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
was strangled in his bed and then his body cast forth into a Garden Who were the Contrivers and Actors of his murther must perhaps remain a secret till the Vniversal Assizes shall disclose all the wicked Policies of the world in their naked undisguised reality Common Fame laid it upon the Earl of Murray base Brother to the Queen a man subtil and ambitious and Morton a great stickler in those times and other their Confederates But they on the contrary charg'd it upon the Queen though without convincing proofs Thuanus L. 40. Ad finem anni 1566 speaks as if the Popes fingers were not altogether free from the fiains of this Princes Blood for says he Ad haec Pontificis ut passim jactabatur Caroli Lotaringi Cardinalis Literis Incitabantur nam cum per eum à Pontifice petiissent pecuniam ad Instaurandam majorum Religionem Respor sum fuerat frustra ipsos Conari nisi sublatis iis per quos stabat ne res exitum jortiretur They were hereunto exited as was commonly reported by the Letters of the Pope and the Cardinal of Lorain for when by him they desired money of the Pope to re-establish the old Roman Religion 't was answered that their endeavours were vain unless those were taken off through whose default it was that the thing was not already accomplish't perhaps his Holiness did not esteem the Lord Darnly then King to be fierce and active enough for the business for he is noted to be a man of a soft temper Gay and Amarous not addicted to War nor Master of any extraordinary Politicks This is certain that soon after her Majesty was advised again to Marry and James Hepburn Earl of Bothwell being then much in her favour and eminent for his Valour was recommended 't is said designedly by Murray and his party as a person most fit for her acceptance and though he were more than suspected to be concern'd in the murder yet being thereof in a pretended Legal manner acquitted and having obtain'd for that purpose a Divorce from his former Wife the Queen was prevail'd with to accept him for her Husband not without the consent of many of the Nobility This caused a suspition in many that she was conscious to the murder which most Historians represent as the chief design of the Conspirators in promoting of that unhappy Match and these suspitions were so far improv'd that quickly after Arms were raised on that pretence and Bothwell forc'd to fly and the Queen her self seized and made Prisoner in Lechlevyn under the custody of Murray's Mother formerly a Mistress to James the 5th where threatning to prosecute her for Incontinency and for the Kings murder and for Tyranny c. they at last wrought so far upon her as to compel her to resign her Kingdom to her Son then scarce Thirteen months old and to appoint Murray Regent during his Minority But after Eleven months Consinement she made her escape and declaring that these Concessions were extorted by Duress and just fear raised an Army of 7000 men which were defeated by Murray and the Queen forced to save her self by a flight of 60 Miles in one day to the house of the Lord Heris where dispairing of safety and promising her self better entertainment from Queen Elizabeth than from her own Subjects she from thence in a small Bark and with few friends put to Sea and Landed at Wickington in Cumberland May the 17th 1568. and immediately dispatch't Letters to the Queen of England desiring to be conducted to her presence who in Answer promised her assistance according to the Equity of her Cause but denied her Access for that she was held guilty of many Crimes and ordered her to be conveyed to Carlisle as a place of safety withal writing to the Regent of Scotland that he should come in Person or by sufficient Deputies to answer the Queen of Scots complaint against him and his accomplices and render sufficient reasons for deposing her or otherwise she would espouse her cause and with all the force she could make endeavour to resettle her in her Kingdom Whereupon Murray with seven more met at York several Noblemen commissionated by Queen Flizabeth to hear and treat of the matter amongst whom Thomas Howard Duke of Norfolk was the chief and likewise the Bishop of Rosse and others impower'd by the Scottish Queen did there attend but after a long Treaty they broke up and nothing was concluded At this Treaty a proposal was secretly made some say by Murray others by the Bishop of Rosse to the Duke of Norfolk to marry the Queen of Scots which proved fatal to him as you will find by the following papers containing his Tryal and Condemnation for the same And also it was given out that he had passed away her Right to the Crown of England to a Foreigner and that the same was ratified at Rome and Letters shewn wherein she accused Q. Eliz. for not performing her promises to her and boasted of Succors she expected from others which was confirmed by a discovery made That one Ridolph a Florentine Merchant was employed by Pius the fifth the then Pope to make a secret Commotion of Papists in England