no other cause but to trie the Dukes minde whether hee stood constant and resolute But the crimes of the other he wittily extenuated and by no meanes he could be induced to tell the names of the Noblemen that promised to helpe the Duke to surprize the Queene But he confessed that he by the commandement of the Queene of Scotland did aske aduice of the Duke Arundell Lumley and Throgmorton by their seruants that came to and fro and the Vicount Mountague by Lumley about the deliuerie of the Castles in Scotland the hostages the deliuerie of the King of Scotland vnto the English men and the restoring of the English Rebels Thus much of these matters this yeere out of the Dukes confessions and the Commentarie of Rosse himselfe written with his owne hand sent to the Queene of Scotland Matthew Earle of Lennox Regent of Scotland Grandfather to the King had summoned an assembly of the Estates at Sterling in the Kings name where liuing securely he was taken on the sudden by the Noblemen of the contrarie faction who held a Parlament at Edenburgh at the same time in the Queenes name He had yeelded himselfe to Dauid Spense of Wormeston who labouring diligently to saue his life was slaine together with the Regent who had gouerned the Realme for the King his Grandchild but foureteene moneths by Bell and Caulder In his place was substituted by the voices of the Kings faction Iohn Areskin Earle of Marre who died after hee had beene Regent but thirteene moneths These dangerous times produced in the Parlament holden in England this Law It was made treason if any attempted any harme or hurt made warre or moued any other to raise warre against the Queene If any affirmed that she possessed not the Crowne rightfully but that others had more right to the Crowne or did say that shee was an Heretike Schismatike or Infidell did vsurpe the right of the Kingdome during her life or shall say that any other hath right to the Crowne or that the Lawes and Statutes cannot define and binde the right of the Crowne and the succession of the same If any in the Queenes life by written or printed booke expresly affirme that any is or ought to be heire or successor of the Queene besides the naturall issue of her owne body or shall print or sell any bookes or schedules to that effect hee and his fautors for the first time shall be imprisoned a whole yeere and lose halfe his goods and for the second offence incurre Premunire that is to lose all his goods and lie in prison for euer This seemed somewhat seuere vnto many who were of opinion that the tranquillitie of the Realme would bee established by the designation of a certaine heire But it is wonderfull what iests somelewd construers of words made of that clause Besides the naturall issue of her body since the Lawyers call them Naturall that are borne out of matrimonie but the legitimate they call out of the forme of words vsed in the Law of England Children of his body lawfully begotten insomuch that being a young man I heard it often said that that word was thrust into the Act by Leicester to the intent that hee might at one time or other thrust vpon them against their wills some Bastard sonne of his as the naturall issue of the Queene An Act was made also at this Parlament that it should bee treason in them who reconciled any to the Church of Rome by any Bulls or Rescripts of the Popes or any that were reconciled they that releeued the reconcilers or brought in any Agnus Dei Grana Crucifixes or other things consecrated by the Pope into England should incurre the penaltie of Premunire And that it should bee misprision of treason in them that did not discouer their reconcilers It was moued in the same Parlament that if the Queene of Scotland did offend againe against the Lawes of England that they might proceed against her according to the Law as against the wife of a Peere of the Kingdome of England but the Queene would not suffer it to passe Anno 1572. ON the sixteenth day of Ianuarie Thomas Howard Duke of Norfolke was arraigned at Westminster Hall before George Talbot Earle of Shrewsburie appointed for that day Lord high Steward of England and on both sides of him sate the Peeres namely Reynold Grey Earle of Kent Thomas Ratclif Earle of Sussex Henry Hastings Earle of Huntingdon Francis Russell Earle of Bedford Henry Herbert Earle of Pembrooke Edward Seymer Earle of Hertford Ambrose Dudley Earle of Warwicke Robert Dudley Earle of Leicester Walter Deuereux Viscount Hereford Edward Clintōn Admirall William Lord Howard of Effingham Chamberlaine William Cecill Lord Burghley Secretarie Arthur Lord Grey of Wilton Iames Blount Lord Mountioy William Lord Sands Thomas Lord Wentworth William Lord Burrough Lewis Lord Mordant Iohn Powlet Lord Saint-Iohn of Basing Robert Lord Rich Roger Lord North Edmund Bruges Lord Chandois Oliuer Lord Saint-Iohn of Bletneshoo Thomas Sackuill Lord Buckhurst and William West Lord De La-ware Silence being made the Letters Patents of the Commission was read then a white wand was deliuered vnto the Lord Steward by Garter King at