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A37340 A brief history of the life of Mary, Queen of Scots, and the occasions that brought her and Thomas, Duke of Norfolk, to their tragical ends shewing the hopes the Papists then had of a Popish successor in England, and their plots to accomplish them : with a full account of the tryals of that Queen, and of the said Duke, as also the trial of Philip Howard, Earl of Arundel : from the papers of a secretary of Sir Francis Walsingham / now published by a person of quality. M. D.; Walsingham, Francis, Sir, 1530?-1590. 1681 (1681) Wing D57; ESTC R8596 76,972 72

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as in bewraying my dreary Tragedy should lamentably bewail my fall and somewhat no doubt move you to compassion but sith hence there is no proportion betwixt the quantity of my crime and any humane consideration shew sweet Queen some miracle upon a wretch that lieth prostrate in your prison most grievously bewailing his offence and imploring such comfort at your anointed hands as my poor Wives misfortune doth beg my Childs innocency doth crave my guiltless Family doth wish and my heinous treachery doth less deserve so shall your divine Mercy make your glory shine as far above all Princes as my most horrible practises are detestable amongst your best Subjects whom that you may long live and happily govern I beseech the Mercy-maker to grant for his sweet Son's sake Jesus Christ Your Majesties unfortunate because disloyal subject Anthony Babington A Letter written by Chidiocke Tuchborne the night before he died unto his Wife as followeth viz. 1586. MOst loving Wife I commend me unto thee and desire God to bless Tuchborne's Letter to his Wife thee with all happiness Pray for thy dead Husband and be of good comfort for I hope in Jesus Christ this morning to see the face of my Maker and Redeemer in the most joyful Throne of his Kingdom Commend me to all my friends and desire them to pray for me and in all Charity to pardon me if I have offended them commend me to my Six Sisters poor desolate souls advise them to serve God for without him no goodness is to be expected were it possible my little Sister Bab. the darling of my care might be brought up and bred by thee God would reward thee But I do thee wrong I confess that hast by my dissolute negligence so little for thy self to add further charge unto thee Dear Wife forgive me that have by this means so much impoverished thy fortunes Patience and pardon good Wife I crave make of these our necessities a vertue and lay no further burthen upon my neck than already hath been There be certain debts which I owe and because I know not the order of the Law sithence it hath taken from me all forfeited by course of my offence to her Majesty I cannot advise you to benefit me herein But if there fall out wherewith let them be discharged for Gods sake I will not that you trouble your self with these matters my own heart but make it known to my Uncles and desire them for the honour of God and ease of their Nephews soul to take care of them as they may and especial care of my Sisters bringing up the burden whereof is now laid upon them Now sweet Chick what is left for me to bestow on thee a small Joynture a slender recompence for thy deservings These Legacies following be thy own God of his goodness give thee grace always to remain his true and faithful servant and that through the merits of his most blessed and bitter Passion thou maist become inheritrix of his Kingdom with the blessed woman in Heaven Jesus give thee of his fear and to his glory all the benefits of this Transitory life the Holy Ghost bless thee with all necessaries for the weal of thy soul in the world to come where till it please Almighty God that I meet thee farewel loving Wife farewel the dearest to me on earth farewel By the hand from the heart of thy most loving faithful Husband Chidiocke Tuchborne Certain Verses which the said Tuchborne the Traitor made of himself in the Tower the night before he suffered death MY prime of Youth is but a frost of Cares Tuchborne's Verses My feast of Joy is but a dish of Pain My Crop of Corn is but a field of Tares And all my good is but vain hope of Gain The day is fled and yet I saw no Sun And now I live and now my life is done The Spring is past and yet it hath not sprung The Fruit is dead and yet the Leaves are green My Youth is past and yet I was but young I saw the world and yet I was not seen My Thred is cut and yet it is not spun And now I live and now my life is done I sought for Death and found it in my Womb I look't for Life and saw it was a shade I trod the ground and knew it was my Tomb And now I die and now I am but made The Glass is full and yet my Glass is run And now I live and now my life is done The Examination of Ballard a Priest Babington Savidge Barnwell Tuchborn Tylney and Abbington all executed for High-Treason in Holborn-fields upon a large Scaffold made with a high pair of Gallows as by their own Confessions may appear and their several speeches at the place of Execution the 20th of September 1586. JOHN Ballard the Priest confest that he had been a dealer in those matters September 20. 