in her favour Whereupon she was removed to a place of greater security In the mean time Queen Eliz. had notice of the Intrigue between her and Norfolk upon which He was question'd but promising to desist and seeming to slight that Alliance was dismissed But presently a Rebellion was raised in the North by the Earls of Northumberland and Westmorland instigated by one Nicholas Morton a Popish Priest sent over by the Pope to pronounce Q. Eliz. an Heretick and to have lost on that account all right and soveraignty And these Popish Rebels proceeded to that outrage that at Durham they tore in pieces all the Bibles they could meet with But finding themselves too weak to withstand the Forces raised against them fled without fighting the first being betray'd in Scotland sent into England and Beheaded at York and the other died abroad miserably About the same time Murray Regent of Scotland upon a private Grudge was shot as he Rid along the street by one Hamilton and the Regency was conferr'd upon Matthew Earl of Lenox the young Kings Granfather he being Father to the late murder'd King before his Marriage with the Queen stiled the Lord Darnly Both the French and Spanish Kings were now urgent with Queen Elizabeth for the Queen of Scots liberty who made answer That as she would omit nothing that might serve for the reconciling the said Queen and her subjects so she must have leave to provide for her own and her peoples safety as Nature Reason and her own Honour required Whereupon finding those Forreign applications ineffectual Domestick Plots were set on foot to effect it by force and amongst the rest some eminent persons undertook it but being discovered were soon apprehended and some of the Conspirators executed Nor was it long but the
Duke being found by intercepted Letters notwithstanding his aforesaid promises still to continue his affection to and correspondence with the Scottish Queen was brought to his Trial here printed and for the Crimes therein specified condemned and beheaded Some few days after his Execution William Lord de la Ware and others were sent to the Queen of Scots who was then full of grief and sorrow for his death owning that a contract of Marriage had passed between him and her to expostulate with her and charge her with divers matters as that she had usurp'd the Title and Arms of the Realm of England and had not renounced the same as she ought to have done by the Treaty of Edenbourgh that she had sought to Marry with the Duke of Norfolk a Subject of England without the Queens privity and to effect the same Marriage had tried all means by her Agents and Ministers to rescue the said Duke out of Prison by force that she had raised the Rebellion in the North and relieved the Rebles after they were put to flight in Scotland and the Low-Countries that she had by Ridolph the Italian importun'd both the Pope and the King of Spain and others for Forrein Forces to invade England that she had conspired with several English Subjects to take her out of Prison by force and proclaim her Queen of England that she had received Letters from the Pope wherein to use his own words he promised to cherish her as the Hen doth her Chickins and to account those that stood for her the true Children of the Church Lastly that she had procured the Popes Bull against the Queen and had suffered her self publickly to be stiled Queen of England by her Ministers in Forrein Courts Whereunto protesting First That she was a free absolute Queen and subject to none she with a settled countenance and courage answered 1. That she had not usurped the Title and Arms of England but that the King of France and her Husband had imposed them upon her being very young and under the direction of her Husband and therefore not to be laid upon her for a fault and that as she did not after her Husband's death so neither would she claim them as long as Queen Elizabeth or any Children she might have should live 2. That she never imagined any detriment or hurt to the Queen by her Marriage with the Duke of Norfolk being perswaded it would be for the good of the Common-wealth and that she did not renounce it because she had given her Faith and Troth unto him 3. That she willed the Duke by some means to get out of danger and Prison which she did out of the duty she owed to him as her Husband 4. That she had not raised rebellion nor was privy to the same but was always ready to reveal all attempts against the Queens life 5. That she never relieved the English Rebels only that in her Letters she recommended the Countess of Northumberland to the Duke of Alva 6. That she used Ridolph whom she knew to be highly in the Popes favour in many matters yet receiv'd no Letters from him 7. That she never moved any to attempt her deliverance yet that she willingly gave ear unto them that offered their labour therein and for that purpose that she communicated to Rolston and Hall a private Character 8. That she had receiv'd sometimes Letters from the Pope very pious and consolatory wherein were no such