Armes which hee shortly after deliuered vnto the Serieant at Armes who stood by and held it vp all the while Then the Earles and Barons were called by their names and euery one made answer to his name Then silence was made againe and the Lieutenant of the Tower was commanded to returne his precept and to bring the Duke to the Barre Forthwith he was brought in and Sir Owen Hopton stood on the one side of him and Sir Peter Carew on the other side and next by him stood a man holding an Axe with the edge from the Duke Silence being made againe the Clerke of the Crowne said thus to the Duke Thomas Duke of Norfolke late of Keningale in the Countie of Norfolke hold vp thy hand which when hee had done the Clerke read the Inditement with a loud voice that is to say That in the eleuenth yeere of Queene ELIZABETH and after the Duke did traiterously deuise to put her from her Crowne and to kill her and to raise warre against her and to bring in forraine forces to inuade the Realme That whereas he knew MARIE late Queene of Scotland to haue claimed the Diadem of England with the title and armes thereof yet hee without the Queenes knowledge intended to marrie with her and lent her a great summe of money contrarie to the promise he had made vnder his owne hand That whereas he knew the Earles of Northumberland and Westmerland Markenfield and others had raised rebellion against the Queene and were fled into Scotland he releeued them with money That in the thirteenth yeere of the Queene hee by letters requested aid of men from Pope Pius Quintus the professed enemie of the Queene the King of Spaine and the Duke of Alba to deliuer the Queene of Scotland and to restore Papistrie into England
citing the authoritie of Bracton the most learned Lawyer of our Land that he neuer made such reckoning of Northumberland and Westmerland that hee would put his life into their hands he relied he said and trusted so much vnto his innocencie that hee had neuer so much as a thought to flie Gerard the Queenes Atturney said It is most apparant that he did purposely intend to marrie the Queene of Scotland to worke the Queenes destruction It is also apparant that he did aduisedly consult of inuading the Realme by the letters vnto the Pope the King of Spaine and the Duke of Alba. All his dealings with Ridolph are now well knowne by the secret Ciphers and Charactericall notes hidden vnder the tiles of Howard house also by the letters which hee commanded to bee burned found in the Matts in the entrie of the chamber and all these things may bee proued out of the examinations of them who were not terrified with torments nor attainted of treason To these matters the Duke said Of the consultations of the Pope and the King of Spaine I was neither author nor fautor yea I alwaies disliked them Let them bee punished that committed the fault and let them not charge mee to excuse themselues Furthermore Gerard accused the Duke that hee talked with Ridolph of the landing of ten thousand Souldiers out of Flanders at Harwich a Hauen in Essex and this out of the examination of Barker And also that letters were written and sent by Ridolph vnto the King of Spaine and the Duke of Alba vnto which although the Duke did not subscribe yet that hee sent by the counsell of Rosse Barker his Secretarie vnto the Spanish Embassadour who should assure them that they were his very letters The Duke said My memorie faileth me neither can it call to minde such intricate varietie of matters You Lawyers haue your briefe notes I am put to answer ex tempore This is also improbable that I should deale with the Pope vnto whose Religion I was alwaies an aduersarie I had rather be pulled in peeces by horses than reuolt from the Religion I professe The situation of Harwich doth easily confute all this accusation Who seeth not how hard a matter it is to bring an armie thorow that Countrie which is all enclosed and most troublesome with narrow waies If I had imagined to make warre against my Prince I should doubtlesse haue furnished my selfe with Armour but in these whole ten yeeres I haue not bought any more than eight Corslets and no Gun-powder at all I would neuer haue committed such letters vnto Barkers fidelitie but rather vnto Banister whom I esteemed aboue many Barkers Now were brought forth the letters of the Bishop of Rosse sent out of prison vnto the Queene of Scotland and intercepted out of which the former things were confirmed The Duke required to see the letters for he seemed to doubt that they were counterfeit But the Lord Steward said Doubt not they bee written with Rosses owne hand Another short letter written with Oker by the Duke commanding his man to burne a bundle of letters hidden in a certaine place and to lay the fault vpon Rosse who might easily auoid the Law by the priuilege of an Embassadour was also shewed To these letters the Duke said I being certified that it was diuulged amongst the common people that I had accused many I answered in that short letter and when I saw all places to be narrowly searched I commanded