Unknown to History: A Story of the Captivity of Mary of Scotland

"Well, Will, for all your mighty word we, you are but the pen in Mr. Secretary's hand, so there is no need to argue the matter with you," said Richard.

The speech considerably nettled Master William, especially as it made Lord Talbot laugh.

"Father!" said Diccon afterwards, "Humfrey tried to warn Mr. Babington that we had seen this Langston, who hath as many metamorphoses as there be in Ovidius Naso, coming privily forth from Sir Francis Walsingham's closet, but he would not listen, and declared that Langston was holding Mr. Secretary in play."

"Deceiving and being deceived," sighed his father. "That is ever the way, my son! Remember that if thou playest false, other men will play falser with thee and bring thee to thy ruin. I would not leave thee here save that the gentlemen pensioners are a more honest and manly sort of folk than yonder gentlemen with their state craft, wherein they throw over all truth and honour as well as mercy."

This conversation took place as the father and son were making their way to a house in Westminster, where Antony Babington's wife was with her mother, Lady Ratcliffe. It had been a match made by Lady Shrewsbury, and it was part of Richard's commission to see and confer with the family. It was not a satisfactory interview. The wife was a dull childish little thing, not yet sixteen; and though she cried, she had plainly never lived in any real sympathy or companionship with her husband, who had left her with her parents, while leading the life of mingled amusement and intrigue which had brought him to his present state; and the mother, a hard-featured woman, evidently thought herself cheated and ill used. She railed at Babington and at my Lady Countess by turns; at the one for his ruinous courses and neglect of her daughter, at the other for having cozened her into giving her poor child to a treacherous Papist, who would be attainted in blood, and thus bring her poor daughter and grandchild to poverty. The old lady really seemed to have lost all pity for her son-in-law in indignation on her daughter's account, and to care infinitely less for the saving of his life than for the saving of his estate. Nor did the young wife herself appear to possess much real affection for poor Antony, of whom she had seen very little. There must have been great faults on his side; yet certainly Richard felt that there was some excuse for him in the mother-in-law, and that if the unfortunate young man could have married Cicely his lot might have been different. Yet the good Captain felt all the more that if Cis had been his own he still would never have given her to Babington.

CHAPTER XXXII

WESTMINSTER HALL

Beneath the noble roof of Westminster Hall, with the morning sun streaming in high aloft, at seven in the morning of the 14th of September, the Court met for the trial of Antony Babington and his confederates. The Talbot name and recommendation obtained ready admission, and Lord Talbot, Richard, and his son formed one small party together with William Cavendish, who had his tablets, on which to take notes for the use of his superior, Walsingham, who was, however, one of the Commissioners.

There they sat, those supreme judges, the three Chief-Justices in their scarlet robes of office forming the centre of the group, which also numbered Lords Cobham and Buckhurst, Sir Francis Knollys, Sir Christopher Hatton, and most of the chief law officers of the Crown.

"Is Mr. Secretary Walsingham one of the judges here?" asked Diccon. "Methought he had been in the place of the accuser."

"Peace, boy, and listen," said his father; "these things pass my comprehension."

Nevertheless Richard had determined that if the course of the trial should offer the least opportunity, he would come forward and plead his former knowledge of young Babington as a rash and weak-headed youth, easily played upon by designing persons, but likely to take to heart such a lesson as this, and become a true and loyal subject. If he could obtain any sort of mitigation for the poor youth, it would be worth the risk.

The seven conspirators were brought in, and Richard could hardly keep a rush of tears from his eyes at the sight of those fine, high-spirited young men, especially Antony Babington, the playfellow of his own children.

Antony was carefully dressed in his favourite colour, dark green, his hair and beard trimmed, and his demeanour calm and resigned. The fire was gone from his blue eye, and his bright complexion had faded, but there was an air of dignity about him such as he had never worn before. His eyes, as he took his place, wandered round the vast assembly, and rested at length on Mr. Talbot, as though deriving encouragement and support from the look that met his. Next to him was another young man with the same look of birth and breeding, namely Chidiock Tichborne; but John Savage, an older man, had the reckless bearing of the brutalised soldiery of the Netherlandish wars. Robert Barnwell, with his red, shaggy brows and Irish physiognomy, was at once recognised by Diccon. Donne and Salisbury followed; and the seventh conspirator, John Ballard, was carried in a chair. Even Diccon's quick eye could hardly have detected the ruffling, swaggering, richly-clad Captain Fortescue in this tonsured man in priestly garb, deadly pale, and unable to stand, from the effects of torture, yet with undaunted, penetrating eyes, all unsubdued.

