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
stirring on this side before you be sure of sufficient Forrein Forces that were but for nothing to put our selves in danger of following the miserable fortune of such as have heretofore travelled in the like Actions and if you take me out of this place be well assured to set me in the midst of a good Army or some very good strength where I may safely stay till the assembly of your Forces and arrival of the said Forrein succors It were sufficient cause given to the Queen in catching me again to inclose me in some hold out of the which I should never escape if she did use me no worse and to pursue with all extremity those that assisted me which would grieve me more than all the unhappiness might fall upon my self Earnestly as you can look and take heed most carefully and vigilantly to compass and assure all so well that shall be necessary for the effecting of the said enterprise as with the grace of God you may bring the same to happy end remitting to the judgment of your principal friends on this side with whom you have to deal therein to ordain and conclude upon this present which may serve you for an overture of such propositions as you shall amongst you find best and to your self in particular I refer the Gent. aforementioned to be assured of all that shall be requisite for the intire execution of their good wills I leave their common resolution to advice in case the design do not take hold as may happen whether they will or no do not pursue my transport and the execution of the rest of the enterprise But if the mishap should fall out that you might not come by me being set in the Tower of London or in any other strength with strong guard yet notwithstanding leave not for Gods sake to proceed in the enterprise for I shall at any time dye most contentedly understanding of your delivery out of the servitude wherein you are holden as Slaves I shall assay that at the same time that the work shall be in hand at that present to make the Catholicks of Scotland to arise and put my Son into their hands to the effect that from thence our enemies here may not prevail by any succor I would also that some stirring were in Ireland and that it were laboured to begin some time before any thing be done here and then that the Alarm might begin thereby on the flat contrary side that the stroak may come from your designs to have some General or chief aid very permanent and therefore were it good to send obscurely for the purpose to the Earl of Arundell or some of his brethren and likewise Earl of Arundel Young Earl of Northumberland Earl of Westmoreland Lord Paget to seek upon the young Earl of Northumberland if he be at liberty from over the Sea the Earl of Westmoreland may be had whose hand and name you know may do much in the North parts also the Lord Paget of good ability in some Shires thereabouts both the one and the other may be had amongst whom secretly some more principal banished may return if the enterprise be once resolute The said Lord Paget is now in Spain and may treat of all that by his brother Charles directly by himself Charles Paget you will commit unto him touching the affairs Beware that none of your messengers that you send forth of the Realm carry any Letters upon themselves but make their dispatches and send them either after or before them by some others Take heed of Spies and false-brethren that are amongst you especially of your practice already practised by your enemies for Beware of Spies false-brethren Queen of Scots counsel to the Traitors your discovery and in any case keep never a paper about you that may in any sort do harm for from like errors have come the Condemnation of all such as have suffered heretofore against whom otherwise nothing could justly have been proved discover as little as you can your names and intentions to the French Ambassador now Leiger at London for although as I understand he is a very honest Gent. yet I fear his Master entertaineth a course far contrary to our designment which may move him to discover us if he had any particular knowledg thereof All this while I have sued to change and remove from this house and for answer the Castle of Dudley only hath been named to serve the turn so as by approbation about the end of Dudley Castle this Summer I may go thither therefore advise so soon as I shall be there what provision may be had about that part for my escape from thence If I stay here there is but one of these Three ways or means to be looked for The First That at a certain day appointed for my walking abroad on horseback on the Mores between this and Stafford where ordinarily you know but few people do pass let Fifty or Threescore Horsemen well Mounted and Armed come to take me away as they may easily my Keeper having with him but XVIII or XX. Horses with only Dogs The Sccond means To come at midnight