1586. and that he was guilty of those things whereof he was Condemned 1. Ballard which he protested was never enterprised by him upon any hope of preferment but only as he said for the advancement of true Religion He craved pardon and forgiveness of all persons to whom his doings had been any scandal and so he made an end making his prayers to himself in Latin not asking her Majesty forgiveness otherwise than if he had offended and so was executed Anthony Babington Esq also confessed that he was come to die as he had deserved howbeit he as Ballard before protested that he was not 2. Babington led into those Actions upon hope of preferment or for any temporal respect nor had ever attempted them but that he was perswaded by reasons alledged to this effect That it was a deed lawful and meritorious He craved forgiveness of all whom he had any way offended he would gladly also have been resolved whether his lands should have been confiscate to her Majesty or whether they should descend to his brother But howsoever his request was to the Lords and others the Commissioners there present that consideration might be had of one whose money he had received for lands which he had passed no Fine for for which the conveyance was void in Law he requested also that consideration might be had of a certain servant of his whom he had sent for certain Merchandise into the East Countries who by his means was greatly impoverished for his Wife he said she had good friends to whose consideration he would leave her And thus he finished asking her Majesty forgiveness and making his prayers in Latin and so was executed John Savidge Gent. confessed his guilt and said as the other two before that he did attempt it for that in Conscience he thought it a deed meritorious 3. Savidge and a common good to the weal publick and for no private preferment and so was executed Robert Barnwell Gent. confessed that he was made acquainted with their drifts but denied that ever he consented or could
tending to the hurt of her Majesties Royal Person by any person or with the privity of any person that shall or may pretend Title to the Crown of this Realm THAT then by her Majesties Commission under her Great Seal the Lords and other of her Highnesses Privy Council and such other Lords of Parliament to be named by her Majesty as with the said Privy Council shall come up to the number of four and twenty at the least having with them for their assistance in that behalf such of the Judges of the Courts of Record at Westminster as her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by vertue of the Act have Authority to Examine all and every the offences aforesaid and all circumstances thereof and thereupon to give sentence or judgment as upon good proof the matter shall appear unto them And that after such sentence or judgment given and declaration thereof made and published by her Majesties Proclamation under the Great Seal of England all persons against whom such sentence or judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all her Highnesses Subjects shall and may lawfully by vertue of this Act and her Majesties direction in that behalf by all forcible and possible means pursue to death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked act attempted or other thing compassed or imagined against her Majesties Person and all their Aiders Comforters and Abettors And if any such detestable act shall be executed against her Highness most Royal Person whereby her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by vertue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or any other her Highnesses Dominions any former Law or Statute to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other her Majesties Dominions shall and may lawfully by vertue of this Act by all forceable and possible means pursue to the death every such wicked person by whom or by whose means any such detestable fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any assenting or privy to the same and all their aiders comforters and abettors in that behalf And to the end that the intention of this Law may be effectually executed if her Majesties Life be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid that the Lords and others which shall be of her Majesties Privy-Council at the time of such her decease or the more part of the same Council joyning unto them for their assistance Five other Earls and Seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of her Majesties death or in default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of her Highnesses decease to supply their places or any Four and Twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy-Council shall to the uttermost of their power and skill examine the cause and maner of such her Majesties death and what persons shall be any way Guilty thereof and all circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forceable and possible means prosecute to death all their Alders and Abettors and for the doing thereof and for the withstanding and suppressing all such power and force as shall be any way levied or stirred in disturbance of the due execution of this Law shall by vertue of this Act have power and authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied and stirred in disturbance of the due execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the effect and true meaning of the same that then every such person shall by vertue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further enacted by the Authority aforesaid That all and every the Subjects of all her Majesties Realms and Dominions shall to the uttermost of their power aid and assist the said Council and all other the Lords and other persons to be adjoyned to them for assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor hereof any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one uniform manner of writing under their hands and Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious actions and attempts against her Majesties most Royal Person Now for the full explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any Sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it declared and enacted by the Authority of this present Parliament that the same Association and every Article and Sentence therein contained as