After the proclamation, Oyez, Oyez, and the command to keep silence, Sandys, the Clerk of the Crown, began the proceedings. "John Ballard, Antony Babington, John Savage, Robert Barnwell, Chidiock Tichborne, Henry Donne, Thomas Salisbury, hold up your hands and answer." The indictment was then read at great length, charging them with conspiring to slay the Queen, to deliver Mary, Queen of Scots, from custody, to stir up rebellion, to bring the Spaniards to invade England, and to change the religion of the country. The question was first put to Ballard, Was he guilty of these treasons or not guilty?

Ballard's reply was, "That I procured the delivery of the Queen of Scots, I am guilty; and that I went about to alter the religion, I am guilty; but that I intended to slay her Majesty, I am not guilty."

"Not with his own hand," muttered Cavendish, "but for the rest—"

"Pity that what is so bravely spoken should be false," thought Richard, "yet it may be to leave the way open to defence."

Sandys, however, insisted that he must plead to the whole indictment, and Anderson, the Chief-Justice of Common Pleas, declared that he must deny the whole generally, or confess it generally; while Hatton put in, "Ballard, under thine own hand are all things confessed, therefore now it is much vanity to stand vaingloriously in denying it."

"Then, sir, I confess I am guilty," he said, with great calmness, though it was the resignation of all hope.

The same question was then put to Babington. He, with "a mild countenance, sober gesture," and all his natural grace, stood up and spoke, saying "that the time for concealment was past, and that he was ready to avow how from his earliest infancy he had believed England to have fallen from the true religion, and had trusted to see it restored thereto. Moreover, he had ever a deep love and compassion for the Queen of Scots. Some," he said, "who are yet at large, and who are yet as deep in the matter as I—"

"Gifford, Morgan, and another," whispered Cavendish significantly.

"Have they escaped?" asked Diccon.

"So 'tis said."

"The decoy ducks," thought Richard.

Babington was explaining that these men had proposed to him a great enterprise for the rescue and restoration of the Queen of Scots, and the re-establishment of the Catholic religion in England by the sword of the Prince of Parma. A body of gentlemen were to attack Chartley, free Mary, and proclaim her Queen, and at the same time Queen Elizabeth was to be put to death by some speedy and skilful method.

"My Lords," he said, "I swear that all that was in me cried out against the wickedness of thus privily slaying her Majesty."

Some muttered, "The villain! he lies," but the kindly Richard sighed inaudibly, "True, poor lad! Thou must have given thy conscience over to strange keepers to be thus led astray."

And Babington went on to say that they had brought this gentleman, Father Ballard, who had wrought with him to prove that his scruples were weak, carnal, and ungodly, and that it would be a meritorious deed in the sight of Heaven thus to remove the heretic usurper.

Here the judges sternly bade him not to blaspheme, and he replied, with that "soberness and good grace" which seems to have struck all the beholders, that he craved patience and pardon, meaning only to explain how he had been led to the madness which he now repented, understanding himself to have been in grievous error, though not for the sake of any temporal reward; but being blinded to the guilt, and assured that the deed was both lawful and meritorious. He thus had been brought to destruction through the persuasions of this Ballard.

"A very fit author for so bad a fact," responded Hatton.

"Very true, sir," said Babington; "for from so bad a ground never proceed any better fruits. He it was who persuaded me to kill the Queen, and to commit the other treasons, whereof I confess myself guilty."

Savage pleaded guilty at once, with the reckless hardihood of a soldier accustomed to look on death as the fortune of war.

Barnwell denied any intention of killing the Queen (much to Diccon's surprise), but pleaded guilty to the rest. Donne said that on being told of the plot he had prayed that whatever was most to the honour and glory of Heaven might be done, and being pushed hard by Hatton, turned this into a confession of being guilty. Salisbury declared that he had always protested against killing the Queen, and that he would not have done so for a kingdom, but of the rest he was guilty. Tichborne showed that but for an accidental lameness he would have been at his home in Hampshire, but he could not deny his knowledge of the treason.

All having pleaded guilty, no trial was permitted, such as would have brought out the different degrees of guilt, which varied in all the seven.

