about the Scaffold went a Rail half a Yard high round covered with black Cotton so was her Stool the Boards and the Block and a Pillow to kneel upon There did sit upon the Scaffold the two Earls the Sheriff stood and the two Executiones When they were placed Mr. Beale Clerk of the Council did read her Majesties Commission aforesaid under the great Seal after which the Dean of Peterborough by direction of the Lords being provided began to speak unto her for her better preparation to die as a penitent Christian in the true faith of Christ But when he began his exhortation she staid him immediately refusing to hear him and said she had nothing to do with him nor he with her for she was settled in the Catholick Roman Faith which she would die in Then the Earl of Kent willed Mr. Dean to pray for her that if it might stand with Gods Will she might have her heart lightned with the true knowledg of God and die therein which was pronounced by him accordingly and followed of the beholders All which while she having a Crucifix of white bone between her hands prayed in Latin very loud prayer being ended she kneeled down and prayed to this effect for Christs afflicted Church and an end of their troubles for her Son for the Queens Majesty that she might prosper and serve God and confessed that she hoped to be saved only by the blood of Jesus Christ at the foot of whose Crucifix she would shed her blood that God would avert his plagues from this Island that God would give her grace and forgiveness of her sins Then she rose up and was by both the Executioners disrobed She said she was not wont to be undressed by such Grooms and desired to have two of her Gentlewomen to unrobe her the which was granted and being stripped into her Petticoat which being done she kissed her women and willed them not to cry for her but to rejoice and lifted up her hand and blessed them and also her men not standing far off Then she kneeled down most resolutely without all fear of death and after one of her women had knit a Kerchew before her eyes she spake aloud the Psalm in Latin In te Domine confido non confundor in eternum Justitia tua libera me Then lay she down and stretched out her body and her neck upon the Block she cryed In manus tuus Domine c. and so received two stroaks The people cryed God save the Queen and so perish all Papists and her Majesties enemies All things were taken from the Executioners and not suffered to have so much as the Aprons before they were washed the Blood and Cloaths and whatsoever was bloody was burned in the fire made in the Chimney in the Hall and by the Scaffold The whole discourse of the Arraignment of Philip Howard Earl of Arundel the 18th day of April 1589. and in the 31st year of the Reign of Queen Elizabeth FRom the outward Bar in the Kings-Bench was there a Court made of Thirty Foot square within which was a Table of Twelve Foot square The form of the Scaffold covered with Green Cloth and in the same Court were Benches to sit upon covered with Green Say in the midst of the same Court at the upper end was placed a Cloth of State with a Chair and Cushion for the Lord Steward from the midst of the same Court to the midst of the Hall was built a Gallery for the Prisoner to come upon to the Court in length One Hundred and Ten Foot and in breadth Fifteen Foot and in height from the ground Six Foot railed round about and going down with Seven Steps Between Eight and Nine of the Clock in the morning the Earl of Derby Earl of Derby Lord Steward Lord Steward his Grace entered the Hall attended on by divers Noblemen and Officers Four Serjeants at Arms with their Maces waiting before him next before his Grace the Earl of Oxford Lord great Chamberlain of England My Lord of Derby's Grace being seated in his Chair of State every Nobleman was placed in his degree by Garter King of Heraults At his Graces feet did sit Mr. Winckefield one of her Majesties Gentlemen-Ushers holding a long white Wand in his hand being accompanied with Mr. Norris Serjeant of the Garter Before them did sit Mr. Sands Clerk of the Crown of the Kings-Bench Opposite against my Lord's Grace did sit the Queens Majesties Learned Council viz. 1. Sejeant Puckering 2. Serjeant Shettleworth 3. Mr. Popham the Queens Attorney-General 4. Mr. Edgerton the Queens Solicitor The Names of the Commissioners on the right hand sitting upon a lower Bench under the Lords of the Jury 1. SIR Francis Knowles Knight Treasurer of the Houshold Commissioners on the right hand 2. Sir James Acrofte Knight Controler of the Houshold 3. Sir John Parrat one of her Majesties most Honourable Privy-Council 4. Mr. Woolley Secretary of the Latin tongue of the Privy-Council 5. John Fortescue Master of the Wardrobe and of the Privy-Council 6. Dr. Dale one of the Masters of Request to her Majesty 7. William Fleetwood Serjeant at Law and Recorder of London 8. Mr. Rockby Master of Requests and Master of St. Katherines The Names of the Comissioners on the left hand 9. THE Lord Chief Justice of England 10. The Master of the Rolls Commissioners on the left hand 11. The Lord Chief Justice of the Common Pleas. 12. The Lord Chief Baron of the Exchequer 13. Justice Perryman of the Common Pleas. 14. Justice Gamdy of the Kings Bench. The Serjeant at Arms usually attendant on the Lord Chancellor named Roger Wood was commanded to make on O Yes Three times Roger Wood. Cryer Then Mr. Sands Clerk of the Crown read the Commission And Sir Francis Knowles Knight gave up the Verdict of the great Assize Verdict Then was called Mathew Spencer Serjeant at Arms to return his Precept which was returned and read After that the Noblemen and Peers of the Jury for his Tryal were severally called by their Names as followeth 1. William Lord Burleigh Lord Treasurer of England 2. Edward of Oxford Lord great Chamberlain of England 3. William Lord Marquess of Winchester 4. Henry Earl of Kent 5. Henry Earl of Sussex 6. Henry Earl of Pembrook 7. Edward Earl of Hartford 8. Henry Earl of Lincoln 9. Henry Lord Hundsdon Lord Chamberlain of her Majesties Houshold 10. Peregrin Lord Willoby and Earsby 11. Lord Morley 12. Lord Cobham 13. Arthur Lord Gray 14. Lord Darcy of the North. 15. Lord Sands 16. Lord Wentworth 17. Lord Willoughby of Parham 18. Lord North. 19. Lord Rich. 20. Lord St. John of Bletsoe 21. Lord Buckhurst 22. Lord De La Ware 23. Lord Norris Then the Lieftenant of the Tower was called to return his Precept and to bring forth his Prisoner Philip Earl of Arundel The Earl came into Lieftenant the Hall being in a wrought Velvet Gown furred about with
