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

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the Tower and that he had Mass in the Tower and that if the Spaniards should surprize the Tower Sir Owen Hopton should be put to the Rackhouse Proved He was also charged that divers Papists Seminaries and such like being Prisoners in New gate and other Prisons reported that they hoped to see the Earl of Arundel King of England and that Cardinal Allen should direct the Crown of England Proved Before the coming of the Spaniards Fleet when our Commissioners were in the Low-Countries news was brought to the Tower that we should have peace betwixt Spain and England then would my Lord of Arundel be pensive When the Spanish Fleet was upon our Coast and Newes was brought to the Tower that the Spaniards sped well then the Earl would be merry Then when News came the English Fleet sped well the Earl would be Proved sorry When News came the Spanish Fleet was come upon the Coast of Kent Proved my Lord said it is a great Wood and a puissant Fleet we shall have lusty play shortly I hope we shall plague them that have plagued us My Lord said he would not fight against any that came to fight for the Proved Catholick Faith He said when the Spanish Fleet was at Sea he would have Three Masses a a day for the happy success of Spain 3 Masses a day Proved Continual Prayer for Spain He said also he would have continual Prayer without ceasing for a time for the good success of Spain viz. he would have every 24 hours 5 Priests to pray two hours a piece for the defect of Lay-men and 14 Lay-men to pray every one an hour a piece for the happy and fortunate success of Spain Proved He made himself a special Prayer for that purpose and caused Copies thereof in haste to be made Proved Mr. Shelley then Prisoner in the Tower told my Lord that to exercise that Prayer were dangerous and wished my Lord to let it alone Therefore Shelley my Lord called for the Copy of the Prayer again and would not have it Copied He was charged that he did conjure Sir Thomas Gerrard Knight to keep Proved Sir Thomas Gerrard Proved Counsel in all these matters before set down who promised him he would Bennet also promised to keep his Councel and divers others Then were Sir Thomas Gerrard Mr. Shelly Bennet the Priest and divers Proved Bennet Prisoners removid others removed from the Tower to several other Prisons and upon Examination confessed all as aforesaid My Lord hearing all these matters laid hard against him by Mr. Sollicitor grew into some Agony and called for his Accusers face to face which the Learned Counsel did not yet yield unto Earl He was likewise charged that he came once meerly to Bennet the Priest in the Tower saying Come Mr. Bennet let us go pray that the Spaniards may beat down London-Bridge and promised to give him a Damask Gown shortly and that he hoped to make him Dean of Pauls ere it were long that the time of their delivery was at hand and willed them in any wise to be secret for if he should reveal these things he would deny them to his face When News came to the Tower that the Spanish Fleet was driven away my Lord said We are all undone there is no hope for us this year and the King of Spain cannot provide such a power again this five or six years The Earl is sorry for this News some of us may be dead and rotten ere that time There were then brought into the Court vivâ voce upon their several Oaths Anthony Hall and Richard Young a Justice of the Peace who aimed something by hearsay to the proof of the former matters Witnesses Also Sir Thomas Gerrard William Bennet Tuchnon Snoden and Ithel and divers others were closely kept in a place over the Kings Bench closed in Prisoners to witness with Arras and were thereupon severally called into the Court vivâ voce upon their several Oaths to affirm that which is specified before Sithence Mr. Sollicitor began to speak at this Marke Bennet the Priest was charged with a Letter written to my Lord wherein he should be sorry for the opening of these matters as aforesaid against my Lord. One Randal had writ this Letter in Bennets name by advice of my Lord of Arundel to blind his practises Bennet openly denyed the writing of Lord Gray that Letter whereupon my Lord Gray and my Lord Nroris asked Bennet Lord Norris if he knew of the Letter yea or no for their better evidence Bennet confessed he had been moved to such a matter but he did it not Against Sir Thomas Gerrard my Lord stood very stoutly in denyal of what he witnessed willing him to look him in the face and charging him as he would answer before God in whose presence he spoke to tell nothing of him but Truth In Answer whereof Sir Thomas referred himself to his Depositions before read to which he said he was sworn yea twice sworn There were called into the Court two Witnesses more viz. one Walton and one Church who justified Letters