that bundle to be burned that I might keepe many men from trouble Bromley the Queenes Sollicitor shewed the letters of Ridolph wherein hee signified that the Duke of Alba approued their purpose and also the Popes letters vnto the Duke dated the tenth day of May. Then Wilbraham made an cloquent speech of the credit of the testimonies of the Bishop of Rosse and of the Dukes seruants Vnto which the Duke said I haue not the skill to refell so polished and ornate a speech yet the Orator as skilfull as be is for all that left out what the force of feare is which oftentimes quaileth and dauntoth a good courage and againe he commended and vrged Bracton against the credit of forraine witnesses Catlin chiefe Iustice made answer In such causes as these the testimonies of forrainers are allowable and that it was in the will of the Peeres to giue credit or disallow such testimonies Now they were come to proue that the Duke had releeued the Rebels after they were fled which appeared out of the letters of the Countesse of Northumberland in which she gaue thanks to the Duke for the money secretly sent vnto her and her husband As concerning the last obiection about the releeuing the Scots enemies to the Queene was proued out of the Dukes letters to Banister out of the confession of Banister and the money deliuered vnto Browne of Shrewsburie Here the Duke asked the Iudges Whether the subiects of another Prince confederate with the Queene may bee accounted enemies to the Queene Catlin answered they might and that the Queene of England may make warre with some Duke of France and yet at the same time be in amitie with the King of France When now it drew toward night the Lord Steward asked the Duke what hee had more to say for himselfe He answered I put my trust in the equitie of the Lawes The Lord Steward commanded the Lieutenant of the Tower to take the Duke aside and then silence being made he turned vnto the Peeres and said You haue heard how Thomas Duke of Norfolke hath beene indited of high treason who hath pleaded not guiltie and put himselfe vnto God and to you therefore it is your part to consider among you whether he be guiltie or no and to declare your opinion according to your conscience and vpon your honour and withall he bade them to goe aside and to consult one with another After a little time they returned vnto their places Then the Steward beginning at the lowest said My Lord De La-ware is Thomas Duke of Norfolke guiltie of the crimes of high treason whereof he is indited or not guiltie He rising vp laying his hand on his breast said Guiltie In like manner were each one asked in their order Then was the Duke brought againe to the Barre vnto whom the Lord Steward spake in this manner Thomas Duke of Norfolke thou hast beene indited of sundry high treasons and put thy selfe to bee tried by God and thy Peeres who haue found thee guiltie hast thou any thing to say why iudgement should not be given against thee Hee answered The will of God who will iudge betweene mee and my false accusers be done All men now keeping silence the edge of the Axe was turned towards him Then Barham for the Queene requested the Lord Steward to giue iudgement which he weeping did in these formall words Forasmuch as thou Thomas Duke of Norfolke hast beene indited of high treason and hast pleaded not guiltie and hast put thy selfe
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
if she had requested to haue letters detained almost a whole yeare Then the Copies of the letters of Babington vnto her were read in the which all the plot was described She said As concerning these letters it may be that Babington might write but let it be proued that I receiued them if Babington or others haue affirmed this I say in plaine termes they lie Other mens faults are not to be laid on my back A packet of letters which was deteined almost a yeer came about that time to my hands but truly I know not by whom it was sent to me To proue that she had receiued Babingtons letters there was read out of the confession of Babington the heads of the letters which he had voluntarily confessed that she had written backe In like manner things taken out of the confessions of Ballard and Sauage were read who confessed that Babington had communicated vnto them letters receiued from the Queene of Scotland She affirmed that Babington had receiued none from her yea rather that she had beene angrie with them that secretly suggested and gaue counsell about the inuading of England and warned them to beware and take heed Then were showen the Letters in the which the plot of Babington was commended and approued She asked to haue the copie of them and affirmed that they came not from her but perhaps out of her Alphabet of Cyphers in France that she hath laboured to get her libertie which is a thing naturall to all men and to haue treated with her friends to vse meanes to deliuer her Neuerthelesse vnto many whom she was not disposed to name who offered their seruice shee had not answered a word but that she much desired to turne