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 〈◊〉 â—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
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
their Neece the Queen of Scots that he openly own'd the claim thereof so that thenceforwards his Son and Daughter in Law used the stile in all their Acts of State Francis and Mary of Scotland England and Ireland King and Queen and caused the Arms of England to be Engraven and Painted on their Palaces Housholdstuff and Heralds-Coats And the said King Henry dying shortly after this Francis who succeeded him by the name of Francis the Second and Mary Queen of Scots by the Council of the said Guises who bore great sway in France publickly assumed to themselves the Soveraignty of England and Scotland as well as that of France and Scotland pretending to Queen Elizabeths Ambassador who complained thereof sometime that the Queen of Scots bore the Arms of England only to shew the nearness of her Blood to that Royal Line and sometimes that she did it only to cause the Queen of England to forbear bearing those of France Much dispute there was about this matter which Queen Elizabeth as she had reason resented very grievously But at last in the Year 1560. upon a Treaty at Edenborough It was amongst other matters agreed that the French King and his Wife Queen Mary should henceforwards relinquish the Title and Arms of England and Ireland But when the same came to be confirm'd in France they sought Evasions and delay'd so long that in the interim King Francis the Second not being Eighteen years old dyed and left the Queen of Scots a Widow of Nineteen who thereupon resolv'd to leave France and to return to her own Kingdom of Scotland But Throgmorton Queen Elizabeths Ambassador before she went earnestly press'd her to confirm the said Treaty of Edenborough which she refused alledging she must first consult with the Nobility of Scotland This refusal so nettled Queen Elizabeth that she refused to grant her a safe Conduct for her passage However taking the opportunity of a Fog she set Sail from Callice and passing the Channel arrived safely in Scotland From thence she sent Letters to Queen Elizabeth promising all care to make and conserve Amity with her and requesting that a lasting Peace might be made between the two Crowns And in order thereunto desired that Queen Elizabeth would in Parliament declare her her next Heir if she her self should have no issue This proposition startled Queen Elizabeth who rather look't for the confirmation of the Treaty of Edenborough which she had so often promised and therefore return'd Answer in these words That as concerning the Succssion she hoped the Queen of Scotland would not by violence take away her Crown from her and her Children if she had any She promised not to derogate any thing of her right unto the Crown of England although she had claimed the Title and Arms of England thorough the too much hasty ambition of other men for which injury it was meet that she made satisfaction By setting down her Successor she feared lest their friendship should be rather dissevered than consolidated for that unto men established in Government their Successors are alwaies suspected and hated the people such is their inconstancy upon a dislike of present things do look after the rising Sun and forsake the Sun setting and the Successors designed cannot keepwithin the bounds of Justice and Truth their own hopes and other mens lewd desires Moreover if she should confirm the Succession unto her she should thereby cut off the hope of her own security and being alive hang her Winding-sheet before her own eyes yea make her own Funeral-feast alive and see the same But this Remonstrance took but little effect and therefore sometime afterwards an Interview was projected to be had between the two Queens but after a long Treaty relinquisht the Scottish Queen refusing it unless Queen Elizabeth would adopt her her Daughter or declare her her Heir apparent by Authority of Parliament This Queen Elizabeth would not consent to but advised her to a Marriage with Robert Dudely who thereupon was made Earl of Leicester which Alliance the French rail'd upon as dishonourable and as for her matching with any Forrein Prince the Earl of Murray natural Brother to the Scots Queen diverted her from it and proposed to her Henry Lord Darnly Son to the Earl of Lenox whereunto both Love and Policy seem'd to give their suffrages for as he was one of the most proper and goodly young Gentlemen in the world so likewise was he next Heir after her to the Imperial Crown of England so that she might at once gratifie her Fancy and sortifie her Title This Noble-man was born and at this time resided in England the Earl his Father having upon the troubles in Scotland retreated thither in King Henry the Eighth's time And upon the first return of Queen Mary into Scotland Queen Elizabeth had confin'd both Father and Son for holding correspondence with her But after some time first the Father and afterwards the Son on several specious pretences got leave to go into Scotland promising to return within such a Term. Being there a Marriage was quickly concluded and solemnized between the Queen and this young Lord at which Queen Elizabeth appear'd much dissatisfied nor did their Nuptial Joys remain long un-eclips'd but discontents which as easily climb to the glorious beds of Princes as to the homely pallets of Peasants arose between them whether it were that he thought he had not enough or took upon him too much share in the Government or on some more private disgust I determine not being unwilling to follow the reports of those prejudic'd Authors who have sullied this great Princesses Fame when the respect due to the Honour of Ladies especially the Majesty of a Crowned Head ought to have taught them more modesty From what ever ground these animosities sprung they soon grew to such an unhappy height that one Evening the King attended with several