A long speech was, however, made by the counsel for the Crown, detailing the plot as it had been arranged for the public knowledge, and reading aloud a letter from Babington to Queen Mary, describing his plans both for her rescue and the assassination, saying, "he had appointed six noble gentlemen for the despatch of the wicked competitor."

Richard caught a look of astonishment on the unhappy young man's face, but it passed into hopeless despondency, and the speech went on to describe the picture of the conspirators and its strange motto, concluding with an accusation that they meant to sack London, burn the ships, and "cloy the ordnance."

A shudder of horror went through the assembly, and perhaps few except Richard Talbot felt that the examination of the prisoners ought to have been public. The form, however, was gone through of asking whether they had cause to render wherefore they should not be condemned to die.

The first to speak was Ballard. His eyes glanced round with an indomitable expression of scorn and indignation, which, as Diccon whispered, he could have felt to his very backbone. It was like that of a trapped and maimed lion, as the man sat in his chair with crushed and racked limbs, but with a spirit untamed in its defiance.

"Cause, my Lords?" he replied. "The cause I have to render will not avail here, but it may avail before another Judgment-seat, where the question will be, who used the weapons of treason, not merely against whom they were employed. Inquiry hath not been made here who suborned the priest, Dr. Gifford, to fetch me over from Paris, that we might together overcome the scruples of these young men, and lead them forward in a scheme for the promotion of the true religion and the right and lawful succession. No question hath here been put in open court, who framed the conspiracy, nor for what purpose. No, my Lords; it would baffle the end you would bring about, yea, and blot the reputation of some who stand in high places, if it came to light that the plot was devised, not by the Catholics who were to be the instruments thereof, nor by the Lady in whose favour all was to be done,—not by these, the mere victims, but by him who by a triumph of policy thus sent forth his tempters to enclose them all within his net—above all the persecuted Lady whom all true Catholics own as the only lawful sovereign within these realms. Such schemes, when they succeed, are termed policy. My Lords, I confess that by the justice of England we have been guilty of treason against Queen Elizabeth; but by the eternal law of the justice of God, we have suffered treachery far exceeding that for which we are about to die."

"I marvel that they let the fellow speak so far," was Cavendish's comment.

"Nay, but is it so?" asked Diccon with startled eyes.

"Hush! you have yet to learn statecraft," returned his friend.

His father's monitory hand only just saved the boy from bursting out with something that would have rather astonished Westminster Hall, and caused him to be taken out by the ushers. It is not wonderful that no report of the priest's speech has been preserved.

The name of Antony Babington was then called. Probably he had been too much absorbed in the misery of his position to pay attention to the preceding speech, for his reply was quite independent of it. He prayed the Lords to believe, and to represent to her Majesty, that he had received with horror the suggestion of compassing her death, and had only been brought to believe it a terrible necessity by the persuasions of this Ballard.

On this Hatton broke forth in indignant compassion,—"O Ballard! Ballard! what hast thou done? A sort of brave youth, otherwise endowed with good gifts, by thy inducement hast thou brought to their utter destruction and confusion!"

This apparently gave some hope to Babington, for he answered—"Yes, I protest that, before I met this Ballard, I never meant nor intended for to kill the Queen; but by his persuasions I was induced to believe that she being excommunicate it was lawful to murder her."

For the first time Ballard betrayed any pain. "Yes, Mr. Babington," he said, "lay all the blame upon me; but I wish the shedding of my blood might be the saving of your life. Howbeit, say what you will, I will say no more."

"He is the bravest of them all!" was Diccon's comment.

"Wot you that he was once our spy?" returned Cavendish with a sneer; while Sir Christopher, with the satisfaction of a little nature in uttering reproaches, returned—"Nay, Ballard, you must say more and shall say more, for you must not commit treasons and then huddle them up. Is this your Religio Catholica? Nay, rather it is Diabolica."

Ballard scorned to answer this, and the Clerk passed on to Savage, who retained his soldierly fatalism, and only shook his head. Barnwell again denied any purpose of injuring the Queen, and when Hatton spoke of his appearance in Richmond Park, he said all had been for conscience sake. So said Henry Donne, but with far more piety and dignity, adding, "fiat voluntas Dei;" and Thomas Salisbury was the only one who made any entreaty for pardon.

Speeches followed from the Attorney-General, and from Sir Christopher Hatton, and then the Lord Chief Justice Anderson pronounced the terrible sentence.