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 LONDON Printed for Tho. Cockerill at the Sign of the Three Legs in the Poultrey over-against the Stocks-Market 1681. A Preface to the following Tryals giving a brief Hystorical Account of the Life of Mary Queen of Scots and the occasions that brought both Her and the Duke of Norfolk to their Tragical Ends and the Earl of Arundel to his Trial c. IT may seem strange or unseasonable while the Press labours daily with the present Popish Plot to trouble the world with that which concerns only Those that so long ago are past and gone But as there are too many amongst us that question the Reality of the present Conspiracy so there are not a few that deny the Truth of those heretofore Or if they acknowledge any thing either of the Powder-Treason or Babingtons Conspiracy they extenuate the same almost to nothing by alledging that they were attempted by a few Private High-Spirited Gentlemen extreamly provoked with great Injuries and bitter usage which were the only causes of their desperate Resolutions for which they themselves sufficiently suffered and that therefore their Treasons are no more to be filed to the Account of their Church c. But by the following papers I conceive these Evasions will be silenced for thereby it will appear 1. That there was during a great part of Queen Elizabeths Reign a continued Series of Popish Treasons successively though God be blessed unsuccessfully carried on and that not by a few Desperado's but by a great number of persons of the most considerable Fortunes and Abilities of the Roman Catholick Religion 2ly That the main intentive and scope of the said Conspirators as every where they declare was to root out Protestantism and set up Popery unto which Attempts they were chiefly animated by the prospect of an immediate Popish Successor viz. the said Mary Queen of Scots 3ly That the Papists then were to make use of the same Vmbrage as now they do viz. to raise Lyes and Slanders of the Puritans and prerend that they designed Rebellion only to colour their own real Treasons as appears by the Queen of Scots Letter to Babington 4ly That these fatal Councils of the Guises and Popish Priests brought that great Princess who had the misfortune to be led by them to Ruine so that by endeavouring to anticipate the Succession she not only lost it but also her Life These and several other Remarkables which no doubt the Judicious Reader will observe in the perusal occasioned the publication of the ensuing papers at this time 'T is confessed the same are not so exactly taken as the Tryals of the present Age The Ingenious Skill of Speedy and short writing being much improved since those times yet it is evident by the Manuscript that there was no little care and diligence used therein so that nothing material seems to have escaped nor do any Historians give so punctual an Account of the Transactions as these papers which before never saw the Light concerning the Authentickness and Truth of which the Antientness of the hand-writing of the Original might be a sufficient Testimony had we not another more probable Argument which is That they were lately found amongst some Ancient papers that heretofore belonged to a Secretary of Sir Francis Walsingham an eminent Minister of State at that juncture For whose use 't is very credible the same were so curiously collected Besides If any shall be be at the pains to examine them they will find them to agree in the main with the Histories of those times not only with the Learned Cambden and the rest of our own Writers but with the Great Thaunus nay with the Jesuit Strada too But for the satisfaction of those Readers that are not so conversant in History that they may the better understand what they meet with in these Tryals we conceive it will not be unwelcome to prefix a brief Account of the Life and unhappy Fortunes of the Illustrious Mary of Scotland on whose Adventures all these prosecutions did depend wherein we shall impartially state matter of Fact without the Reflections of Buchanan or intollerable flatteries of Causin the Jesuit Mary Queen of Scots was the daughter and sole Legitimate Issue of James the fifth King of Scotland and of Mary his Queen a daughter of the house of Lorrain born in December 1541. she was scarce eight dayes old when the King her Father dyed and the Scottish Nobility being divided into Factions whereof the Family of the Hamiltons and the Earl of Lenox were the respective Heads The one side supported by King Henry the eighth of England and the other by the French King Henry the second she was by her Mother who being a French-woman inclined unto that Kings Interest sent into France about five or six years of Age to learn the Accomplishments of that Court. There she was educated under the French King and the house of Guise her Uncles who being desperate Enemies to the Reformation seasoned her with violent principles against the Protestant Religion she was a Lady very proper and beautiful of a great Wit and Courage beyond her Sex These Advantages and much more several important Reasons of State induced the French King to conclude her a fit Match for his Son the Dauphin