¬ sioners from pronouncing of the sentence at Fotheringay, and deferring it till they should return to her Majesty’s presence ; 4. His keeping the warrant in his hands six weeks unpresented, without once offering to carry it up till her Majesty sent expressly for the same to sign ; 5. His deferring to send it away after it was sealed unto the Commissioners, as he was specially commanded, staying it all that night, and the greatest part of the next day, in his hands; 6. And, finally, his restoring thereof into the hands of the Lord Treasurer, of whom he had before received the same. Which are clear and evident proofs that the said Davison did nothing in this cause whatsoever contrary to the duty of the place he then held in her Majesty’s service. Indorsed, ‘‘The Innocencye of Mr. Da¬ vison in the Cause of the late Scottish Queen.” u 2 APPENDIX E. Copied from the Harleian MSS. 4ip. f. l6S. Articles ministered the \2th of March to Mr. Davison by Mr. Vice-chamberlain and Mr. TVolley. 1. Whether upon the signing of the war¬ rant her Majesty gave it not in express charge and commandment unto you to keep the same secret, and not to utter it to any body ? 2. Whether her Majesty commanded you to pass it to the great seal ? 3. Whether when it was passed the great seal, her Majesty charged you not on your life not to let it go out of your hands until you knew her further pleasure ? 4. Whether her Majesty ever willed or commanded you to deliver it to any body, or to cause it to be executed ? LIFE OF W. DAVISON. 293 5. Whether six or seven days after it was passed the great seal and in your custody, her Majesty told you not in the gallery that she had a better way to proceed therein, than that which was before advised ? 1. To the first he answereth, that he liopeth her Majesty doth not forget how she commanded my Lord Admiral to send for him to bring the warrant unto her, having, as his Lordship told me, resolutely determined to go through with the execution : that upon my coming to her it pleased her to call for the warrant and voluntarily to sign it, with¬ out giving me any such commandment as is objected, which he affirmeth in the presence of God. 2. To the second, he trusteth that her Majesty in her princely and good nature will not deny to have given him express order to carry it to the seal, and how she willed it should be forthwith dispatched ; whereupon, he offering to have gone to my Lord Chan¬ cellor the same forenoon it was signed, she commanded him to go in the afternoon, be¬ cause of some other business he had, which he did accordingly: so as it was between five 294 APPENDIX TO and six o’clock at night ere he was with my Lord Chancellor, so as my Lord Admiral knowing it by the occasion above remem¬ bered, and my Lord Chancellor by her Ma¬ jesty’s express commandment, besides, that at the same time it pleased her Majesty to give him order to impart in his way to Mr. Secretary Walsingham, as her Majesty may best remember, he hopeth there shall appear no cause of any such commandment to conceal it, and not to utter it to any, as is objected. 3. To the third, he protesteth before God he neither remembereth nor received any such commandment given him, for if he had, he would not have concealed it from my Lords that joined in sending down the said commission. 4. Fourthly, he answereth, that as her Ma¬ jesty did not expressly will him to deliver it to any body, so did he never understand her Majesty’s meaning to be other than to have it proceeded in, considering the hourly danger she lived in, and how much, there¬ fore, it importeth herself and state, besides other reasons too long to be here re¬ hearsed. LIFE OF W. DAVISON. 295 5. To the fifth, he remembereth that upon some letters received from Mr. Paulet, her Majesty falling into some complaint of him upon such cause as she best knowetli, she uttered such a speech that she would have matters otherwise done, the particulars whereof I leave to her best remembrance. On the 14th March Davison was further questioned. Interrogatories the 14 t/i March, 1586. 1. Did not her Majesty after the com¬ mission passed [remark] unto you how great a charge the same was then remaining in your custody, and how needfully you ought to look to the safe and secret keeping thereof, and that the same should remain until some further or other occasion did require ? 2. Did you not answer, upon your life and faith, that nothing should be done therewith without her princely pleasure first known, and that with all care you would look to the matter as appertained, accord¬ ing to her gracious admonition ? To the first he answereth, in all duty and reverence under her Majesty’s favour, that 296 APPENDIX TO he never received any such charge from her Highness to his remembrance, as he shall answer before the living God. To the second he saith, that after the bill was signed, and himself directed from her Majesty to carry it to the seal, willing him it should be secretly used, he promised her Majesty to do it with that care and secrecy that appertained, which is all he doth or can remember touching that purpose, as he protesteth before God. Interrogatories the 1 6th of March, 1586. 