Expressions or Phrases 9. That she procured not the Bull that she only saw the Printed Copy thereof and when she had read it she threw it into the fire 10. That if any in Forrein parts writ or nam'd her otherwise than they ought they and not she were to answer it 11. That she never by Letters required aid of the Pope or the King of Spain to invade England but only to be restored into her Kingdom by their means and not without the Queens privity 12 But if any question or doubt be made of those Letters of effecting the Marriage by force of Arms she requested since she was born of the Royal Blood of England that she might answer Personally in the next Parliament How far these specious Allegations were credited by Queen Elizabeth we find not 't is certain they produc'd little effect towards her delivery But on the contrary it being about the same time discovered that she held Correspondence with Spain and that the Lord Seton who landed in Essex disguised like a Mariner had brought a promise of Aid to her from the Duke of Alva she was confined more strictly and with greater Guard Likewise in Scotland to prevent the Duke of Guises design which was to make use of the Duke of Lenox's favour with the King to withdraw his affection from the English the Earl of Gowry and others resolve by all means to remove Lenox and the Earl of Arran from the King To accomplish which while Lenox was gone from Perth where the King then lay to Edenburgh and Arran also was absent the said Earl of Gowry with the Earls of Mar and Lindsey and others take an opportunity to invite the King to the Castle of Rewthen and there detained him not permitting him to walk abroad and removing all his trusty Servants cast Arran into Prison enforc'd the King to call home the Earl of Angus and send away Lenox into France As also by his Letters to Queen Elizabeth to own and approve of all these proceedings Which were much regretted by the Queen his Mother who on this occasion wrote a long Letter to Queen Elizabeth lamenting her own and her Sons deplorable fortune and did it so Pathetically that Queen Elizabeth was much affected with it and a serious debate was moved in her Council thereupon and most of them inclin'd to set her at liberty on these Terms and Conditions 1. That she and her Son should promise to practise nothing hurtful to Q. Elizabeth and the Realm of England 2. That she would voluntarily confess that whatsoever was done by Francis the Second the French King her Husband against Q. Elizabeth was done against her will and that she should utterly disallow the same as unjust by confirming the Treaty of Edenburgh 3. That she should condemn all the practises ever since that time and ingenuously renounce them 4. She should bind her self not to practise any thing directly or indirectly against the Government of the Realm of England in Ecclesiastical or Civil affairs but by all manner of means oppose her self and resist such practisers as publick enemies 5. That she shall challenge or claim no right unto her self in the Kingdom of England during the Life of Queen Elizabeth and that afterward she will submit her right of Succession unto the Estates of England 6. And to the end that she may not hereafter use any cavil and say That she condescended to these Conditions being a Prisoner and by coaction she her self should not only swear unto them but also
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
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
the Duke was one of the Commissioners for the hearing of the Cause betwixt the late Scottish Queen and the Lords of Scotland at which time the Duke took an Oath to deal directly therein and to weigh uprightly both the occasions and answers wherein notwitstanding he dealt indirectly and partially thereby committing Perjury and disclosing the Queens Secrets if he will deny it then we will prove it Then said the Duke The Case hath divers parts cleane out of the Compass of Treason Then said Mr. Barnham I require Duke Barnham Duke knowledge if he knew the Claiming of the Crown The Duke did here digress and answered not directly Wherefore the Lord Steward said Lord Steward Your Lordship must answer directly And after upon the urging of Barnham and the Queens Attorney The Duke confessed the Claim but not the Continuance Then Barnham shewed the continuance by her Refusal Barnham hitherto to acknowledge the Queens Majesty to be Lawful Queen and that she hath not yet Renounced her Claim and yet you have so far dealt with her as being the Queens Commissioner to hear the matters you opened to her the occasions you gave her instructions how she might deal that the matters might not come to light and you conferred with the Bishop of Rosse about the same for proof whereof was shewed the Examination of Rosse taken the Sixth day of November 1571 declaring that the Duke uttered Bishop of Rosse unto him all that he understood of the matter and promised what help he could but he spoke nothing of the Marriage but referred all to Liddington who caused