For hereby they thought themselves not only sure to unite the Kingdoms of France and Scotland she being Sovereign Queen of the latter as he was Heir apparent to the former but also had a prospect of the Crown of England looking upon this Mary of Scotland as Great Grand-child to King Henry the seventh to be the next Heiress thereunto after Mary who had by this time mounted the English Throne For as for her sister Elizabeth they not only knew her to be one they called an Heretick but also gave out she was Illegitimate and so on both Accounts represented her as uncapable to succeed Hereupon a Marriage was solemnized between the Dauphin and this Princess Apr. 24th 1588. in Nostredam Church at Paris On the 27th of November following Queen Mary of England after a short Reign rendred infamous to all Posterity by the Butcheries committed on Protestants departed this Life And though Elizabeth according to her undoubted Right was with the general consent and applause of the Lords Commons and all the people proclaimed Queen and most happily succeeded her in the Throne yet had the Guises inveigled the French-King into such strong hopes of adjoyning England to the Crown of France by the aforesaid Title of
Such hath been and is the mercifulness of her Majesty whom God long preserve You know I have been long looked for in this present case of mine divers times in this place but by her Majesties Clemency prolonged hitherto It is not common to see a man of my Vocation to be a Speaker Nevertheless I will be brief and gladly shew you the Estate of those offences which my Conscience doth burthen me for I have been found by my Peers worthy of Death whereof I do acquit them for I come not hither to Justifie my self neither yet to charge my Peers with Injustice but rather submit my self to this which God hath prepared for me And thus considering the weakness of my Flesh and Blood that at such time a mans sences will partly fail I do mind to divide my Speeches into three parts desiring you to take it full and whole and not to tear it in pieces And first in dealing in matters temporal towards the Queen of Scots I dealt not as a good Subject for that I made not the Queens Majesty Duke privy thereunto which indeed I confess I ought not so to have done for this offence I was committed to this house pointing to the Tower and upon my humble submission delivered then making promise to the Queens Majesty whom I pray God long to prosper never to deal in those matters again But contrary to my submission and Promise made to the Queens Majesty abusing her Clemency towards me which hath and doth grieve me more than any one thing hath done I dealt in this matter again perfectly for saving my Life and other Causes which I could alledge Here Mr. Sheriff Branch standing by the Duke desired him very courteoussy to make an end as short as might be for the time did spend Sheriff Branch Then the Duke beginning again said it hath been bruited that I took my Oath and received the Sacrament that I should never deal in those matters again which is untrue and yet the Oath too much Now Mr. Christopher one of the Officers hearing these words desired the Duke to be short We are come hither said he to see you put to Execution Christopher and we must not delay while these Speeches pass from you for in this we hazard our Lives Then the Duke said I do not excuse my self but I come to discharge my Conscience and to acquit my Peers and not to complain of any injustice for I have deserved this and more a great deal in that I have abused the Queens Majesties mercy towards me whom once again with Hands lifted up I pray God long to Preserve and Reign over you and that my death may be an end of all troubles and to Augment my fault it is said I had familiarity with evil dealers Indeed I will confess and tell you that I never saw nor never had Conference but once with one Radolph and yet never against the Queens Majesty God is my Judge although many lewd offers and motions were made to me For it is well known I had to do with him by reason I was bound to him by Recognisance for a great sum of Money and for two Letters that came from the Pope I confess I did see them the one Cyphered the other Descyphered I never consented to them neither was I consenting to the late Rebellion in the North notwithstanding I come not hither as unguilty To the second part I know I have not onely been thought to be a Papist a Duke favourer of Papists and a maintainer of them God is my judge before whom I stand lifting up his Eyes I thank God I was never a Papist since I knew what Religion meant but I did always detest Papistry and all the vain Toyes thereof imbracing ever from the bottom of my Heart the true Religion of Jesus Christ trusting by the assurance of my Faith in his blood that is my only Redeemer and Saviour Indeed I must confess that I had Servants and Friends that were Papists But if thereby I have offended Gods Church or any Protestant I desire God and them to forgive me Well now to the Third point wherein I am to shew how much I am bound to the Queens Majesty for her mercifulness towards me in that her Majesty hath promised to be good and gracious to my poor Children I remember good Father Latimer making a Sermon in a more honourable place than this is out of the Pulpit neither do I compare my self to him He said That God did often times take away a good and gracious Prince for the sins and disobedience of his Subjects which God grant not to be in these days but that it will please God to continue and increase her Majesties Years yea until the Worlds end if it be his blessed will and pleasure You have a most gracious Queen as I must needs confess and also Godly Religion therefore look that your Livings and Conversations be answerable to the Religion of Christ that proves you That God may prosper the Prince overthrow the Pope and maintain