1. Did not her Majesty upon signing of the warrant tell you that she committed a matter of high trust unto you, and such as was rare to be committed to a man of no longer.than you were of, charging you to keep it secret, and carefully for that she minded to use it according to her plea¬ sure, and what answer made you thereunto? 2. Did you not then pray her Majesty, that for certain respects which you then al¬ leged, you might open the same to Mr. Secretary Walsingham, and did not her Ma¬ jesty give you leave so to do ? 3. Did not her Majesty, the next day LIFE OF W. DAVISON. 297 after the signing of the warrant, send to have stayed it from the seal ? And when you told her it was already passed the great seal, did not her Majesty then give you a more straight charge than before, to use greater care and circumspection in the safe and se¬ cret keeping of it ? 4. Did not my Lord Treasurer in her Ma¬ jesty’s presence and hearing, before the sign¬ ing of the warrant, find fault with you that you brought not the warrant to be signed by her Majesty; and did he not say it was good to have it signed, that it might be in readiness whatever should happen; and that her Highness might trust either the Lord Chancellor, or him the said Lord Treasurer, or yourself, or some other, with the secret and careful keeping of it ? 5. Did you not ask her Majesty after the warrant was sealed what you should do with it ? and what was her Majesty’s answer ? 6. How many days kept you the warrant in your hands after the sealing of it ? Whe¬ ther did her Majesty command you to de¬ liver it, or did you make her Majesty privy thereto before ? Or what moved you to keep it so long before you delivered it ? 298 APPENDIX TO 7- Did not her Majesty, five or six days after the signing of the warrant, tell you that she meant to take another course ? 8. Whether have you sent, or caused any to ask, advice and council touching the de¬ gree and quality of your offence, and how far you might be touched by law for the same ? 1. To the first he answereth, as before God, he remembereth no such circumstance or charge as is here objected ; only this he remembereth, that her Majesty directed him to carry it to the seal, willed in general terms that it should be secretly used, wherein he promised her Majesty to take that care that appertained. 2. To the second he protesteth, before the living God, that he remembereth no motion of his own to that effect, but this he re¬ membereth well, that her Majesty -willed him in carrying it to the seal, that by the way he should impart it to Mr. Secretary Walsingham, because, as she was pleased merrily to say, she thought the grief thereof would kill him, or in like words, with some other commandment to him, which he hum- LIFE OF W. DAVISON. 299 bly leaveth to her Majesty’s best remem¬ brance. 3. To the third he confessedly that the next morning after the warrant was sealed, being at his house in London, Mr. William Killegrew came unto him with this message from her Majesty, that if he had not been with my Lord Chancellor he should stay till he heard further from her: to whom he gave this general answer, that he would be at the court as soon as himself, and give her Majes¬ ty an account of what he had done, where¬ upon, repairing to her Majesty immediately upon his return to the Court, her Highness asked him whether he had been with my Lord Chancellor? He answered, he had been with him the night before, and passed the warrant under the seal according to her di¬ rection ; whereupon she asked what needed that haste ? Whereto he answered, that he had done no more than fulfil her pleasure and commandment, in a matter which as he thought was not to be dallied with, and so left her to his conceit very well satisfied. 4. To the fourth, he doth remember that certain days before the signing of the war¬ rant he was in her Majesty’s presence, re- 300 APPENDIX TO proved for not bringing it up with him to be signed; but whether my Lord Tresurer used any such speech as is here set down, he doth not in truth remember. 5. To the fifth, he doth unfeignedly pro¬ test that he never moved any such question to his remembrance, as he made no doubt of her Majesty’s meaning to have it pro¬ ceeded in, after it was once passed under her hand and seal; considering how much it touched her own life, and the safety of her whole kingdom, both which he took to be dear unto her. 6. To the sixth, he sayetli it was signed as he rememberetli on Wednesday morning the first of February, and sealed the same afternoon, about five of the clock. The next day he brought it back to the Court, and on Friday my Lords resolved to send it down to the Earls, the rather in regard of the general tumult and trouble in every part of the realm about the hues and cries, and seditious bruits raised about the Scottish Queen’s escape : the consequence whereof they all greatly doubted. He sayetli also, there was no special commandment given him by her Majesty to deliver it to any par- LIFE OF W. DAVISON. 301 ticular body, neither did lie make her privy to the sending down thereof. 7- To the seventh, lie doth remember that some days after the warrant was sent down, her Majesty, upon the receipt of a letter from Mr. Paulet, had some speech with him to like effect, as that she could have it other¬ wise done : the occasion and circumstances whereof he humbly leaveth to her gracious remembrance. 