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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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tending to the hurt of her Majesties Royal Person by any person or with the privity of any person that shall or may pretend Title to the Crown of this Realm THAT then by her Majesties Commission under her Great Seal the Lords and other of her Highnesses Privy Council and such other Lords of Parliament to be named by her Majesty as with the said Privy Council shall come up to the number of four and twenty at the least having with them for their assistance in that behalf such of the Judges of the Courts of Record at Westminster as her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by vertue of the Act have Authority to Examine all and every the offences aforesaid and all circumstances thereof and thereupon to give sentence or judgment as upon good proof the matter shall appear unto them And that after such sentence or judgment given and declaration thereof made and published by her Majesties Proclamation under the Great Seal of England all persons against whom such sentence or judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all her Highnesses Subjects shall and may lawfully by vertue of this Act and her Majesties direction in that behalf by all forcible and possible means pursue to death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked act attempted or other thing compassed or imagined against her Majesties Person and all their Aiders Comforters and Abettors And if any such detestable act shall be executed against her Highness most Royal Person whereby her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by vertue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or any other her Highnesses Dominions any former Law or Statute to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other her Majesties Dominions shall and may lawfully by vertue of this Act by all forceable and possible means pursue to the death every such wicked person by whom or by whose means any such detestable fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any assenting or privy to the same and all their aiders comforters and abettors in that behalf And to the end that the intention of this Law may be effectually executed if her Majesties Life be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid that the Lords and others which shall be of her Majesties Privy-Council at the time of such her decease or the more part of the same Council joyning unto them for their assistance Five other Earls and Seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of her Majesties death or in default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of her Highnesses decease to supply their places or any Four and Twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy-Council shall to the uttermost of their power and skill examine the cause and maner of such her Majesties death and what persons shall be any way Guilty thereof and all circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forceable and possible means prosecute to death all their Alders and Abettors and for the doing thereof and for the withstanding and suppressing all such power and force as shall be any way levied or stirred in disturbance of the due execution of this Law shall by vertue of this Act have power and authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied and stirred in disturbance of the due execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the effect and true meaning of the same that then every such person shall by vertue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further enacted by the Authority aforesaid That all and every the Subjects of all her Majesties Realms and Dominions shall to the uttermost of their power aid and assist the said Council and all other the Lords and other persons to be adjoyned to them for assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor hereof any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one uniform manner of writing under their hands and Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious actions and attempts against her Majesties most Royal Person Now for the full explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any Sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it declared and enacted by the Authority of this present Parliament that the same Association and every Article and Sentence therein contained as
about the Scaffold went a Rail half a Yard high round covered with black Cotton so was her Stool the Boards and the Block and a Pillow to kneel upon There did sit upon the Scaffold the two Earls the Sheriff stood and the two Executiones When they were placed Mr. Beale Clerk of the Council did read her Majesties Commission aforesaid under the great Seal after which the Dean of Peterborough by direction of the Lords being provided began to speak unto her for her better preparation to die as a penitent Christian in the true faith of Christ But when he began his exhortation she staid him immediately refusing to hear him and said she had nothing to do with him nor he with her for she was settled in the Catholick Roman Faith which she would die in Then the Earl of Kent willed Mr. Dean to pray for her that if it might stand with Gods Will she might have her heart lightned with the true knowledg of God and die therein which was pronounced by him accordingly and followed of the beholders All which while she having a Crucifix of white bone between her hands prayed in Latin very loud prayer being ended she kneeled down and prayed to this effect for Christs afflicted Church and an end of their troubles for her Son for the Queens Majesty that she might prosper and serve God and confessed that she hoped to be saved only by the blood of Jesus Christ at the foot of