your Wealth and Quietness Let not my Person good People make my Speech worse they that have Factions I speak not particularly but generally let them beware they be given over betimes seek not to breviate Gods doings lest God prevent yours And then the Sheriff hastening him he turned to the People and embracing Sir Henry Lee said I have and always have had as true a Heart to my Prince Sheriff Sir Henry Lee. Duke as ever any Subject hath had And so Sir Henry Lee staying him by the left Arm he kneeled down and asked the Queens Majesty forgiveness and rising again he embraced Mr. Dean of Pauls with a chearful Countenance and afterwards for the most part shaking those that were on the Scaffold by Mr. Dean of Pauls the hands and desiring them to pray for him amongst the rest the Executioner Executioner did on his knees desire forgivness of his Death who did very Courteously forgive him and put into the hand of the Executioner four Soveraigns of Gold and Eighteen Shillings Six pence of Silver This done the Duke kneeling Money down and the Dean of Pauls with him he made his Prayers to God and reading the 51 Psalm saying on the last Verse saving one which doth say and build up the Walls of Jerusalem he pawsed and said the Walls of England good Lord That Psalm finished he began to read another and at the Seventh Verse of the Psalm he pawsed and said I had almost forgotten but not too late I ask all the World forgiveness and I forgive all the World The Psalm and these words finished and other Prayers he wrote one Prayer Counted in effect a Petition to God that his Faith now at his last hour might not fail and finishing the Prayer in these words in Latine and English saying In manus tuus Domine commendo Spiritum meum Lord into thy Hands I commend my Spirit He
of her Letters do write thus Per le expresse Secretaries Nave Curle Comaundement de la Royen ma Matresse By the special Commandment of the Queen my Mistress Nave and Curle being asked whether it were their Hands she confessed that she knew it to be their Hands and that Curle Queen of Scots Confession was an honest Man but she would not be judged by him and that Nave was the King's Secretary of France and that he had been Secretary to the Cardinal of Guyse But when she said she knew not Babington nor Ballard my Lord Treasurer Lord Treasurer said Madam I will tell you whom you know You know Morgain who hired Parry to kill the Queen and after you knew it you gave him a Pension Madam you give Pensions to Murtherers Then she said He hath lost all for my sake but you give Pentions in Scotland against me to my Son Queen of Scots The Lord Treasurer said The Queen because the Revenues of the Lord Treasurer Crown are diminished giveth the King a Benevolence being her Kinsman The Second Day at her first coming she renewed her Protestation Second Day Queen of Scots saying I am A Sacred and Anointed Queen and ought not to be judged by the Law I am A Free Prince and owe no more to any Prince than they owe to me I come hither for the Justification of my Honour and that which is laid to my charge that I should do against my Sister Her Oration was very long and of many things I like not said she to take this Course though I desire the Catholicks should be delivered out of their Persecution I had rather play the part of Hester than of Judith to pray for my people than to take any other way to deliver my People God forbid that I should deserve to be denied of Jesus Christ before his Father They gave it out that I was of no Religion for there was a time when I tender'd my self but they cared not for my Soul But my Lords when you have done all that you can and put me from that I should have yet you shall not obtain your Cause of Mary Steward And here she wept and blubbered that they could not conceive her speech I desire said she that another Assembly may be called where She wept I may have my Council I appeal to God first who is the Just Judge and She desireth another Assembly to Princes my Allies Here my Lord Treasurer said Madam We have set down your Protestations under a Notaries Hand and we have protested that your Protestation Lord Treasurer be not prejudicial to the Crown of England The Queen said Indeed My Lord you take no Commission but that Queen of Scots may serve your own turn you have done the worst you can I have often offered if I might be at liberty that I would do all duty and labour to quench the Troubles that are made but I could not be heard I was made believe that I should be at liberty and I promised Hostages for my Security my own Son and my Cousin Guise his Son The Lord Treasurer answered it is true the Queen was contented and so was the Council you offered Hostages as you say But it is as true that Lord Treasurer the Lords of Scotland would not consent that the King should come The Queen said But I told you that if I might be at liberty I would Queen of Scots effect it Madam said the Lord Treasurer the Queen shall set you at liberty and you shall seek her destruction for all this practice of your Enlargement Lord Treasurer was nothing else but a Plot against the Queen for even then when it was adoing your Man Morgan hired Parry to kill the Queen Morgan a Traitor hired Parry to kill the Queen Qu. of Scots Ld. Treasurer Qu. of Scots My Lord quoth she you are my Enemy No said my Lord Treasurer I am Enemy to the Queen's Enemies Was it not reported said the Queen of Scots that the Queen of England should never be free from Practices until I were set at liberty and I therefore desired that the occasion might be taken away Then was read a Letter to Mendoza the Spanish Ambassador wherein Mendoza she promised to give the King of Spain the Kingdoms of England and Scotland if her Son would not be reclaimed from that Heresie wherein she said he was misled There was also sent a Letter to Doctor Allin wherein she calleth him Dr. Allin