8. To the eighth, he answeretli, what any friend of his might do for his own satisfying he knoweth not, but that himself ever gave direction to any man to make any such en¬ quiry he denieth, as he that hath the testi¬ mony of a good conscience, to have done nothing willingly that might offend her Ma¬ jesty, whose favour hath been ever as dear unto him as his own life : and so he liopeth that her Majesty, in her princely and gra¬ cious nature, and experience of him in the whole course of his life and service, per¬ formed with all uprightness and integrity, is fully persuaded of him. APPENDIX F. The Arraignment of IVm. Davison (Secre¬ tary of State to Queen Elizabeth) in the Star-Chamber , for Misprision and Con¬ tempt : 30 Eliz. March 28, A. D. 1587- * Before Sir Christopher Wraye, Chief Jus¬ tice of England, who for the time sat as Lord Privy-seal; the Archbishops of Can¬ terbury 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 Mild- may, the Chancellor of the Exchequer; for hearing of a matter of Misprision and Con¬ tempt against Mr. Davison, late one of her * MS. in Caius Coll. Camb. Class A. 1090, 8. p. 267. MS. in the Bodleian Libr. sub. tit Juridici, 7843. 862. p. 235. LIFE OF W. DAVISON. 303 Majesty’s Secretaries, and one of her Privy- Council, by virtue of a Commission to them directed. Whereupon Mr. Popliam, the Queen’s Attorney-general, spake in form following : My Lords, “I am to inform your Lord- ships in her Majesty’s behalf, of a certain great and grevous Contempt and Misprision against Mr. Davison, the prisoner at the bar, late one of her Majesty’s Secretaries. The manifold and sundry practices com¬ mitted by the Scottish Queen are not un¬ known unto your honours, which were of¬ fences in the highest degree, and required to be looked unto with speed. It is well known unto your lordships also that there¬ upon, by earnest entreaty 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 politically neither consented unto, nor denied, esteem¬ ing no clemency in the former, nor wisdom in the latter. Which course she held from the 25th Oct. all Nov. Dec. and Jan. Dur- 304 APPENDIX TO ing which time, most horrible conspiracies against her Majesty’s sacred person Avere contrived, most false rumour that the Scot¬ tish Queen was escaped, spread abroad, and bruited that foreigners were landed for inva¬ sion, all which, for preservation of the Scot¬ tish Queen, and prejudice of ours. Upon these considerations, her Majesty assented to sign the warrant for her execution, by whom such tumults were raised: notwith¬ standing, being moved to mercy by her great wisdom, she thought it necessary to have it in readiness, if any attempts should be begun, and yet not in haste in execute the same : this, so signed, she left with Mr. Davison to carry to the great seal to have it in readiness as aforesaid. And he, after the sealing, and without her Majesty’s com¬ mandments, presented it unto the Lords with¬ out her privity, contemptuously. Notwith¬ standing, 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 execu¬ tion of the Scottish Queen, he said, she held that course still; and upon further question made, said her Majesty would LIFE OF W. DAVISON. 305 not be further troubled with that matter. Whereupon the Lords, seeing no impedi¬ ment, 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 Ma¬ jesty it was sealed already, she asked him what haste ? This act so done by him, he being but a particular counsellor, her Ma¬ jesty 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’ con¬ sideration for punishment thereof.” Davison, with a comely countenance, re¬ plenished with gravity, a fine deliverance of speech, but a voice somewhat low (which he excused by late sickness), discreetly an¬ swered in sort ensuing.—“ My Lords, I am x 306 APPENDIX TO right sorry that an action of this nature, for the honourable proceedings against the Scottish 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 honours with me at this present. But as in all my actions here¬ tofore, I have been most faithful and for¬ ward to do her Majesty’s commandments ; so in this, by your honour’s favour, let me bear the testimony of my conscience, that I have done nothing wittingly or willingly, but as became an honest man. And there¬ fore, first, that I delivered it unto the Lords without her commandment, or against her commandment ; let it be lawful for me with your honours leave 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, LIFE OF W. DAVISON. 307 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 ex¬ press 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 it 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 be¬ fore 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 gra¬ cious 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 x 2 308 APPENDIX TO dear to me than my reputation. I confess I said to some Lords, I took it to be her Ma¬ jesty’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 con¬ testation with her, for it beseems me not, and therefore I submit myself to what pu¬ nishment 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 execu¬ tion, 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 so long as might be. In not contesting with her Ma¬ jesty you observe duty, but by your means LIFE OF W. DAVISON. 