or soon after and set fire on the Barns and Stables which you know are near the house and whilst my Guardians servants shall come forth to the fire your company having duly on a Mark whereby they may be known one from another some of you may surprise the house where I hope with the few servants I have about me I shall be able to give you correspondent aid And the Third is some there be that bring Carts hither early in the morning Three Carts may be so prepared that being in the midst of the great Gate the Carts might fall down or overthrow that thereupon you might come suddenly and make your selves Masters of the house and carry me suddenly away so you might easily do before any number of Souldiers who lodg in sundry places forth of this place some half a Mile and some a whole Mile could come to relieve whatsoever issue the matter taketh I do and shall think my self obliged so long as I live towards you for the offers you make to hazard your self as you do for my deliverance and by any means that ever I may have I shall do my endeavour to recognise by effects your deserts therein I have commanded a more ample Alphabet to be made for you which herewith you shall receive God Almighty have you in his protection Fail not to burn this privately and quickly Your assured Friend for ever Mary Regina A Letter written to Queen Elizabeth by Anthony Babington the Traitor the night before he was executed for mercy and forgiveness as followeth MOst gracious Soveraign if either bitter tears or a pensive contrite Babington's Letter to her Majesty for mercy heart and doleful sigh of a wretched sinner might work any pity in your Royal Brest I would wring out of my dreined eyes as much blood
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
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
Realm And to raise War against the Queen For that he knew that Mary late Queen of Scotts to have claimed the Crown of this Realm and to have named her self Queen and to have born the Armes of the Queen without difference He did the 24th day of September in the said 11th year without the consent of our said Queen send diverse Letters and Tokens to the said Scottish Queen and lent her diverse great sums of Money and Received tokens of her contrary to the Commandement 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 Westmoreland Norton Markinfield Traitors and others had levyed War against the Queen and had assembled unto them the Number of four Thousand Persons and that they the 12th day of December in the 12th year of her Majesties Reign fled into Scotland and there were Received by the Duke of Castiles Harolte and the Lord Hume and others and after being pursued by the Earl of Sussex the sixth day of August Earl of Sussex in the said 11th year and before and after did send Mony to them And that he being Adherent to Pius the Pope Enemie to the Queen the 10th day of March in the 13th year of the Reign of the Queen did consent Radolph Pope King Phillip Duke of Alva Queen of Scots Three Letters and consult with Robert Radolphe Merchant Stranger and the Popes Factor to have Money from the Pope King Philip and the Duke of Alva and that they should send an Army to invade the Realm and to deliver the Scottish Queen And further whereas the said Robert had written in the Name of the said Duke three Letters viz. One to the Pope another to King Philip and another to the Duke of Alva And the said Duke sent his Servant to the Embassador of King Philip affirming that the same three Letters were by him allowed and that they should he taken as sent from him which matter was so agreed to by the said Robert Radolph who delivered to the Duke of Norfolke Ciphers whereof he carried one Copy to Rome whereby each might Certifie others likewise he inquired of the said Duke what time the aid shall arise that shall be provided And further the said Duke did Receive Letters from the Pope the 18th day of April in the 13th year of the Queens Reign with Promise of the same aid and that he did also send Comfort and aid unto the Lord Harris and other the Queens Enemies Lord Harris Which Indictment being Read Mr. Sands said to the Duke how saiest Sands thou Thomas Duke of Norfolke art thou Guilty of these Treasons or not Guilty Then said the Duke the hearing of this Indictment giveth me Duke occasion to make suite for a thing I meant not to have done which is to have Councel assigned to me if the Law do permit Then said Catlin Catlin the Lord Chief Justice you must have no Councel The Duke Answered I Duke was told the Indictment was only touching matters contained in the 25th of Edward the Third I have had very short warning not past 14 hours night and all and there be very many Circumstances of Treason in which I must submit my self to the Opinion of the Judges I could not have Books I must fight without a Weapon I have read of a Case of Humphry Humphry