were brought from England to Walton Church and Hill Rehnes where they both were which Letters were sent by one Hill one of my Lords Faction that the Earl of Arundel should be General of the Catholicks when the Tower should be surprized To Walton my Lord took exception affirming that he was a naughty leud Fellow who had sold that little Land he had to three several men and of the other Witnesses he said that some were attainted some Indicted bad men and Prisoners and that their words were worth little credit Then said Mr. Popham they were never tortured but confessed all this Popham willingly and they are such as you have accompanied Here ended every man his Speech and the Noble-men and Peers of the Jury The Jury went together My Lord humbly having submitted himself to the consideration of his Peers with protestation of Loyalty the Lieutenant brought him from the Bar unto a Seat near unto the Court of Common Pleas where the Warders attended upon him My Lord Steward likewise withdrew himself a little while as it seemed Lord Steward to take some Refection having all the day for the time of this business forborn to eat any thing and presently returned to his Seat of State Within one hour after the Noble-men of the Jury came every one back and were again placed by Garter King of Heraulds Then Mr. Sands asked every man of the Jury severally beginning at my Lord Norris the youngest Baron and proceeding to my Lord Treasure the Fore-man whether the Prisoner were guilty yea or no. Which every one of them laying their hands upon their hearts did protest Verdict in their Consciences and upon their honours that he was guilty Then was the Lieutenant called to bring his Prisoner to the Bar who was brought accordingly attended as before Then said Mr. Sands unto him that he had been indicted of several Treasons Mr. Sands and that he had put himself upon the Tryal of his Peers who had found him guilty and therefore asked why Judgment should not be given against him Whereupon my Lord making three very low Obeysances upon his knees Earl did humbly submit himself to my Lord Steward his Grace and the favours of the rest of the Nobles and Peers there present and besought them to be Mediators for him that he might obtain at her Majesties hands to have order taken for his debts and to have Conference with his Officers and to talk with his wife and to see his Infant born after his Imprisonment whom he had never seen Then my Lords Grace pronounced judgment viz. that he should be conveyed to the place from whence he came and from thence to the place of Judgment Execution and there to be hanged until he were half dead his members to be cut off his bowels to be cast into the Fire his head to be cut off his quarters to be divided into four several parts and to be bestowed in four several places and so said my Lord Steward the Lord have mercy on thy Soul To this the Earl of Arundel said as it were softly to himself Fiat voluntas Dei And so having made a low Obeysance to the State the Lieutenant took him away Mr. Shelton going before him with the Edge of the Axe towards him Then was there an O Yes made by the Serjeant at Arms and the Court together with my Lord Stewards Commission dissolved which done my Lord of Darby took the whitewand out of Mr. Winckfields hand and broke the same in pieces and every man cryed God save the Queen FINIS
than consenting to that therefore if he loved his Life he should take heed whom he accused Mr. Bromley the Queen's Sollicitor General shewed Letters of Radolphe Bromley sent by Rosses Servant to Charles Bayliffe by the which it appeared how the Duke of Alva liked the matter and how he enquired how far Harwich was from London Also he shewed the Pope's Letters dated the fourth day of May containing Answer of the Letters sent by the Duke And he further opened how the whole Course of Conspiracy was opened in Antwerp to an Ambassador of a Forein Prince who thereof certified his Lord and that Forein Prince brought the whole Discourse to the Queen's Majesty which because it touched others as well as the Duke it should be opened to the Peers when they were assembled together by those that were of the Queen's Council Then Mr. Wilbrome made an excellent Discourse for the Credit of the Depositions of Rosse and other the Servants of the Duke Wilbrome To which the Duke answered That he could hardly come after so smooth a Tale as the Attorney of the Court of Wards could tell But yet said he Duke in all his Tale he touched nothing what Fear could do And further cited Bracton for the disproof of those Witnesses Catlin the Lord Chief Justice answered that in such Cases and matters Catlin of Treason the Depositions of Strangers might be taken and it lay in the Peers to credit the same Then they proceeded to the second Point of Treason contained in the Indictment Which was to prove the Aid of the Rebels after they