whose Crucifix she would shed her blood that God would avert his plagues from this Island that God would give her grace and forgiveness of her sins Then she rose up and was by both the Executioners disrobed She said she was not wont to be undressed by such Grooms and desired to have two of her Gentlewomen to unrobe her the which was granted and being stripped into her Petticoat which being done she kissed her women and willed them not to cry for her but to rejoice and lifted up her hand and blessed them and also her men not standing far off Then she kneeled down most resolutely without all fear of death and after one of her women had knit a Kerchew before her eyes she spake aloud the Psalm in Latin In te Domine confido non confundor in eternum Justitia tua libera me Then lay she down and stretched out her body and her neck upon the Block she cryed In manus tuus Domine c. and so received two stroaks The people cryed God save the Queen and so perish all Papists and her Majesties enemies All things were taken from the Executioners and not suffered to have so much as the Aprons before they were washed the Blood and Cloaths and whatsoever was bloody was burned in the fire made in the Chimney in the Hall and by the Scaffold The whole discourse of the Arraignment of Philip Howard Earl of Arundel the 18th day of April 1589. and in the 31st year of the Reign of Queen Elizabeth FRom the outward Bar in the Kings-Bench was there a Court made of Thirty Foot square within which was a Table of Twelve Foot square The form of the Scaffold covered with Green Cloth and in the same Court were Benches to sit upon covered with Green Say in the midst of the same Court at the upper end was placed a Cloth of State with a Chair and Cushion for the Lord Steward from the midst of the same Court to the midst of the Hall was built a Gallery for the Prisoner to come upon to the Court in length One Hundred and Ten Foot and in breadth Fifteen Foot and in height from the ground Six Foot railed round about and going down with Seven Steps Between Eight and Nine of the Clock in the morning the Earl of Derby Earl of Derby Lord Steward Lord Steward his Grace entered the Hall attended on by divers Noblemen and Officers Four Serjeants at Arms with their Maces waiting before him next before his Grace the Earl of Oxford Lord great Chamberlain of England My Lord of Derby's Grace being seated in his Chair of State every Nobleman was placed in his degree by Garter King of Heraults At his Graces feet did sit Mr. Winckefield one of her Majesties Gentlemen-Ushers holding a long white Wand in his hand being accompanied with Mr. Norris Serjeant of the Garter Before them did sit Mr. Sands Clerk of the Crown of the Kings-Bench Opposite against my Lord's Grace did sit the Queens Majesties Learned Council viz. 1. Sejeant Puckering 2. Serjeant Shettleworth 3. Mr. Popham the Queens Attorney-General 4. Mr. Edgerton the Queens Solicitor The Names of the Commissioners on the right hand sitting upon a lower Bench under the Lords of the Jury 1. SIR Francis Knowles Knight Treasurer of the Houshold Commissioners on the right hand 2. Sir James Acrofte Knight Controler of the Houshold 3. Sir John Parrat one of her Majesties most Honourable Privy-Council 4. Mr. Woolley Secretary of the Latin tongue of the Privy-Council 5. John Fortescue Master of the Wardrobe and of the Privy-Council 6. Dr. Dale one of the Masters of Request to her Majesty 7. William Fleetwood Serjeant at Law and Recorder of London 8. Mr. Rockby Master of Requests and Master of St. Katherines The Names of the Comissioners on the left hand 9. THE Lord Chief Justice of England 10. The Master of the Rolls Commissioners on the left hand 11. The Lord Chief Justice of the Common Pleas. 12. The Lord Chief Baron of the Exchequer 13. Justice Perryman of the Common Pleas. 14. Justice Gamdy of the Kings Bench. The Serjeant at Arms usually attendant on the Lord Chancellor named Roger Wood was commanded to make on O Yes Three times Roger Wood. Cryer Then Mr. Sands Clerk of the Crown read the Commission And Sir Francis Knowles Knight gave up the Verdict of the great Assize Verdict Then was called Mathew Spencer Serjeant at Arms to return his Precept which was returned and read After that the Noblemen and Peers of the Jury for his Tryal were severally called by their Names as followeth 1. William Lord Burleigh Lord Treasurer of England 2. Edward of Oxford Lord great Chamberlain of England 3. William Lord Marquess of Winchester 4. Henry Earl of Kent 5. Henry Earl of Sussex 6. Henry Earl of Pembrook 7. Edward Earl of Hartford 8. Henry Earl of Lincoln 9. Henry Lord Hundsdon Lord Chamberlain of her Majesties Houshold 10. Peregrin Lord Willoby and Earsby 11. Lord Morley 12. Lord Cobham 13. Arthur Lord Gray 14. Lord Darcy of the North. 15. Lord Sands 16. Lord Wentworth 17. Lord Willoughby of Parham 18. Lord North. 19. Lord Rich. 20. Lord St. John of Bletsoe 21. Lord Buckhurst 22. Lord De La Ware 23. Lord Norris Then the Lieftenant of the Tower was called to return his Precept and to bring forth his Prisoner Philip Earl of Arundel The Earl came into Lieftenant the Hall being in a wrought Velvet Gown furred about with