Stafford Stafford in the first of Henry the 7th who in Case of Treason had Councel Assigned unto him Then said the Lord Dyer the Case you speak of Henry 7th Lord Dyer was touching the pleading of a Sanctuary whether he might Claim the Sanctuary there by Prescription but upon the point of Treason he was put to Answer without Councel Then said the Duke I must submit Duke my self as you shall adjudge I must plead for my Life Goods Lands and Children and for that I esteem most my Honesty and to let Honour pass my blood will ask Vengeance if I be Condemned unjustly yet one suite I have to the Judges to tell me whether the Indictment be perfect in all or in part and to which Part I may Answer unto Then said Catlin the Causes being true the Indictment is sufficient Then said the Duke I would know if they be all Treasons for I have heard of a Case Catlin in Henry the Fourth of the Lord Scroop Then said Mr. Sands to the Duke Duke how saist thou Thomas Duke of Norfolke art thou Guilty of these Sands Treasons or not Guilty The Duke Answered not Guilty how wilt thou be Duke Sands Duke Tryed by God and by my Peeres I am abashed said the Duke by these Treasons but yet comforted again by the graciousness of the Queen in granting me my Tryal which the Laws do admit me and it is as much as I can require but yet this suit I shall make to you my Lords Grace that I may have Justice and not be over-laid my Memory is evil of it self and worse by evil usage since my Imprisonment I pray God I may forget it And touching you my Peers I account my self happy that I shall be tryed by you into whose hands I dare put my life nay into the single hands of a great many of you I know that you have Religion and will not burthen your Consciences contrary to Law and Right for trusting to my Innocency I would never take needless or cowardly flight I have that is wished for and crave that with favour and Justice yet I must confess I have neglected my Duty in matters under Treason and yet no part of Treason I desire that in these things my Offences be not mixed with Treason Then said Mr. Barnham the Queens Serjeant at Law This Indictment Barnham contains three several matters of Treason The first is the Deprivation of the Queens Majesty The second is the Relief of Rebels The third is the Relief of the Scots the Queens Enemies To prove the first there be two matters of one fact declared in the said Indictment First that knowing the Scottish Queen to have Claimed the Crown he hath attempted Marriage with her Secondly the Conspiracy to procure Foreign Forces to invade the Realm doth prove him Guilty of these Treasons The Duke interrupting him said Mr. Serjeant you begin as though you would in laying the Marriage and other things which are not Treason Duke to my Charge and exasperate the matters which be not Treason you may do your Duty yet conscionably and then somewhat smiling he said I had almost forgotten a man suspected is half condemned I have been charged with an Oath I protest I took the Oath but to part and that I shall prove I pray you lay it not to my Discredit Then said Serjeant Barnham He that will marry one that Claimeth the Crown meaneth to Barnham aspire to the same This matter begun at the same time as
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
walking in his Chamber he gave advise to the Duke to travel for the Queens good-will in the Marriage of the Scotish Queen And the Duke answered He would have her or else it should cost him his Duke Life And at another time the Lord Lomley being at Haywards place and talking with the Duke Lord Lomley Then the Duke turned unto Candish and asking him saying Canst Duke thou accuse me of any thing I defie thee to thy Teeth And he answered That he would accuse him of nothing except it were about the Marriage And also the said Candish said That the Duke at Candish Kemminghall when he went from the Charter-House Church-yard did say to the said Candish there was nothing to undo them but the rising of the Northern Lords if they should then arise and that the Duke did farther ask him if the Queen were dead and whether by means thereof he might procure his Unckle Candish to be on his side These maters the Duke utterly denyed and declared of how small Credit the said Candish was and how he gave him money and that he was of Duke no Estimation It was further shewed how the Duke sent one Haber to the Earls willing Candish them not to rise for if they did they were all undone There was also shewed a Letter of the Scotish Queens writing to the Duke in Cyphers which was Read and Decyphered which declared her sorrow upon a Rumour that the Earl of Northumberland was taken long before the rising Earl of Northumberland To all these matters the Duke answered That it was unlikely that he should thus proceed if it were true that he were charged with the compassing Duke and imagining the Queens