THE ARRAIGNMENT OF THOMAS HOWARD Duke of NORFOLK BEFORE THE Earl of SHREWSBURY Lord High-STEWARD of ENGLAND ALSO A Brief Derivation of the most Honourable Family of the HOWARDS With an Account of what Families they are Related to by Marriages Transcribed out of Antient Manuscripts never before Publish'd Printed by Nathaniel Thompson at the Entrance into Old Spring-Garden near Charing-Cross MDCLXXXV To the High and Mighty PRINCE HENRY Duke of NORFOLK Earl Marshal of ENGLAND Earl of Arundell Surrey Norfolk and Norwich Baron Howard Mowbrey Seagrave Brewes of Cower Fitz-Allen Warren Chun Oswaldestry Maltrevers of Cales Graystock Farnival of Sheffield and Howard of Castle-Rising Constable and Governour of His Majesties Royal Castle of Windsor Lord Warden of Windsor Forest Lord Lieutenant of the County of Norfolk Surry and Berks and of the City of Norwich and County of the said City And Knight of the most Noble Order of the Garter c. My Lord AS Your Grace is the Chief of Your Illustrious Family it would appear as rudely Improper to Dedicate this Discourse to any other as perhaps it doth an unbecoming presumption to present it to the Honour of Your hands and since there is no avoiding a Crime the least must be admitted for which I hope to obtain a Pardon with less Difficulty from that excessive Coodness which is your Character than I have had to Collect these scatter'd Papers slubber'd with Antiquity which were long preservd in Your Family and hastily thrown into this posture by My Lord Your Graces Most Humble and Most Faithful Servant J. Lacy. THE ARRAIGNMENT OF THOMAS HOWARD Duke of NORFOLK BEFORE THE Earl of SHREWSBURY Lord High-STEWARD of ENGLAND THe Names of the Lords Summon'd by Thomas Edwards Serjeant at Arms who being Call'd came and sat down in their Places appointed They that sat on the Right-hand of the Steward are Noted with the Letter A. and they that sat on the Left-hand with the Letter B. Earls Kent A. Worcester B. Sussex A. Huntington B. Warwick A. Bedford B. Pembroke A. Hartford B. Leicester A. Lords Clinton A. Howard of Effingham B. Burghley A. Grey of Wilton B. Monjoy A. Sands B. Wentworth A. Bourghrave B. Mordant A. St. Johns B. Rich A. North B. Shandois A. St. Johns of Bostock B. Buckhurst A. De la Ware B. Then was Robert Catlin Lord Chief Justice of England commanded to return his Precept upon Peril which being return'd was read Statute Issues and then the Lieutenant of the Tower was call'd to return his Precept and to bring forth his Prisoner the Duke of Norfolk Then was the Duke brought to the Bar between Sir Owen Hopton Lieutenant and Sir Peter Carew and next Sir Peter stood one holding the Tower-Axe with the edge from the Duke The Duke immediatly at his coming to the Bar perused all the Lords first on the Right-hand of the Steward then on the Left-hand and the Lieutenant deliver'd in his Precept Versus Thomas Ducem Norfolk c. And then was Proclamation made every man to keep Silence and Mr. Sandes spoke to the Prisoner in this manner Thomas Duke of Norfolk late of Kennington in Norfolk hold up thy thy Hand which done he read the Indictment the effect whereof was That He the 22th of September Anno Dom. 1570. did Traiterously Compose and Imagine to put to Death our Soveraign Lady the Queen to raise Rebellion to Subvert the Commonwealth and to stir up Forreign Enemies to invade this Realm and to Levy War against the Queen for that he knew Mary late Queen of Scots to have claim'd the Crown of this Realm and to have Nam'd her self Queen of England and bore the Arms of our Queen without difference did the 22th of Semptember Anno predict ' before and after Compose and Imagine to deprive destroy and put to Death our Soveraign Lady the Queen to raise Rebellion to subvert the Commonwealth and to stir up Forreign Enemies to Invade this Realm and to Levy War against the Queen for that he knew Mary late Queen of Scots to have Claim'd the Crown of this Realm and to have Nam'd her self Queen of England and bore the Arms without difference did the 22th of September Anno predict ' before and after without the Consent of our said Queen sent divers Tokens and Letters to the said late Scottish Queen and lent her divers Sums of Money and received divers Tokens from her contrary to the Commands of the Queen and contrary to his own Submission and Promise under his Hand and Seal and that He knowing the late Earls of Northumberland and Westmorland the Northerns Markenfield and others which had Levyed War against the Queen the 16th of November Anno predict ' and had Assembled to them the number of 1000 persons and then fled the 12th of December Anno predict ' into Scotland and there were receiv'd by the Duke of Castol Herald Lord Hunne and there pursued by the Earl of Sussex He on the 7th of August Anno predict ' did send before and after Money unto them and that he being Adherent to the Pope the Queens Enemy the 10th of March Anno Reginae did Consent and Consult with Robert Rodulph Merchant