Reverend Father in God and dealeth with him about the Invasion and his Letter to her also There was read her Letters to the Lord Paget Charles Paget and Lord Paget Charles Paget Sir Francis Englefield Sir Francis Englefield In every of which Letters she saith she hath given direction to the Catholicks on this side for a Dispatch Here she being pressed with Truths of the Conspiracy and because her own Man had sworn it she said she thought he made no Conscience of an Qu. of Scots Oath given him Hereat the whole House murmured concerning the giving away the Murmuring of the Lords Kingdom of England to the King of Spain Writing to Mendoza she adviseth him thus Let not this be known for if it should it would be in France the Loss of my Dowry in Scotland the Breach with my Son and in England my total Destruction Here Mr. Sollicitor remembred the Lords that if a Forein Prince had Mr. Sollicitor the Kingdom as she would assign it what should become of their Dignities and Estates Madam said my Lord Treasurer The Succession of the Crown who soever hath it cannot give it to a Forein Prince it must go by the Laws Lo. Treasurer of the Realm to a natural English Man born Your Enemies in Scotland threatned to kill you and Her Majesty said she would then revenge it and so your Life was assured At her first rising up she talked long with the Lord Treasurer coming to She talketh with the Lord Treasurer Mr. Vice-Chamberlain Mr. Secretary and the Earl of Warwick him to his Seat after to Mr. Vice-chamberlain and Mr. Secretary excusing her self to them and used great Insinuations to persuade them She said to the Earl of Warwick that she had heard that he was an Honourable Gentleman desiring him not to believe all things he heard of her and also she desired him to commend her to my Lord of Leicester saying that she wished him good Success in his Affairs To the Judges and Lawyers she To the Judges and Lawyers said I pray God bless me from you you have sore Hands over them that be under you And to Mr. Phillips Thou never readest any good for me and so Mr. Phillips the Lords brake up their sitting on Saturday October 15. 1586. at One of Lds. break up the Clock in the Afternoon and adjourned the Commission to the Star-Chamber The
Martins laid about with Gold Lace and buttoned with Gold Buttons a Black Satten Doublet a pair of Velvet Hose and a long high Black Hat on his head a very tall man looking somewhat Swarth-coloured His Apparel Then was the Earl brought to the Bar with the Axe carryed before him by Mr. Shelton Gent. Porter of the Tower being accompanied with Prisoner brought to the Barr. Sir Owin Hopton Knight Lieftenant of the Tower Sir Drew Drewry Constable of the Tower for the time Mr. Henry Bronkard and others At my Lord of Arundel his coming to the Bar he made two Obeysances to the State and to the Nobles and others there present Then did Mr. Sands Clerk of the Crown say he was Indicted of several Treasons and said unto him Philip Howard Earl of Arundel late of Arundel in the County of Sussex hold up thy hand He held up his hand very high saying Here is as true a mans heart and hand as ever came into this Hall Mr. Sands then read the Indictment THat whereas divers traiterous persons in the parts beyond the Seas being Indictment natural English men viz. Dr. Allen Parsons Champion Mote and divers others have heretofore divers and sundry times with sundry persons as well English men as of other Countries practised to accomplish and bring to pass several dangerous and unnatural Treasons against the Queens Majesty her Royal Person Crown and Dignity viz. to subvert the State invade the Realm to set up Catholick Religion to raise Insurrections c. Amongst which number of unnatural Traitors the Earl of Arundel was well acquainted with that notorious Traitor Dr. Allen by means of Bridges Weston Ithell and other Popish Priests with whom divers times sithence the 20th year of her Majesties Reign he hath had private and secret conference and communication of several Treasons insomuch that the Earl of Arundel did presently dispatch his several Letters by Bridges aforesaid to Dr. Allen to wish him at any hand to do something concerning the Cause Catholick wherein he promised to perform any thing that Dr. Allen should think fit for him to do And whereas the 24th day of April in the 27th year of the Queens Reign he was flying by Sea to Dr. Allen that Arch-Traitor and that the Bishop of Rome and the King of Spain were thereupon solicited by Allen aforesaid to raise war against this Realm And whereas also the Earl of Arundel had understanding of a Bull that Sixtus the fifth Pope of that name had sent into England for the excommunication of her Majesty and for the invading of the Realm c. And that at the Tower the 21st of July in the 30th year of her Majesties Reign he did imagine with other traiterous persons that the Queen was an Heretick and not worthy to govern the Realm and that he did move and procure one William Bennet a Seminary Priest to say Mass for the happy success of the Spanish Fleet whereupon he had Mass and did help to say Mass himself to that purpose And having news of the conflict at Sea betwixt the Spanish Fleet and the English he procured Sir Thomas Gerrard and divers others then Prisoners in the Tower to say Mass with him for the fortunate success of Spain and that he made a prayer specially for that purpose to be daily used and exercised amongst them HEreupon Mr. Sands asked the Earl of Arundel if he were guilty or not guilty of the several Treasons comprised in the said Indictment Sands To this the Earl answered he would fain know whether the several points in the Indictment contained were but one Indictment yea or no. Earl The Judges satisfied him it was but one Indictment and a matter he need not stand upon Judges My Lord vouched a Case in Edw. 3. and in the end said not