309 was a great contempt; and further, she said to you, you should use it with great secrecy.” To which Mr. Davison said, “ I confess itand 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 gra¬ cious 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 offend 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 Lords, 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 310 APPENDIX TO from beyond the seas of her Majesty’s im¬ minent 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 tumults in the realm which moved me, hav¬ ing no express commandment to the con¬ trary, 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 con¬ fessed Mr. Killegrew came unto him, tell¬ ing 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 an¬ swered, “ Though her Majesty commanded me to keep it secret, and I told the Coun¬ cil of it; how can I be thought ill of for that ? For her Majesty bade me expressly shew Mr. Secretary Walsingliam thereof; my Lord Chancellor must needs know it, for as much as he must seal it. And her Majesty made my Lord Admiral privy there¬ unto ; why then might I not make it known LIFE OF W. DAVISON. 311 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 remem¬ ber not that.” The Solicitor replied, it is 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 belioveth me not to say if she gainsay, nei¬ ther could I, as I said, contest against her ; yet let me protest that in my own conceit I have dealt as sincerely, soundly, and ho¬ nestly as any servant could 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.” 312 APPENDIX TO Then spake Gawdie the Queen’s Sergeant, “ My Lords, four things I note that Mr. Davison confesseth ; first, that her Majesty made him use secrecy. Next, the warrant being sealed, Mr. Killegrew was sent imto him, that were it not sealed already, it should not be sealed at all. Thirdly, he con¬ fesseth that her Majesty was content he should shew it to 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 con¬ tempt, indignity, and misprision, for him 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 he 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 re¬ joined, “ Let me have right: it was but privately demanded between my Lord Trea¬ surer and me. I will not speak in excuse, LIFE OF W. DAVISON. 313 but only to answer ; I demand, whether the imparting of it to the Council be such a con¬ tempt : 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 Sergeant, be¬ gan to speak, aggravating Davison’s offence, and forward to accuse, and yet seemed more proforma tantum than of any matter he had to charge him withal, more than had been spoken of before. Whereupon Davison an¬ swered, “ 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, be¬ cause 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 sub¬ mit myself to your honours’ censures.” Then said Mr. Wraye, “ Mr. Davison, to say it was irrevocable, you are deceived, for she might do it at her pleasure.” Then said Mr. Davison, 44 I beseech you, my Lords, make means to her Majesty that I may have 314 APPENDIX TO her favour, for the rest I wave it not.” Whereupon Wraye willed Sir Walter Mild- may to deliver his opinion; who began in form following : “ How honourable her Majesty, our gra¬ cious Sovereign, hath dealt in all justice, is known to all the world, against such trai¬ tors, by whom her life should have been taken away; whereupon should ensue sub¬ version to the whole state, upon the pro¬ ceedings whereof it appeared that the Scot- isli 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 commission to great persons to hear what she could alledge in her defence. And al¬ beit, that upon the hearing thereof she was declared to be guilty, yet none could think execution might be done without her Ma¬ jesty’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 LIFE OF W. DAVISON. 315 contented to hear ambassadors, if they could propound any thing in her defence. After¬ ward followed the proclamation, to notify the proceedings passed unto the people; “ for people,” said he, ‘‘ be desirous to hear of state matters, and I warrant you itch to un¬ derstand what we do here ; herein,” said he, “was justice, mercy, and discretion. After¬ wards, 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 execu¬ tion ; 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 pre^ sinned in so great a matter to have done any thing without her commandment. His of¬ fence,” said he, “ I interpret in two de¬ grees ; an abuse to the trust, and the con- 316 APPENDIX TO tempt: for the first she willed him to tell it Mr. Walsingham, and it is no excuse to say, she forbade you not the rest: for you ought not to have told it unto any but 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. Also your fault is the greater, which you know. Farther, you were near her, and had time convenient to shew her; hereof,” said he, “ hath followed a greater mischief to the Queen’s Majesty, which may turn to all our hindrance, for as much as our welfare depends upon our well¬ doing. Next,” said he, “ hath followed a dishonour to her Majesty, that she having governed this land so long time in all obe¬ dience, a servant of hers in this age should have so small regard. Now for my opinion of the offence, it resteth to consider what pu¬ nishment is behoveful in such a case. Pu¬ nishments in this Court are either corporal or LIFE OF W. DAVISON. 