fled Which was proved by Order given by the Duke to distribute amongst them his great Reward whereof the Earl of Northumberland had part and the Countess of Northumberland and the residue had other parts Then was shewed a Letter of the Countess of Northumberland of thanks A Letter for the same Then the Third Point of Treason was the Aiding of the Scotish Rebels the Queen's Enemies Which was proved by a Letter written by the Duke to Banister and also by the Examination of Banister and the Delivery Banister of the Money to Browne of Shrewsbury and the Earls Letter with the same Browne To which the Duke required the Opinion of the Judges whether the Subjects of another Prince that Prince being in League with the Queen may Duke be accounted the Queen's Enemies The Lord Catlin answered that they might well enough as the Queen Catlin may War with any Duke in France and have Peace with the King Then said the Lord Steward to the Duke Have you any thing else to Lord Steward say Then said the Duke I trust to Law and Right Duke Then said the Lord Steward Lieutenant of the Tower withdraw your Prisoner from us a while Lord Steward Lieutenant Then was O yes made and Silence proclaimed and the Lord Steward said O yes You my Lords here have heard how that Thomas Duke of Norfolk hath been Lord Steward indicted of divers Points of High Treason and he hath hereunto pleaded Not Guilty and did put himself upon the Tryal of God and You his Peers You are now therefore to consider of his whole Indictment which you have heard whether he be Guilty or not Guilty and thereon say your minds upon your Honours and Consciences And so he willed them to depart together and return so soon as they could and so they departed to a place for that purpose where the Chancery is kept and there they conferred in the sight of all that were in the Hall and when they returned to sit in their places the Earl of Shrewsbury commanded the Duke to be had further out of hearing Earl of Shrewsbury Then he asked the youngest Lord how say you my Lord De Laware is Thomas Duke of Norfolk Guilty of these Treasons that he hath been Indicted of yea or no and he standing up in his place answered Guilty and the like question was asked of all the Lords severally one after another and every one answered Guilty Then was the Lieutenant willed to bring his Prisoner to the Bar again Lieutenant who being put in his place The Lord Steward said Thou Thomas Duke of Norfolk hast been Indicted Lord Steward of several points of High Treason and hast pleaded thereunto not Guilty and hast put thy self upon Tryal of God and thy Peers who have all found thee Guilty what canst thou say why Judgment should not be given accordingly The Duke answered the Lords will be done God be Judge between Duke me and my false accusers There was made a pawse a good while and forthwith the edge of the Ax of the Tower was turned towards him Then said Mr. Barnham to the Lord Steward may it please your Grace to understand how Thomas Duke of Norfolk hath been Indicted of several Barnham Treasons and hath pleaded not Guilty and did put himself upon Tryal of the Peers who have found him Guilty I am therefore in the behalf of our Sovereign Lady the Queen to pray Judgment Then said the Lord Steward whereas thou Thomas Duke of Norfolk Lo. Steward hast been Indicted of several Treosons and hast pleaded thereunto not Guilty and didst put thy self upon Tryal of thy Peers who have found thee Guilty Therefore the Court doth award That thou shalt be had from hence to the Tower and from thence to be laid upon a Hurdle and drawn through the midst of the City to Tyburn and there be Hanged until thou be half dead and then thy bowels to be taken out and burned before thy Face thy Head to be cut off and thy Body to be quartered and thy Head and Quarters to be at Queens Majesties pleasure and the Lord have have mercy on thy Soul Then said the Duke You have said to me as unto a Traytor but I Duke trust to God and to the Queen and forasmuch as I am excluded your company I trust to be where I shall find better company I am at the point I will never sue for mercy Yet one suit I have to you my Lords that it will please you to move the Queens Majesty to be good to my poor Children and to my Servants and to pay my Debts Then the Lieutenant was commanded to have him away and Proclaamation Lieutenant was made that every man should depart in Gods Name and the Peace of the Queens Majesty And then the Lord Steward brake his Rod and so all ended 1571. Lord Steward The Confession and End of Thomas Duke of Norfolk beheaded at the Tower-Hill the Second Day of June Anno Dom. 1572 as followeth c. IT is not rare good People to see a man come to die although thanks be to God since the beginning of the Queens Majesties Reign in this Duke place hath not been any But since it is my Fortune to be the first I pray God I may be the last