guilty and was well content to be tryed by his Peers and liked the Tryal well that Earl he should be tryed by such good Noble-men there present that knew his Life He said he had been Prisoner four years and 25 weeks close Prisoner and that he had been sick and weak whereby his memory might fail him and therefore humbly desired my Lord Steward's Grace making Three several Obeysances on both knees that he might be heard to make answer to every particular point My Lord Steward answered that there was no other meaning nor intent Lo. Steward and that he should be heard deliberately Then did Mr. Serjeant Puckering deliver to the Lords of the Jury the Puckering effect of the Indictment and other Evidence at large as followeth First that my Lord had private and secret Conference with Bridges aforesaid Conference with Traytors and divers other Traitors and Seminary Priests and that he had written his Letters to Dr. Allen to find which way he might further the Cause Catholick That he did Fast twenty-four hours and prayed for the happy success of Fasting and Prayer Traitors that should kill the Queen the Spanish Fleet. That Allen and others being arrant Traitors had taken order that in the 22d year of her Majesties Reign there should be 50 men in privy Coats and pocket daggers to kill the Queen and that one Pain and one Elliot were put in trust to perform the same That my Lord was a Catholick and favoured their proceedings My Lord answered he was no Catholick in the 22th year of the Queens Earl Reign That he secretly was flying out of the Realm to Dr. Allen being an His flying out of the Realm Throckmortons Opinion Arch-Traitor which doth argue my Lord to be no good Subject That Throckmorton practising his Treasons by sounding the Ports he did set down in his Catalogue that a South-west wind would serve from Spain to Arundel Castle in Sussex and an Easterly wind from the Low-Countries That in Throckmortons Catalogue of all the names of all the Noblemen and Gentlemen of every Shire that affecteth the Catholicks he began in Sussex and set down the Earl of Arundels Name the first That further one Mott a Priest informed Throckmorton that he was come Mott a Priest over to sound the intents of the Earls of Arundel and Northumberland and others My Lord answered when Mott was in Sussex he never came there but alwayes attended at Court Earl Mr. Puckering said the Traitors have a good Conceit of my Lord of Puckering Arundel in knowing him to be affected to the Catholick Cause It was defined that the Catholick Cause was meer Treason Petro Paulo Rossetto came over to sound Noblemen and Gentlemen in England Then said my Lord how prove you me to be a Traitor in these points Earl Because said Mr. Popham you have confederated with Traitors by desiring Popham Dr. Allen in your Letters to employ you any way that concerned the Cause Catholick because you have been reconciled to the Pope and there was a Law made in the 22d year of this Queen that
whosoever was Reconciled to the Pope from the obedience of the Queens Majesty was in case of Treason My Lord confessed that Bridges did confess him but not reconcile him in Earl any such sort but only for absolution of his sins Mr. Popham charged him that he did once submit himself but Sithence Popham fell from his submission and therefore practised new Treasons He confessed he was acquainted with the Priests and by two of them had been absolved and confessed Earl Sithence which time said Mr. Popham he came to the Church and fell to Popham the Catholick Cause again which he cannot do by their Order unless he be Reconciled My Lord denyed that ever he came to the Church after that time There was a Letter sent to the Queen of Scots by Morgan of France in Commendation of two Priests wherein he saith one of them had reconciled Morgan of France the Earl of Arundel Edmonds a Priest upon Examination said that Reconciliation was odious Edmonds a Priest Earl My Lord said these be but Allegations and Circumstances and that they ought to be proved by two Witnesses It was justified he said once in the Star-Chamber amongst the Lords there assembled concerning a Libel there in Question that whosoever was a Priest or Papist was an arrant Traytor Mr. Popham said it was a discontentment made my Lord a Catholick and Popham not Religion and that he did disguise himself in shadow of Religion There was a Picture shewed that was found in my Lords Trunk wherein Picture was painted a Hand bitten with a Serpent shaking the Serpent into the fire about which was written this Poesie quis contra nos on the other side was painted a Lyon Rampant with his Forces all bloody with this Poesie tamen Leo my Lord said one Wilgrave his man gave him the same with a pair of Hangers for a New years gift One Jonas Meridith being examined c. by way of Communication with a Towns-man who commended my Lord of Arundel for his forwardness Meridith in that he had often observed my Lord at Pauls Cross This Jonas answered that he knew he had often been at Pauls-Cross in the Fore-noon and hath heard a Mass with him at the Charter-house in the afternoon To this my Lord said nothing but seemed to deny it My Lord being examined in the Tower of his sudden going away to Sea Earl he answered to serve the Prince of Parma or whither Dr. Allen should direct him for the Cause Catholick My Lord said also he was going away for fear of some Statute should be made in the 22d of this Queens Reign against the Catholicks in that Parliament and that Dr. Allen advised him that he should not come over if he could tarry here in any safety because he might be the better able to make a Party in England when they came Before my Lords going to Sea he writ a Letter to be given the Queen after he was gone wherein he found fault with her hard dealing in giving countenance to his Adversaries and in disgracing him and that he was discontented