Stranger and the Pope 's Factor to have Money from the Pope and the Duke of Alva and that they should send an Army to Invade the Realm to deliver the said Scottish Queen And further whereas the said Robert Rodulph had written in the Name of the said Duke three Letters one to the Pope the second to King Philip and the third to the Duke of Alva the said Duke sent his Servant to the Ambassador of King Philip to desire him to Certifie the Pope King Philip and the Duke that he allow'd of the same Letters and that they should be taken as sent from him which was so agreed but the said Robert Rodulph who deliver'd the Duke of Norfold 's Cyphers whereof he carried one Coppy to Rome whereby each might Certifie others and likewise requir'd of the said Duke what time the Aid should arrive that they might be provided And further that the said Duke did receive Letters from the said Pope with Promise of the said Aid And also that he did send Comfort to the Lord Ferris and other Scots the Queens Enemies c. Which Indictment being read Mr. Sandes said to the Duke How sayest thou Thomas Duke of Norfolk art thou guilty of these Treasons or not guilty Duke The hearing of this Indictment gives me occasion to make Request which I did not intend to have done Which is to have Council Assign'd me if the Law will permit it Catlin You must have none Duke That 's very severe I was told the Indictment was only concerning matters contain'd in the Statute of the 25th Edward the III. I have had very short warning not more than 14 hours night and all I am no Lawyer and there is many circumstances in which I must submit my self to the Opinion of the Justices I could not have
a sudden and may through the defect of Memory and the surprise of an accused Innocence omit that which might be easily answer'd It was very unlikely and extreamly untrue that I should deal with the Pope I had rather be drawn in pieces with wild Horses than change from that Faith which I was brought up in from my Youth and for Landing an Army at Harwich it is well known how impossible it is for an Army to March in that Country which is all Ditches and Woods If I had design'd such a matter I would have made Provision of Arms and Powder I have not bestow'd 10 l. of any Armour these ten years except it were eight Corslets of proof I have no Cullivers in my House and I am sure not three Barrels of Powder And if I had design'd any such thing I would have been provided otherwise than I was neither would I have sent Barker of such a Message but rather have Trusted my Hand to the Letters than to have put Words into his Mout◠〈◊〉 being one of no Credit with me and if I woul◠〈◊〉 fram'd such a Message I would sooner have 〈…〉 Banister than 20 Barkers Then was shew'd a Letter from the Bishop o◠〈◊〉 to the Scottish Queen about the Marriage there was also a Letter from the Duke to Radolph written with Okier since he was in the Tower bidding him burn the Bagg of Letters which Barker had put in a certain place and to lay up Ross's whom the Law could not touch because he was an Ambassador Duke I had heard that he had Accused divers and when I perceiv'd there was such Searching I gave that advice for avoiding of Trouble though the Letters were insignificant There was also a Letter from the Duke which express'd that he could not be charg'd with any Crime and if he lov'd his Life he should take heed whom he Accus'd Duke By which my Innocence appears Brumly shew'd Letters from Radolph sent by Bayley Ross's Servant by which it appear'd that the Duke D' Alva lik'd the matter and enquir'd how far Harwich was from London Brumley further said the whole Conspiracy was open'd at Antwerp to the Ambassador of a Forreign Prince who acquainted his Master who had written the whole Discourse to the Queen which because it concern'd others as well as the Duke should only be open'd to the Lords of the Privy Councel Duke This is a Mystery that I know not how to Reply to unless that part of it which concern'd me were discover'd Then Mr. Milbourn made a formal Discourse for the Credit of the Depositions of the Duke and others Duke I know not how to come after so smooth a Tale as the Attourney of the Court of Wards has told yet he reflects nothing what fear and promis'd Reward might prevail upon Timerous and Mercenary minds But I refer you unto Bracton for Discrediting and disproving those Witnesses Catlin In such Matters and Cases of Treason the Depositions of Strangers may be taken and it lyes in the Breasts of the Peers to Credit the same as they shall see Cause and to proceed to the second point of Treason specified in the Indictment which was the Aiding the Rebels after they were fled Duke There is little danger in a discern'd Enemy yet I never reliev'd any of them Catlin Then for the third point of Treason contain'd in the Indictment for Assisting the Scottish Rebels the Queens Enemies by Letters from the Duke to Banister and from Banister to Luddington and from Luddington to Radolph