rose up and pulled of his Velvet Gown his Black Sattin Doublet and his Velvet Night-cap and gave them to His Apparel given to the Executioner the Executioner and being in a White Fustian Wastcoat he said to Mr. Dean of Pauls this is the White Sattin Doublet I made to die in which the Preacher did speak of and so kneeling down at the Block he laid down himself and did rise again and did lay the Straw and other things in such sort Block as he might in a more convenient manner yield himself for the speedier Execution this done his Eyes and Hands lifted up Mr Dean desired the People of silence and said Now all together with one voice pray for him saying Mr. Dean Lord Jesus receive thy Soul The Duke yielding himself to the Block refusing to have any Hankerchief before his Eyes his Head was by the singular dexterity of the Executioner with the appointed Ax at one Chop cut off and shewed to all the People Head cut off Thus he finished his Life and afterwards his Corps were put into a Coffin appertaining to Barking Church with the Head also and the Burial-Cloath laid over him and so was carried by four of the Lieutenants men and was buried in the Chappel of the Tower by Mr. Dean of Pauls 1572. THE EXAMINATION OF MARY Queen of SCOTS LYING AT Fotheringhay-Castle BY THE LORDS OF Her MAJESTIES most Honourable PRIVY COUNCIL AND OTHER COMMISSIONERS Appointed for that purpose for the Hearing of the same Anno Dom. 1586 VIZ. UPon Wednesday the twelfth of October 1586. the Lords Commissioners for the hearing of the Scotish Queen came to the Castle of Fotheringhay in the County of Northampton about nine of the Clock in the Morning at which time in the Chappel of the said Castle the Dean of Peterborough preached before them And from thence they sent Sir Walter Mildmay and Sir Amias Pawlet Governor of the House to the Scotish Queen to know whether she would appear There was delivered unto her a Letter from Her Majesty to that effect After which Summons she refused to appear and so stood all that day tho often required thereunto by some of the Commissioners sent unto her Upon Thursday they went unto her into her Lodging the Lord Chancellor the Lord Treasurer the Earls or Oxford Shrewsbury Kent and Worcester Viscount Mountague Lord Zouch Gray and Lomley Sir Ralph Sadler Sir James Acrofter Mr. Vice Chancellor Sir Amias Pawlet the two Chief Justices of England Doctor Dale and Doctor Ford with Barker and Wheeler Notaries who remained with her almost two hours signifying that if she would not come forth before the Commissioners they would proceed against her according to their Commission But that whole day was spent in Council and sending in unto her Upon Fryday in the Morning she resolved to appear And so about nine of the Clock came forth into the Presence Chamber prepared and hanged with Cloth 〈◊〉 ●tate in the upper part and down along both sides stood Forms covered with Green for the Lords first Earls on the right side and Barons on the left Somewhat below the midst of the Chamber was a Bar within which Bar there was set a Form for the Knights of the Privy Council and before their Forms a Chair with a Cushion and a Foot-carpet for the Queen of Scots directly against the State In the middle of the Chamber was a Table whereat sat the Queens Attorney and Solicitor the Queens Serjeants the Clerks of the Crown and the Notaries Directly above that Table in the middle of the Chamber were Forms set whereon sat on the right side the Lord Chief Justice of the King's Bench the Lord Chief Baron Doctor Dale and Doctor Ford Over against them sat the Lord Chief Justice of the Common Pleas Justice Clench and Justice Perrain Below the Bar such Gentlemen as came to see the Action The right side of the Lords The left side of the Lords 1. The Lord Chancellour 14. The Lord of Aburgevenny 2. The Lord Treasurer 15. The Lord Zouch 3. The Earl of Oxford 16. The Lord Morley 4. The Earl of Kent 17. The Lord Stafford 5. The Earl of Darby 18. The Lord Gray 6. The Earl of Shrewsbury 19. The Lord Lomley 7. The Earl of Worcester 20. The Lord Sturton 8. The Earl of Rutland 21. The Lord Sands 9. The Earl of Comberland 22. The Lord Wentworth 10. The Earl of Warwick 23. The Lord Mordaunt 11. The Earl of Lincoln 24. The Lord St. John of Bletsoe 12. The Earl of Penbrook 25. The Lord Compton 13. The Viscount Mountacue 26. The Lord Cheyney Knights Knights 27. Sir Walter Mildmay 29. Sir Francis Walsingham 28. Sir Ralph Sadler 30. Sir Christopher Hatton 31. Sir James Acrofte The Lords being thus sat and all things ready the Queen was brought First day Lords sit Queen of Scots in having a way or Lane made from her Lodging Door which was in the lower Corner of the Chamber with Halberts She was in a black Gown covered over with a white Vail of Lawn a very Her attire tall and big woman being lame and supported by Melvin her Gentleman Supperted and her Physitian one of her Women carried up her Train and three other attended on her one of her Servants brought her a Chair and a Cushion covered with crimson Velvet a little before her coming in her Chair Chair was removed from the bottom of the Chamber to the upper part below the State and set as it were corner-wise towards the Lords and Barons Then silence being made the Lord Chancellour stood up and being uncovered he spake to this effect Silence Lord Chancellour named Sir Tho. Bromeley Madam the Queen being strongly informed of sundry practices by you made against her hath caused this meeting as hath been signified unto you you have read the Queens Letters certifying the same and I must say thus much unto you from her Majesties Mouth that having born so many things at your hands she cannot forbear any longer to proceed against you not for the peril may fall upon her self for God she trusteth who hath ever defended her will still deliver her from them But there dependeth more upon it she seeth that you are made a foundation of all practices against her and if she should forget it she should neglect the cause of God and bear the Sword in vain It is not Malice Madam nor regard of her Person that causeth her to do it And albeit she might otherways proceed against you yet she hath dealt thus in honour towards you that you should be heard and speak for your self The Queen answered to this effect by way of Protestation that Queen of Scots she was a free Prince and born a Queen not Subject to any but to God to whom she must give accompt and therefore that her appearing should not be either prejudicial to Kings or Princes nor Allyes nor her Son and thereupon desired an