the Duke to stay the Conference and shewed her good will And how he was sent to accompany the Earl of Murrey and to convey the Scottish Queens Letters away and to counterfeit others and this was proved by a Letter of the Bishop of Rosses to the Scottish Queen where he shewed that the Duke did Advertise him that he went about to discredit the Scottish Queen with the people of England that he might be the less able to attempt any thing against the Queen of England To this matter the Duke answered at large That Liddington onely moved the Marriage unto him which he at that time refused and that he Duke told the Bishop of Rosse that he could not deal to take up the matter and therefore to what end should he utter any thing to him he only shewed it would only turn to his dishonour and that he should never be able to win it out And then he prayed that Rosse might be brought presently before him Then was shewed a Letter of the Bishop of Rosses wherein it was contained that whereas it was appointed that the Earl of Murrey should have been murthered in the North going from Hampton Court to Scotland Now because the Duke had communed with the Earl of Murrey at Hampton Court touching the same matter and had his Assent thereunto the murther should be stayed There was also a Letter of the Dukes shewed moving the marriage at that time and that it should be for the benefit of the whole Island And yet the Duke when the Rumour was spread that he went about to marry the Scottish Queen as one seeming to be much offended therewith came to the Queen and shewed her thereof and found much fault with the said Rumour and said he misliked her for her former Life And that the whole Revenue of the Crown of Scotland the Charges Deducted was not so good as his living in England and that he thought himself as good a Prince in his bowling Alley at Norwich as if he were King of Scotland All this was affirmed by Mr. Barnham That he heard the Queens Majesty her self speak it and by the Dukes Examination taken the Sixth Affirmations of Barnham day of November 1571. It is evident Also he said it was further shewed that at Tichfield he had special Commandment not to proceed in that Marriage any further and that contrary to that Commandment he had proceeded and yet the Duke himself had conceived an evil Opinion of her and had declared unto Banister that Banister he thought verily the Scotish Queen was privy to the murther of her Husband All these things were affirmed by Barnham to prove that the proceeding in this Marriage could be for no other cause but to Aspire to the Crown Then said the Duke This Year is very far fetched to prove the deprivation Duke of the Queen and the destruction of her Person Then said Mr. Barnham to come somewhat near it is not unknown that you have gone about to procure it by force and to have conspired to Barnham take the Tower this being true you must needs go about the distruction of the Queens person For the Jealousie of a Kingdom is such as will not suffer them to live that would hinder the same And at the same time the Duke departed into Norfolk to levy a Force Also there was Read a Letter written by the Duke to the Scotish Queen that proved the Negotiating the said marriage And there was as also Read many ill Letters of the Scotish Queens sent to Bothwell whereby it could not be that he pretended the Marriage for love of the Queen of Scots but for the Crown of England As touching the taking of the Tower the Duke said that Owen Hopton Duke Owen Hopton Servant to a Noble man of the Realm Earl of Penbrook came to him and advised him to take the Tower which he disliked Then said Barnham why did you then afterwards Consult with the Earl of Penbrook touching the same matter Who discomforted you therein Then said the Duke what do you gather thereof Barnham said they use not to Cut Vines while they be green that would have Duke them grow again Barnham There was also shewed further That whereas the Queens Majesty desired to have the Scotish Queen and certain Castles in her Possession and the Rebels delivered unto her The Duke gave advise to the Scotish Queen to the contrary and against the Queen of England Also he was charged That he went about to procure the Scotish Queen to be stolen away and that after his Submission wherein he promis'd under his Hand and Seal never to deal in that matter of the Marriage again There was also shewed a Provision which he shewed to one Robert Hickford Hickford which was proved by the Examination of Hickford to whom he shewed the same terming it a foolish Gawd. Then said the Duke you may perceive I did not esteem of it when I Duke termed it a foolish Gawd. Then was brought forth one Candish who was Sworn in this manner The Evidence that you shall give to the Peers and Nobles here assembled Candish his Evidence shall be the Troth and the whole Troth so help you God and the Holy Contents of this Book The effect of his Evidence was That being at South-Hampton with the Duke and
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