Richard Talbot sat with his head bowed between his hands. His son had begun listening with wide-stretched eyes and mouth, as boyhood hearkens to the dreadful, and with the hardness of an unmerciful time, too apt to confound pity with weakness; but when his eye fell on the man he had followed about as an elder playmate, and realised all it conveyed, his cheek blanched, his jaw fell, and he hardly knew how his father got him out of the court.

There was clearly no hope. The form of the trial was such as to leave no chance of escape from the utmost penalty. No witnesses had been examined, no degrees of guilt acknowledged, no palliations admitted. Perhaps men who would have brought the Spanish havoc on their native country, and have murdered their sovereign, were beyond the pale of compassion. All London clearly thought so; and yet, as Richard Talbot dwelt on their tones and looks, and remembered how they had been deluded and tempted, and made to believe their deed meritorious, he could not but feel exceeding pity for the four younger men. Ballard, Savage, and Barnwell might be justly doomed; even Babington had, by his own admission, entertained a fearfully evil design; but the other three had evidently dipped far less deeply into the plot, and Tichborne had only concealed it out of friendship. Yet the ruthless judgment condemned all alike! And why? To justify a yet more cruel blow! No wonder honest Richard Talbot felt sick at heart.

CHAPTER XXXIII

IN THE TOWER

"Here is a letter from Mr. Secretary to the Lieutenant of the Tower, Master Richard, bidding him admit you to speech of Babington," said Will Cavendish. "He was loath to give it, and nothing but my Lord Shrewsbury's interest would have done it, on my oath that you are a prudent and discreet man, who hath been conversant in these matters for many years."

"Yea, and that long before you were, Master Will," said Richard, always a little entertained by the young gentleman's airs of patronage. "However, I am beholden to you."

"That you may be, for you are the only person who hath obtained admission to the prisoners."

"Not even their wives?"

"Mrs. Tichborne is in the country—so best for her—and Mrs. Babington hath never demanded it. I trow there is not love enough between them to make them seek such a meeting. It was one of my mother's matches. Mistress Cicely would have cleaved to him more closely, though I am glad you saw through the fellow too well to give her to him. She would be a landless widow, whereas this Ratcliffe wife has a fair portion for her child."

"Then Dethick will be forfeited?"

"Ay. They say the Queen hath promised it to Raleigh."

"And there is no hope of mercy?"

"Not a tittle for any man of them! Nay, so far from it, her Majesty asked if there were no worse nor more extraordinary mode of death for them."

"I should not have thought it of her."

"Her Majesty hath been affrighted, Master Richard, sorely affrighted, though she put so bold a face upon it, and there is nothing a woman, who prides herself on her courage, can so little pardon."

So Richard, sad at heart, took boat and ascended the Thames for his melancholy visit. The gateway was guarded by a stalwart yeoman, halbert in hand, who detained him while the officer of the guard was called. On showing the letter from Sir Francis Walsingham, Mr. Talbot was conducted by this personage across the first paved court to the lodgings of the Lieutenant under so close a guard that he felt as if he were about to be incarcerated himself, and was there kept waiting in a sort of guard-room while the letter was delivered.

Presently the Lieutenant, Sir Owen Hopton, a well-bred courteous knight, appeared and saluted him with apologies for his detention and all these precautions, saying that the orders were to keep a close guard and to hinder all communication from without, so that nothing short of this letter would have obtained entrance for the bearer, whom he further required to set down his name and designation in full. Then, after asking how long the visitor wished to remain with the prisoners—for Tichborne and Babington were quartered together—he called a warder and committed Mr. Talbot to his guidance, to remain for two hours locked up in the cell.

"Sir," added Sir Owen, "it is superfluous to tell you that on coming out, you must either give me your word of honour that you convey nothing from the prisoners, or else submit to be searched."

Richard smiled, and observed that men were wont to trust his word of honour, to which the knight heartily replied that he was sure of it, and he then followed the warder up stone stairs and along vaulted passages, where the clang of their footsteps made his heart sink. The prisoners were in the White Tower, the central body of the grim building, and the warder, after unlocking the door, announced, with no unnecessary rudeness, but rather as if he were glad of any comfort to his charges, "Here, sirs, is a gentleman to visit you."

They had both risen at the sound of the key turning in the lock, and Antony Babington's face lighted up as he exclaimed, "Mr. Talbot! I knew you would come if it were possible."