with the Injustice of the Realm towards his great Grand-Father his Grand-Father and his Father My Lord said Hollinshead was faulty for setting forth in his Chronicle that his Grand-Father was attainted by Act of Parliament but shewed no Hollinshead cause wherefore He said in his Letter his Grand-Father was condemned for such trifies that the people standing by were amazed at it he found fault also with the proceedings against his Father Whereby 't is apparent said Mr Popham 't was discontentment moved my Lord and not Religion and fearing lest his friends should think amiss of him Popham he left a Copy of his Letter with Bridges a Traytor to be dispersed to make the Catholicks to think well of him for said Mr. Popham being discontented he became a Catholick and being so great a man he became a Captain of the Catholicks which is as much as to be a Captain over Traytors A Counterfeit Letter was made 22 dayes before his going to Sea directed to one Baker at Linne there being no such man abiding wherein was signified A Counterfe it Letter that my Lord was very hardly dealt withal by some of the Council and that he was gone into Sussex and a farther Voyage and that he would come home by Norfolk This was a Counterfeit Letter said Mr. Attorney appointed by my Lord Mr. Attorney to be dispersed to make it known he was discontented Also Allen sent a Letter to the Queen of Scots in Ciphers shewing a great party in England Allen sent my Lord word if he did come over he must take a greater Title than that of Earl upon him and therefore my Lord in this stile To Philip Duke of Norfolk Earl of Arundel Babington in his examination said the Queen of Scots sent him word that the Earl of Arundel was a fit man to be a chief Head for the Catholicks Babington Allen sent word to Rome that the Bull which was last sent over into England Allen. was at the Intercession of a great man in England My Lord said Mr. Popham was one of the principallest and acquainted Popham thus far with Allen Ergo my Lord of Arundel that great man Dr. Allen made a most villanous and slanderous Book which was very hard to be got in which was contained that the Earl of Arundel was a procurer of the last Bull and the procurer of the Invasion also the Bull it self was some part read and the Book was part read also My Lord being charged on his confession being examined why he would be ruled thus by Dr. Allen he excused it by saying that he said he would Earl be ruled by Allen in all things saving in that did concern her Majesty and the State and thereupon appealed to my Lord Chancellor and Sir Walter Mildmay who were not present Sir Christopher Hatton Lord Chancellour The Book aforesaid intended that my Lord was a practiser with Allen about the Invasion Then said my Lord he would serve the Queen against all Princes Pope Earl or Potentates whatsoever The Queens Sollicitor stood upon these points and because it was proved Mr. Sollicitor that the Earl of Arundel would be ruled by Allen in any thing that should concern the Catholick Cause And for that Dr. Allen hath since that time practised divers monstrous Treasons and continually hath built upon the help of some chief man in England there is none yet known of his degree that hath any thing to do with Allen and therefore my Lord must needs be culpable of all the Treasons Allen hath practised and procured in flying to Allen to serve the Prince of Parma ut antea My Lord was charged with relieving of divers Traytors as Priests and that he did converse and was confederate with divers and sundry Traytors attainted indicted and suspected being Prisoners in
the Tower and that he had Mass in the Tower and that if the Spaniards should surprize the Tower Sir Owen Hopton should be put to the Rackhouse Proved He was also charged that divers Papists Seminaries and such like being Prisoners in New gate and other Prisons reported that they hoped to see the Earl of Arundel King of England and that Cardinal Allen should direct the Crown of England Proved Before the coming of the Spaniards Fleet when our Commissioners were in the Low-Countries news was brought to the Tower that we should have peace betwixt Spain and England then would my Lord of Arundel be pensive When the Spanish Fleet was upon our Coast and Newes was brought to the Tower that the Spaniards sped well then the Earl would be merry Then when News came the English Fleet sped well the Earl would be Proved sorry When News came the Spanish Fleet was come upon the Coast of Kent Proved my Lord said it is a great Wood and a puissant Fleet we shall have lusty play shortly I hope we shall plague them that have plagued us My Lord said he would not fight against any that came to fight for the Proved Catholick Faith He said when the Spanish Fleet was at Sea he would have Three Masses a a day for the happy success of Spain 3 Masses a day Proved Continual Prayer for Spain He said also he would have continual Prayer without ceasing for a time for the good success of Spain viz. he would have every 24 hours 5 Priests to pray two hours a piece for the defect of Lay-men and 14 Lay-men to pray every one an hour a piece for the happy and fortunate success of Spain Proved He made himself a special Prayer for that purpose and caused Copies thereof in haste to be made Proved Mr. Shelley then Prisoner in the Tower told my Lord that to exercise that Prayer were dangerous and wished my Lord to let it alone Therefore Shelley my Lord called for the Copy of the Prayer again and would not have it Copied He was charged that he did conjure Sir Thomas Gerrard Knight to keep Proved Sir Thomas Gerrard Proved Counsel in all these matters before set down who promised him he would Bennet also promised to keep his Councel and divers others Then were Sir Thomas Gerrard Mr. Shelly Bennet the Priest and divers Proved Bennet Prisoners removid others removed from the