day sent him a Countermand but he then acquainted her Majesty that the Commission was already made and pass'd the Seal at which the Queen appear'd angry and blam'd him for his haste And indeed he had Communicated the business to several of the Council and perswaded them who were apt enough to believe what they desired that the Queen Commanded that it should be put in Execution without delay And so having obtain'd such Warrant and Commission they without her Majesties privity sent down one Beal with Authority directed to the Earls of Shrewsbury Kent Darby and others to see her Executed Which was perform'd accordingly The Manner and Circumstances whereof the Reader may find in the ensuing Narrative She was put to Death the 18th of February 1587. in the Six and fortieth year of her Age and 18th of her Confinement her Body being Honourably Buried in the Cathedeal of Peterborough and from thence afterwards removed by her Son King Jame's and laid under a Royal Monument in King Henry the Seventh's Chappel at Westminster Variously was this Action censur'd and I shall only say That though the Physick was violent and extraordinary yet it wrought a Cure and preserv'd the Body-politick from those Domestick Paroxisms of Treason and Rebellion that before daily disturb'd and endanger'd it for we do not find after that any or at least very few Conspiracies carried on against the Queens Life or the Government though she lived afterwards between 14 and 15 years For the Spanish Invasion though it happened two years after was not only a thing Foreign but Contriv'd and Design'd before the Queen of Scots Death And as for the Proceedings against the Earl of Arundel the Crimes for which he was prosecuted had their Rise likewise in precedent times For first having been questioned and confined to his House and then set at Liberty he attempted to fly beyond Sea and therefore was Committed to the Tower not only for the same but likewise for Harbouring Priests and Corresponding with Allen and Parsons the Jesuits was fined 10000 Marks and afterwards continuing his Disloyal practises was for the Reasons in the following Papers specified Condemned though by the Queens mercy Reprieved and dyed naturally in the Tower in the year 1595. Two things further I must Remark 1. What a strange Bias and almost prodigious Influence Popery has even on the best dispositions prevailing so far with this unfortunate Earl that even contrary to Nature it self and yet bate but his Religion he is Represented as a good-Natur'd man He rejoyced with hopes of the Ruine of his Countrey 2ly That if you look over the Lists of the Lords Commissionated in these Transactions you will find them to be of great and ancient Houses and though some of their Families have almost ever since been of the Roman perswasion yet they were then so well satisfied with the Proceedings that we meet not with One Voice pronouncing a Not Guilty in all the three Tryals History is one of the best Tutors of Policy whereby the Ingenious will easily perceive how far former Occurrences hold parallel with or may be considered in relation to Modern Affairs THE Reader may be pleas'd to correct the Errata's p. 2. instead of 1588. the year of the Marriage of the Queen of Scots should be 1558. And in other places the Names Gray for Grey Perian for Periam and some other literal mistakes and faults by the Context may easily be rectified or pardoned The whole Discourse of the Duke of Norfolks Arraignement the 17th day of January Anno 1571. in the 14th year of the Raign of our Soveraigne Lady Queen Elizabeth c. FIrst the O yes was made by Littleton a Serjeant at Arms and then Proclamation Cryer Lo. Steward was made as followeth viz. My Lords grace the Queens Majesties Commissioner High Steward of England doth Charge every man to keep silence and hear the Queens Majesties Commission Read The same Commission was read by Mr. Sands Clarke of the Crown of the Kings Bench the Test whereof was the 14th day of February Anno Elizabethoe Sands Reg. 14th then was a large White Rod delivered to my Lord Steward by Garter Principal King at Armes who held the same a while Lo. Steward Garter Norris Serjeant at Armes Call of the Court. and after delivered it to Mr. Norris the Great Vsher who held the same all the time of the Arraignement Then was called Thomas Edwards Serjeant at Armes and willed to return his Writ which being returned was read Then was called all the Earls Vicounts and Barons summoned to appear there that day and every one to answer to their Names the Earls and Lords that sate there that day were these following viz. Earles Vicount Lords 1. Reginald Gray Earl of Kent 2. William Somerset Earl of Worcester 3. Thomas Ratlife Earl of Sussex 4. Henry Hastings Earl of Huntington 5. Ambrose Dudly Earl of Warwick 6. Francis Russel Earl of Bedford 7. William Herbert Earl of Penbroke 8. Robert Dudly Earl of Leicester 9. Edward Seymor Earl of Hartford 10. Walter Devereux Vicount Hereford 11. Edward Fynes Lord Clinton 12. William Howard Lord of Effingham 13. William Cecil Lord Burleigh 14. Arthur Gray Lord Wilton 15. James Blunt Lord Mountjoy 16. William Lord Sands 17. Thomas Lord Wentworth 18. William Lord Borrough 19. Lewis Lord Mordant 20. John Pawlet Lord S. John 21. Robert Lord Rich. 22. Roger Lord North. 23. Edward Lord Chandois 24. Oliver Lord S. John of Bletsoe 25. Thomas Sackvile Lord Buckhurst 26. Lord De-La-Ware Nine Earls One Vicount and Sixteen Lords in all Twenty Six Then was Robert Catlin Chief Justice of England Commanded to return his Precept upon the peril should follow thereof which was returned and read Then was called the Lieutenant of the Tower to return his Lieutenant Duke Precept and to bring forth his Prisoner Thomas Duke of Norfolke Then was the Duke brought to the Bar being held between Sir Owin Hopton on the right hand and Sir Peter Carew on the left hand And next unto Sir Peter stood one holding the Axe of the Tower with the Edge from Axe of the Tower the Duke The Duke immediately at his comming to the Bar viewed all the Lords both on the Right hand and on the left hand of the Lord Steward Then the Lieutenant delivered in the Precept which was Read And then was Proclamation made that every man should keep silence And Mr. Sands spake to the Prisoner in this manner Thomas Duke of Norfolke Proclamation Sands late of Hemming Hall in the County of Norfolke hold up thy Hand which done he Read the Indictment the Effect whereof was That the 26th day of September in the 11th year of the Queens Majesties Reign and before and after he did Traiterously compact and imagine to deprive and destroy and to put to Death our Sovereign Lady the Queen and to raise Rebellion to subvert the Common-Wealth and so stir up Forraigners to invade the