deprivation and that the chiefest Evidence against him was Rosse who by Bracton ought not to be received as a Witness nor to be credited and therefore no Evidence to prove any over-fact Also he further said that Haber never came to the Earls of any such Message and that he never offer'd to fly which he might have done if he had thought himself Guilty He said also he never esteemed so of those two Earls that he would trust them with his Life if they can prove any such thing he would yield himself Guilty Then said Mr. Jarrat the Queens Attorney General you have heard the Attempt of the Marriage well and sufficiently proved For the Jarrat first over-fact wherein is proved the compassing of the deprivation of the Queens Highness The Second over-fact is the dealing with the Pope King Philip and the Duke of Alva for the bringing in of a Power to land within this Realm Pope King Philip Duke of Alva which God hath revealed wonderfully according to the saying nihil est tam occultum quod non revelatur when it was first opened it came by six hundred pounds Delivered and Sealed in a Bag to one of Shrewsbury only for Fifty Pounds who could not be in quiet untill it was opened to some of the Council that then by occasion were here in London The Queen and the Council understanding of the whole matter and after by occasion of Letters directed to 40. and 30. But now it appeareth that by 40 the Duke is meant and by 30 another noble man The Dukes Secretary dealing with Ranolph found the Cyphers hidden in the Tiles of the House and found it out by chance Also a Letter Decyphered Dukes Secretary by Hickford commanded by the Duke to to be burnt was found out under the Mat going to the Dukes Chamber These Matters are to be proved by the Examination of those that are neither indicted nor convicted of Treason The Duke hereunto made a large Answer The effect was That it was a Course intended by others which he wholly misliked Duke and that they should be guilty of their own Treasons and not to lay it on his Shoulders to ease themselves Then said Mr. Jarrat you had Conference your self with Ranolph for Jarrat the bringing in of 10000 Men out of Flanders to be landed at Harwich whereof 3000 should be Horse-men of proof For proof whereof was read the Examination of Baker to the ninth Interrogative It was further shewed that Ranolph and he conferred about several Letters touching the same matters The Letters were one to King Phillip and the other to the Duke of Alva And that Ranolph should send those Men and return himself within six Weeks that the Duke before the end of the Parliament might confer with his Friends But when these Letters were made the Duke would not subscribe unto them and then it was devised by Rosse that the Duke should send Baker to the Spanish Ambassador to shew him that the Duke was contented with those Letters and that they should pass as his and that he did allow them as his own and that the Spanish Ambassador should certifie him thereof Then said the Duke My Memory is too weak to answer these many numbers of matters you of the Queen's Council have Notes of all things Duke and I at a suddain must answer you all First It is very unlikely I should deal with the Pope I had rather be torn with wild Horses than change my Faith The unlikeliness of Harwich may be sufficient matter to answer all It is known very well how hard it is for a Power to travel in that Country which is all Lanes Ditches and Hedges If I had gone about any such matter I would have made provision for Armour I have not bestowed above ten pound in Armour this ten years except it were eight Corslets of proof I have not two Barrels of Gun-powder All these things I would have provided if I had meant any such things Also I would never have sent Baker of any such Message but rather Banister who I trusted better than twenty Bakers There was then shewed forth a Letter of the Bishop of Rosses to the Scotish A Letter of the Bishop of Rosses Queen which he writ since his Imprisonment which opened the whole matter of the former Discourse Then the Duke desired to see the Letter for he doubted whether it was Duke his Hand To whom the Lord Steward spake and said you need not doubt but Lord Steward that it is the Hand of Rosse There was also read a Letter of the Duke 's to Bonells written with Red A Letter written in Red Oker Oker since the Duke came into the Tower willing him to bury the Bag of Letters which Barker had laid in a certain place and to lay it on Rosse whom the Law could not touch because he was an Ambassador The Duke answered I received a Letter that I had accused divers and Duke that Letter was Answer to the same and when I saw such searching I gave advice in that matter for the avoiding of further trouble There was also another Letter of the Duke's that he could be charged A Letter no further
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