317 pecuniary, pecuniary by fines imposed upon offenders; and corporal, by punishments, and such like. Now,” said he, “ if the fine should be secundum qiLantitatem delicti , I think he should not bear it, for 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. The qualification whereof resteth in them where I doubt not he shall find fa¬ vour ; next he must suffer imprisonment during her Majesty’s pleasure, which must be reserved to her merciful mitigation. And after him spake Manwood, the Chief Baron, who, in the beginning of his tale look 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 betrayed her malice against the crown of this land when she was Queen of France, at which time she made letters patent as Queen of England; she usurped her Majesty’s style, and she quartered the arms of England. Then he descended unto her doings when she was dowager; how she excused her former offences by rea¬ son of coverture; then he delated her mar- 318 APPENDIX TO riage with the Lord Darnly; 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 com¬ mandment 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 commonweal, there a commandment transgressed is a mispri¬ sion.” For example thereof, he cited a case there in that place decided; meaning John Throckmorton’s case, as may be deem¬ ed. “ Also,” said he, “if a sheriff exer¬ cise 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 wherein it ought to be done, that is a misprision. And if a Judge for expedi¬ tion of justice should sit in judgment before the term, that is a misprision. Now,” said he, “ this is a miprision, because you pre¬ vented the time in doing it before you were commanded, although the thing were law- LIFE OF W. DAVISON. 319 ful: for you did Jiistum, but not Juste. Far¬ ther, by naming Mr. Walsingham in spe¬ cialty, it was a secluding the rest in gene¬ rality. 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, where- unto he agreed. After him spoke Anderson, Chief-Justice, who said the proceeding had been honour¬ able, which he would not speak of, being known unto all men, and having been spoken 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 command 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 offence, the words 4 use secrecy,’ and not to cause it to be published or known to any. Then his being one of her Majesty’s Council, the 320 APPENDIX TO fault is bad; and it is the worse, because by her saying 4 what haste,’ he might gather what her intent was. Mr. Davison saith he excuseth it by love to the commonweal, which a man may term blind love, which is no excuse, but it remaineth a contempt, and a contempt is a misprision; and yet is not every misprision a contempt. If a man do a thing without a warrant, it is a con¬ tempt ; and so he concluded this to be a great offence worthy the punishment in¬ flicted upon him, and so ended.” After him spake the Master of the Rolls, agreeing with the censures of them that spoke before, and that Mr. Davison’s great zeal made him forget his duty : also saying, 4 4 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 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 LIFE OF W. DAVISON. 321 he subscribed in opinion to the former judg¬ ment. After him spake the Lord Lumly, 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. And farther, in saying that she was of that mind still, surely you spake without the book, which was a very bold part; for you ought to have told them how doubtful it was ; yet, Sir, you took a worse course, that such a high matter, by your persuasion, 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 of¬ fences, 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 Y 322 APPENDIX TO 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 touch¬ ing 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 exa¬ mination. 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 practiced most horrible treasons against our Sovereign Queen ! such a Queen as con¬ spired the overthrow of the whole state ! yea such a Queen that sought the subversion of Christ’s true religion, to bring our souls headlong to the Devil! So then, my Lords, the taking away such a Queen can no way aggravate his fate. The second circum¬ stance is, his breach of secrecy, which he excuseth, that he told it but to the chief Counsellors : whereas Mr. Walsingham, my Lord Admiral, and Lord Chancellor, either by necessity, or commandment from her LIFE OF W. DAVISON. 