and by the Examination of Banister and by the Bag of Money deliver'd to Sherbury with Letters in the same Bag as it was before declar'd by Mr. Gerrard Duke I desire the Opinion of the Judges If the Subjects of another Prince the Prince not being in War with the Queen may be accounted the Queens Enemies Catlin That might well enough be seen for the Queen might make War with a Duke in France and have Peace with the French King Shrewsbury have you ought else to say Duke I depend upon Truth and Innocence which I hope will out-weigh the Malice and Artifice of my Enemies and I also hope my Judges will consider the Invalidity of the Evidence against me the persons being of no Credit nor Reputation And for the Marriage I Treated in it with the Queens Consent and Appointment and afterwards suspended it though several Letters and Arguments were directed to me concerning it Shrewsbury Lieutenant of the Tower withdraw the Prisoner a while then was Silence Proclaim'd Shrewsbury My Lords here you have heard that Thomas Howard Duke of Norfolk has been Indicted of divers points of Treason and has Pleaded not Guilty and has put himself upon the Tryal of God and his Peers You are now to Consider upon the whole Evidence which you have heard whether he be Guilty or not Guilty and to speak your minds upon your Honours and Consciences and so bid them withdraw together and return as soon as they could which they did to a place for that purpose where the Chancery is now kept and there consulted in the sight of all Then the Lords being Return'd and sat in their places the Earl of Shrewsbury Lord High Steward of England commanded the Duke to be plac'd further out of Hearing of them then he ask'd aloud first to the youngest Lord saying what say you my Lord De la Ware is Thomas Duke of Norfolk guilty of these Treasons yea or no who standing up answered Guilty then the same was ask'd of all the Barons and Earls one after another beginning at the Youngest and so to the Eldest in Degree and all said Guilty Then the Lord High Steward commanded the Prisoner should be brought to the Bar who being plac'd the Earl of Shrewsbury Lord High Steward said Thomas Howard Duke of Norfolk thou hast been Accused of divers Treasons and hast Pleaded against all not Guilty and hast put thy self upon God and this Peers who have all declar'd thee Guilty what can'st thou say now that Judgment may not proceed against thee Duke The great God and my own Innocence be between me and my False Accusers Then was there a profound Silence a good while after which the Tower Axe was turn'd towards the Duke Burham May it please your Lordship to understand That Thomas Howard late Duke of Norfolk has been Indicted of several Treasons and hath thereunto Pleaded not Guilty and thereupon hath put himself upon the Tryal of God and his Peers and they have found him Guilty I am therefore to pray your Judgment in the behalf of our Gracious Soveraign Lady the Queen Shrewsbury Thou Thamas late Duke of Norfolk hast been Indicted of several Treasons and thereunto hast Pleaded not Guilty and hast put thy self upon the Tryal of God and thy Peers and hast been by them found Guilty Therefore our Court and the Queen doth Award That thou shalt be lead from hence to to the Tower and thence to be drawn through the
midst of London to Tybourn and there to be Hang'd until thou art half Dead thy Bowels to be taken out and Burnt before thy Face thy Head to be Cut off and thy Body quarter'd and thy Head and Quarters to be at the Queens Will and Pleasure and our Lord have Mercy on thy Soul Duke You have said unto me as unto a Traytor God forgive you and wash my Innocent Blood from your Souls that it rise not in Judgment against you I condemn not you and yours I die no Traytor but a True man both to my Queen and Country And since you have put me out of your Company I hope to go where I shall find much better who will regard that Innocence which you have rejected I am at a point never to beg for Mercy where I have no Guilt but the Suit I have to you my Lords is that you will move the Queen to be good to my Children and Family and to see the Discharge of my Debts Thus fell that Illustrious Prince whose greatness in Estate and Title was his only Crime for being of an Antient and Splended Family the Blood-Royal of England and France not being out of his Veins and being Allyed to all the Considerable Families of England and having an Estate to support that Greatness of a hundred thousand Pounds a year Besides the Fortunes he obtain'd by his Marriages which was also very large All his Paternal Estate was dispos'd of by the Queen without regard to the Innocence of his Children the hard measure of his Accusations and his Obedience which led him to the pursuit of Her Commands upon all occurrences Which Estate as it is divided and Improv'd is valu'd at five hundred thousand Pounds a year My Lord of Leicester who was the Leading man at that time and sat with watchful Diligence at