"I come by my Lord's desire," replied Richard, the close wringing of his hand expressing feeling to which he durst not give way in words.

He took in at the moment that the room, though stern and strong, was not squalid. It was lighted fully by a window, iron-barred, but not small, and according to custom, the prisoners had been permitted to furnish, at their own expense, sufficient garniture for comfort, and as both were wealthy men, they were fairly provided, and they were not fettered. Both looked paler than when Richard had seen them in Westminster Hall two days previously. Antony was as usual neatly arrayed, with well-trimmed hair and beard, but Tichborne's hung neglected, and there was a hollow, haggard look about his eyes, as if of dismay at his approaching fate. Neither was, however, forgetful of courtesy, and as Babington presented Mr. Talbot to his friend, the greeting and welcome would have befitted the halls of Dethick or Tichborne.

"Sirs," said the young man, with a sad smile irradiating for a moment the restless despair of his countenance, "it is not by choice that I am an intruder on your privacy; I will abstract myself so far as is possible."

"I have no secrets from my Chidiock," cried Babington.

"But Mr. Talbot may," replied his friend, "therefore I will only first inquire whether he can tell us aught of the royal lady for whose sake we suffer. They have asked us many questions, but answered none."

Richard was able to reply that after the seclusion at Tixall she had been brought back to Chartley, and there was no difference in the manner of her custody, moreover, that she had recovered from her attack of illness, tidings he had just received in a letter from Humfrey. He did not feel it needful to inflict a pang on the men who were to die in two days' time by letting them know that she was to be immediately brought to trial on the evidence extracted from them. On hearing that her captivity was not straitened, both looked relieved, and Tichborne, thanking him, lay down on his own bed, turned his face to the wall, and drew the covering over his head.

"Ah!" sighed Babington, "is there no hope for him—he who has done naught but guard too faithfully my unhappy secret? Is he to die for his faith and honour?"

"Alas, Antony! I am forbidden to give thee hope for any. Of that we must not speak. The time is short enough for what needs to be spoken."

"I knew that there was none for myself," said Antony, "but for those whom—" There was a gesture from Tichborne as if he could not bear this, and he went on, "Yea, there is a matter on which I must needs speak to you, sir. The young lady—where is she?"—he spoke earnestly, and lowering his voice as he bent his head.

"She is still at Chartley."

"That is well. But, sir, she must be guarded. I fear me there is one who is aware of her parentage."

"The Scottish archer?"

"No, the truth."

"You knew it?"

"Not when I made my suit to her, or I should never have dared to lift my eyes so far."

"I suppose your knowledge came from Langston," said Richard, more perturbed than amazed at the disclosure.

"Even so. Yet I am not certain whether he knows or only guesses; but at any rate be on your guard for her sake. He has proved himself so unspeakable a villain that none can guess what he will do next. He—he it is above all—yea, above even Gifford and Ballard, who has brought us to this pass."

He was becoming fiercely agitated, but putting a force upon himself said, "Have patience, good Mr. Talbot, of your kindness, and I will tell you all, that you may understand the coilings of the serpent who led me hither, and if possible save her from them."

Antony then explained that so soon as he had become his own master he had followed the inclinations which led him to the church of his mother and of Queen Mary, the two beings he had always regarded with the most fervent affection and love. His mother's kindred had brought him in contact with the Roman Catholic priests who circulated in England, at the utmost peril of their lives, to keep up the faith of the gentry, and in many cases to intrigue for Queen Mary. Among these plotters he fell in with Cuthbert Langston, a Jesuit of the third order, though not a priest, and one of the most active agents in corresponding with Queen Mary. His small stature, colourless complexion, and insignificant features, rendered him almost a blank block, capable of assuming any variety of disguise. He also knew several languages, could imitate different dialects, and counterfeit male and female voices so that very few could detect him. He had soon made himself known to Babington as the huckster Tibbott of days gone by, and had then disclosed to him that Cicely was certainly not the daughter of her supposed parents, telling of her rescue from the wreck, and hinting that her rank was exalted, and that he knew secrets respecting her which he was about to make known to the Queen of Scots. With this purpose among others, Langston had adopted the disguise of the woman selling spars with the password "Beads and Bracelets," and being well known as an agent of correspondence to the suite of the captive Queen, he had been able to direct Gorion's attention to the maiden, and to let him know that she was the same with the infant who had been put on board the Bride of Dunbar at Dunbar.