323 Majesty, did know it undoubtedly. What¬ soever the Lords before me have thought, his answer in the behalf doth satisfy me, and so I am resolved. For the third point, she asking what haste ? and he afterwards to send it down without her privity, here, even here, is the full proof of the contempt; here is that that causes the offence, which he seemeth to acknowledge ; yet with two con¬ siderations, the first, the seditious tumults within the realm ; the next, advertisements from Ireland and beyond the seas. Now, my Lords, must not these considerations move him rather to put himself in her Ma¬ jesty’s mercy, by dealing without her com¬ mandment, than commit her Majesty to the mercy of her foes by obeying her ? For had that other thing happened (which God for¬ bid), that her Majesty would have miscar¬ ried, and then this warrant, signed and sealed, had been found in Mr. Davison’s hands, wanting nothing but execution, should we not then have judged him a traitor ? Should we not have torn and rent him asun¬ der ? Surely, my Lords, I should then have thought him more worthy of ten thousand deaths, than now of the least punishment that y 2 324 APPENDIX TO may be inflicted upon him ; for each of us, in preservation of our country, ought to lose our lands, our livings, and sacrifice our bodies; liowbeit, I excuse not his offence, neither do I agree it as a contempt, and I agree with the punishment : and yet I think his fault proceeded from a very good zeal he bore unto his country; and I pray God that that peculiar ornament of pity and com¬ passion wherewith her Majesty is singular, maybe so extended towards him that all good subjects, by his example, may neglect their own private hindrance or disgrace in respect of the furtherance of the weal public. After him spake the Earl of Lincoln, who for his opinion thought it was but negli¬ gently done, and not contemptuously; but had it been done in contempt, he would then have thought fine and imprisonment no sufficient punishment for an offence of that quality ; “ yet the offence being as it is, for company,” said he, “ I agree to the fine : but in mine opinion it is too much, saving that I know her Majesty is merciful; and for the rest I agree with my Lord Grey.” The Earl of Cumberland repeated the case, neither aggravating nor denying the offence; LIFE OF W. DAVISON. 325 but briefly concluded, lie agreed in opinion with Sir Walter Mildmay. And the Earl of Worcester said nothing, saving that he was of the same mind with Mr. Chancellor, that spake first. After him spake the Archbishop of York, speaking, as he was, like a Bishop rather than a Judge, to decide a matter which did concern the State ; for he inveighed against Mr. Davison’s offence by places of Scripture; “ Obedience,” said he, “ is the only virtue, and disobedience the contrary; and God re- quireth nothing else but obedience. St. Paul saith, ‘ Let every soul be subject unto the higher powers,’ &c. And when Joshua was appointed Ruler over Israel, the people said, ‘ They would obey him in all things.’ If, then, they ought to obey a Prince in all things, much more in those things which be good. I am sorry,” said he, “ for Mr. Davi¬ son, for he did it neither wittingly nor wil¬ lingly, as I think certainly, but of a good mind to cut off our common enemy : that it was a good deed, must needs be confessed ; but that it was not well done, must needs be granted. To reveal secrets was bad ; for her Majesty imparts not each part of her 326 APPENDIX TO counsel to every Counsellor; so then his offence was a disobedience, and a great fault. He allegethin excuse, I think, a good inten¬ tion, but that excusetli not the fault: for obe- dientia est melior quam sacrificium. And St. Paid saith, JVonf admits malum at hide veniat bonum. Therefore,” said he, “ the offence was great, too dangerous; for, in such a case, one would be twice advised, if he were either honest or wise. Last of all, he con¬ cluded he agreed with the punishment as¬ sessed and so ended his sermon. Then spake the Archbishop of Canter¬ bury, “ That the matter had been opened; first, concerning the doings of the Scottish Queen, whom he thought, living or dead, was ordained to disturb and trouble the State of England. Then concerning Mr. Davison’s offence, albeit,” said he, “ that which is done could be wished to be otherwise done; yet none, I hope, would wish it were un¬ done. Whatsoever he did, in my opinion,” said he, “ he did it in the superabundant zeal of religion unto her Majesty and love to the Commonwealth. These be great ar¬ guments,” said he, “ and yet no excuse; for modus non factum ejjdcit culpam: al- LIFE OF W. DAVISON. 327 though the act were good, yet can I not ex¬ cuse him in the circumstance. Howbeit,” said he, “ the mercy in the Prince in defer¬ ring it was severe; for there is a severe mercy as well as a merciful severity : for it is written, * He slew Og the king of Basan, for his mercy endureth for ever.’ Yet, said he, mercy in a Prince is not to be restrain¬ ed ; and therefore, because the example may be dangerous hereafter, that Counsellors may presume to do without the commandment of the Prince, which is a mischief more intoler¬ able than an inconveniency, therefore I agree to that punishment which is before agreed.” Last of all spake Wraye, Chief Justice, who shewed the cause, and said further, “ that to every contempt a commandment was not necessary, which, in my opinion, was needful to be proved; for,” said he, “ the Bishop of Winchester came to the Parlia¬ ment, and afterwards departed without li¬ cence, and therefore had a grievous fine set upon him. Myself, said he, am a Justice of the King’s Bench ; in the term we hear all matters of treason, by the reason of our office ; and, out of the term, by commission of oyer and terminer, associate with others. 328 APPENDIX TO If,” said he,