the Helm which he manag'd as his Interest or Passion inspir'd him First propos'd the Marriage of the Queen of Scots to the Duke of Norfolk which he refus'd till importun'd by the Perswasions of those that appear'd to be his Friends and assur'd by a Letter under Queen Elizabeths own Hand of Her Consent all which ensnar'd him till the Consummation of the Marriage which was made evident by a Letter kept long in the Family from the Hands of the Queen of Scots in which she Subscrib'd her self Your most Obedient Wife Mary of Scotland and Norfolk And this great Family thus Eclips'd remain'd under the Cloud of a severe Deprivation till the last King Charles of Blessed Memory restor'd them to their former Titles and Dignities that excellent Prince considered their long and silent Sufferings with what forwardness most of them engag'd their Lives and Fortunes in the Service of his Royal Father there being but two of all that great and numerous Family that drew a Sword against their King may those two be Bury'd in the dull ashes of Oblivion for ever and wip d out of our way as perhaps they are out of the Book of Life A Brief Account of the Noble Family of the HOWARDS THe Family of the Howards came into England with the Saxons being from a vast length of time very considerable in that Country having the Title of Barons and the Name in that Language being Hoffwerd as some Antient Books there Testify which signifies the chief Office in the Court William the Conquerour found them in a great Condition of Estate and Quality here according to the Mode and Method of those Times bearing Distinctions proper to Barons They continued most Eminent in their Country and link'd themselves into the greatest Families in the Kingdom as with all Evidence appears behold here A Brief Account of the Descent of the Dukes of NORFOLK THomas of Brotherton second Son of King Edward the First by Margaret of France his second Wife was Earl of Norfolk and High Marshal of England whose Daughter and Heir being Married to John Lord Segrave was created Dutchess of Norfolk and Elizabeth their Daughter and Heir being Married to John Lord Mowbrey was Mother to Thomas Mowbrey created Duke of Norfolk by King Richard the Second in the year one thousand three hundred ninety seven and first Earl-Marshal of England Which Thomas by Elizabeth his Wife Sister and Heir of Thomas Fitz-Allen Earl of Arundel was Father of John Mowbrey Second Duke of Norfolk and of Margaret his Eldest Daughter Wife to Sir Robert Howard Knight whose Son John Mowbrey the Third Duke of Norfolk was Father of John the Fourth Duke of Norfolk whose Daughter and Heir Dying without Issue in the Reign of King Edward the Fourth The Honours and Lands of Mowbrey were divided between John Lord Howard Son of Sir Robert Howard and Margaret Mowbrey who was Created Duke of Norfolk by King Richard the Third and William Lord Berkley Son of Isabella Second Daughter of Thomas Mowbrey First Duke of Norfolk This John Lord Howard Duke of Norfolk was slain at the Battle of Brosworth one thousand four hundred eighty five and Attainted leaving Thomas Howard Earl of Surry his Son Who in the fifth year of King Henry the Eighth was Restor'd Duke of Norfolk and Dying Thomas Howard his Son was Duke of Norfolk and Father of Henry Earl of Surry who was Beheaded the last of Henry the Eighth which Henry Earl of Surry was Father of Thomas Howard Duke of Norfolk who was Beheaded and Attainted for the Marriage of the Queen of Scots the Fourteenth year of Queen Elizabeth whose Son Philip Earl of Arundel in right of the Mother dyed in the Tower his Son Thomas the great Lord Marshal whose memory is a lasting Honour to his Family left his Son Henry of unblemish'd Honour and Reputation also whose Son Thomas was restor'd by the last King Charles the Second of Happy and Glorious Memory to the Dignity of Duke of Norfolk whose Brother Henry surviv'd him and left two Sons Henry the present Duke of Norfolk and the Lord Thomas Howard who hath Issue This flourishing Family has spread it self into many Eminent Branches as the Lord Viscount Stafford the Earls of Suffolk and Barkshire the Lord Escrick the Earl of Carlile and the rest of the Descendants from the Lord William Howard of Naworth whose Memory is to be preserv'd as Sacred in the Family who for Wisdom Virtue and Honour was the Glory of his Time he was Third Son of Thomas Duke of Norfolk whose Tryal and Unfortunate Death you have here had a view of the Sons of which Lord William Howard were men of great Honour and serv'd their King with their Lives and Fortunes his Second Son Sir Francis Howard having raised a Regiment at his own proper Charge and suffer'd a long Imprisonment in the Tower Collonel Thomas Howard the Fourth Son of the Lord William also raised a Regiment for King Charles the First of Sacred Memory and Bravely lost his Life at the Head of it having refus'd very Advantagious Conditions from the King of Portugal who had invited him into his Service