Tower to several other Prisons and upon Examination confessed all as aforesaid My Lord hearing all these matters laid hard against him by Mr. Sollicitor grew into some Agony and called for his Accusers face to face which the Learned Counsel did not yet yield unto Earl He was likewise charged that he came once meerly to Bennet the Priest in the Tower saying Come Mr. Bennet let us go pray that the Spaniards may beat down London-Bridge and promised to give him a Damask Gown shortly and that he hoped to make him Dean of Pauls ere it were long that the time of their delivery was at hand and willed them in any wise to be secret for if he should reveal these things he would deny them to his face When News came to the Tower that the Spanish Fleet was driven away my Lord said We are all undone there is no hope for us this year and the King of Spain cannot provide such a power again this five or six years The Earl is sorry for this News some of us may be dead and rotten ere that time There were then brought into the Court vivâ voce upon their several Oaths Anthony Hall and Richard Young a Justice of the Peace who aimed something by hearsay to the proof of the former matters Witnesses Also Sir Thomas Gerrard William Bennet Tuchnon Snoden and Ithel and divers others were closely kept in a place over the Kings Bench closed in Prisoners to witness with Arras and were thereupon severally called into the Court vivâ voce upon their several Oaths to affirm that which is specified before Sithence Mr. Sollicitor began to speak at this Marke Bennet the Priest was charged with a Letter written to my Lord wherein he should be sorry for the opening of these matters as aforesaid against my Lord. One Randal had writ this Letter in Bennets name by advice of my Lord of Arundel to blind his practises Bennet openly denyed the writing of Lord Gray that Letter whereupon my Lord Gray and my Lord Nroris asked Bennet Lord Norris if he knew of the Letter yea or no for their better evidence Bennet confessed he had been moved to such a matter but he did it not Against Sir Thomas Gerrard my Lord stood very stoutly in denyal of what he witnessed willing him to look him in the face and charging him as he would answer before God in whose presence he spoke to tell nothing of him but Truth In Answer whereof Sir Thomas referred himself to his Depositions before read to which he said he was sworn yea twice sworn There were called into the Court two Witnesses more viz. one Walton and one Church who justified Letters were brought from England to Walton Church and Hill Rehnes where they both were which Letters were sent by one Hill one of my Lords Faction that the Earl of Arundel should be General of the Catholicks when the Tower should be surprized To Walton my Lord took exception affirming that he was a naughty leud Fellow who had sold that little Land he had to three several men and of the other Witnesses he said that some were attainted some Indicted bad men and Prisoners and that their words were worth little credit Then said Mr. Popham they were never tortured but confessed all this Popham willingly and they are such as you have accompanied Here ended every man his Speech and the Noble-men and Peers of the Jury The Jury went together My Lord humbly having submitted himself to the consideration of his Peers with protestation of Loyalty the Lieutenant brought him from the Bar unto a Seat near unto the Court of Common Pleas where the Warders attended upon him My Lord Steward likewise withdrew himself a little while as it seemed Lord Steward to take some Refection having all the day for the time of this business forborn to eat any thing and presently returned to his Seat of State Within one hour after the Noble-men of the Jury came every one back and were again placed by Garter King of Heraulds Then Mr. Sands asked every man of the Jury severally beginning at my Lord Norris the youngest Baron and proceeding to my Lord Treasure the Fore-man whether the Prisoner were guilty yea or no. Which every one of them laying their hands upon their hearts did protest Verdict in their Consciences and upon their honours that he was guilty Then was the Lieutenant called to bring his Prisoner to the Bar who was brought accordingly attended as before Then said Mr. Sands unto him that he had been indicted of several Treasons Mr. Sands and that he had put himself upon the Tryal of his Peers who had found him guilty and therefore asked why Judgment should not be given against him Whereupon my Lord making three very low Obeysances upon his knees Earl did humbly submit himself to my Lord Steward his Grace and the favours of the rest of the Nobles and Peers there present and besought them to be Mediators for him that he might obtain at her Majesties hands to have order taken for his debts and to have Conference with his Officers and to talk with his wife and to see his Infant born after his Imprisonment whom he had never seen Then my Lords Grace pronounced judgment viz. that he should be conveyed to the place from whence he came and from thence to the place of Judgment Execution and there to be hanged until he were half dead his members to be cut off his bowels to be cast into the Fire his head to be cut off his quarters to be divided into four several parts and to be bestowed in four several places and so said my Lord Steward the Lord have mercy on thy Soul To this the Earl of Arundel said as it were softly to himself Fiat voluntas Dei And so having made a low Obeysance to the State the Lieutenant took him away Mr. Shelton going before him with the Edge of the Axe towards him Then was there an O Yes made by the Serjeant at Arms and the Court together with my Lord Stewards Commission dissolved which done my Lord of Darby took the whitewand out of Mr. Winckfields hand and broke the same in pieces and every man cryed God save the Queen FINIS