away the storme of persecution from the Catholikes and that she intreated the Queen thereunto that shee would not get a kingdome with the bloud of the meanest of all the Commons That there are many who attempt things pernicious without her knowledge and in some letters which she hath receiued very lately some had begged pardon of her if they attempted any thing without her priuitie That it was an easie matter to counterfeit the Characters and Cyphers as a young man who had boasted himselfe to be the bastard brother to her sonne did very lately in France That shee also feared lest this was contriued by Walsingham who as shee had heard it muttered had plotted against the life of her and her Sonne She protesteth that she neuer thought to hurt or kill the Queene but that she had rather more willingly bestow her life than that the Catholikes should be afflicted so often and lose their liues with such grieuous torments for her sake and in hatred of her But said the Treasurer none who was an obedient subiect was put to death for Religion but many were for Treason maintaining the Popes authoritie and Bull against the Queene But said she I haue heard otherwise and I haue read it also in printed bookes The writers of such bookes replied he wrote also that the Queene was depriued of her Royall dignitie Walsingham who euen now perceiued himselfe nipped and touched rose vp and protesting that his minde was not possessed with any euill will said I call God to witnesse that I as a priuate man haue done nothing not beseeming an honest and vpright man neither for the publike person which I beare haue done any thing which doth not belong vnto my place I confesse that I haue beene carefull of the safetie of the Queene and the Realme and haue curiously sought to finde the plots against her If Ballard had offered me his seruice I had not refused it and had recompenced him for his trauell and paine taken If I haue plotted any thing with him why did he not tell it out that he might haue saued his life She said that shee remained contented with this answer she requested him not to be angrie for that shee so freely spoke what shee had heard and that he would not beleeue more them that slandered her than she did them that defamed him That spies were men not to be trusted for they dissemble one thing and say another That he would by no meanes beleeue that shee consented to hurt or kill the Queene And then weeping amaine said I will neuer cast away my soule in conspiring to kill my most deare sister The Lawyers made answer that it would bee soundly proued by testimonies presently These things were done before noone In the afternoone for the more substantiall proofe thereof the copie of the letters which Charles Paget wrote was brought forth and shewed and Curlus one of her Secretaries witnessed that shee receiued of the conference betweene Mendoza and Ballard about the counsell of inuading England She answered This is nothing to the matter neither doth it proue that I consented to hurt or kill the Queene Moreouer the Lawyers went forward to proue that she was priuie of the conspiracie and also conspired to kill the Queene out of the confession of Babington and the letters betweene her and Babington in the which hee had saluted and stiled her his high and mightie Ladie and Queene And by the way they rehearsed that there was a Counsell holden of assigning and conferring ouer the Kingdome of England vnto the King of Spaine She acknowledged that a Priest came to her and said if shee did not stop it that both she and her sonne should bee excluded from their inheritance but shee would not tell the name of the Priest And moreouer shee said that the Spaniard challenged a right vnto the Kingdome of England and would not giue place vnto any but vnto her Then they pressed her with the testimonies of Nauus and Curlus her Secretaries out of the confession of Babington and the letters that past betweene Babington and her and all the credit of their proofes depended vpon the testimonie of them and yet they were not brought forth face to face She did acknowledge Curlus to bee an honest man but not a sufficient witnesse against her That Nauus sometimes Secretarie to the Cardinall of Lorraine commended to her by the French King might be easily induced either by bribes or hope or feare to beare false witnesse as one who sundry times had made rash oathes and had Curlus so tractable and at his becke that hee would write whatsoeuer hee bade And it may bee that they might put into the letters such things which shee had not endired and also that such letters came to their hands which yet shee neuer saw And broke out into such or the like words The Maiestie and safetie of Princes will bee of small authoritie and bee contemned if they doe depend on the writings and testimonie of their Secretaries I did endite vnto them nothing but that which nature hath taught mee that I might recouer and get my libertie at last neither am I to be conuinced but out of mine owne words or writing If they haue written any thing