others rush't into the Queens Apartment as she was at Supper and seizing upon one David Rizius a Native of Piemont by profession a Musitian but for his Wit and Dexterity receiv'd into great favour with the Queen and made a kind of Secretary they assaulted him with their naked Swords and dragging him to the door gave him several mortal wounds whereof he instantly died The Queen was then great with Child of him who was afterwards James the 1st Monarch of Great Brittain And though Providence was pleased to prevent her Miscarriage yet the sight of so dismal a Tragedy could not but surprize her with wonderful astonishment insomuch that some Philosophers will needs have it that King James retain'd an aversion to the sight of naked Weapons and attribute the same to the impressions of this unparellel'd violence Of which the King 't is said soon repented and craved the Queens pardon charging Murray and Morton as the persons that instigated him thereunto But the King himself did not long survive this Assassination for within a month or two after he himself in a tempestuous night
was strangled in his bed and then his body cast forth into a Garden Who were the Contrivers and Actors of his murther must perhaps remain a secret till the Vniversal Assizes shall disclose all the wicked Policies of the world in their naked undisguised reality Common Fame laid it upon the Earl of Murray base Brother to the Queen a man subtil and ambitious and Morton a great stickler in those times and other their Confederates But they on the contrary charg'd it upon the Queen though without convincing proofs Thuanus L. 40. Ad finem anni 1566 speaks as if the Popes fingers were not altogether free from the fiains of this Princes Blood for says he Ad haec Pontificis ut passim jactabatur Caroli Lotaringi Cardinalis Literis Incitabantur nam cum per eum à Pontifice petiissent pecuniam ad Instaurandam majorum Religionem Respor sum fuerat frustra ipsos Conari nisi sublatis iis per quos stabat ne res exitum jortiretur They were hereunto exited as was commonly reported by the Letters of the Pope and the Cardinal of Lorain for when by him they desired money of the Pope to re-establish the old Roman Religion 't was answered that their endeavours were vain unless those were taken off through whose default it was that the thing was not already accomplish't perhaps his Holiness did not esteem the Lord Darnly then King to be fierce and active enough for the business for he is noted to be a man of a soft temper Gay and Amarous not addicted to War nor Master of any extraordinary Politicks This is certain that soon after her Majesty was advised again to Marry and James Hepburn Earl of Bothwell being then much in her favour and eminent for his Valour was recommended 't is said designedly by Murray and his party as a person most fit for her acceptance and though he were more than suspected to be concern'd in the murder yet being thereof in a pretended Legal manner acquitted and having obtain'd for that purpose a Divorce from his former Wife the Queen was prevail'd with to accept him for her Husband not without the consent of many of the Nobility This caused a suspition in many that she was conscious to the murder which most Historians represent as the chief design of the Conspirators in promoting of that unhappy Match and these suspitions were so far improv'd that quickly after Arms were raised on that pretence and Bothwell forc'd to fly and the Queen her self seized and made Prisoner in Lechlevyn under the custody of Murray's Mother formerly a Mistress to James the 5th where threatning to prosecute her for Incontinency and for the Kings murder and for Tyranny c. they at last wrought so far upon her as to compel her to resign her Kingdom to her Son then scarce Thirteen months old and to appoint Murray Regent during his Minority But after Eleven months Consinement she made her escape and declaring that these Concessions were extorted by Duress and just fear raised an Army of 7000 men which were defeated by Murray and the Queen forced to save her self by a flight of 60 Miles in one day to the house of the Lord Heris where dispairing of safety and promising her self better entertainment from Queen Elizabeth than from her own Subjects she from thence in a small Bark and with few friends put to Sea and Landed at Wickington in Cumberland May the 17th 1568. and immediately dispatch't Letters to the Queen of England desiring to be conducted to her presence who in Answer promised her assistance according to the Equity of her Cause but denied her Access for that she was held guilty of many Crimes and ordered her to be conveyed to Carlisle as a place of safety withal writing to the Regent of Scotland that he should come in Person or by sufficient Deputies to answer the Queen of Scots complaint against him and his accomplices and render sufficient reasons for deposing her or otherwise she would espouse her cause and with all the force she could make endeavour to resettle her in her Kingdom Whereupon Murray with seven more met at York several Noblemen commissionated by Queen Flizabeth to hear and treat of the matter amongst whom Thomas Howard Duke of Norfolk was the chief and likewise the Bishop of Rosse and others impower'd by the Scottish Queen did there attend but after a long Treaty they broke up and nothing was concluded At this Treaty a proposal was secretly made some say by Murray others by the Bishop of Rosse to the Duke of Norfolk to marry the Queen of Scots which proved fatal to him as you will find by the following papers containing his Tryal and Condemnation for the same And also it was given out that he had passed away her Right to the Crown of England to a Foreigner and that the same was ratified at Rome and Letters shewn wherein she accused Q. Eliz. for not performing her promises to her and boasted of Succors she expected from others which was confirmed by a discovery made That one Ridolph a Florentine Merchant was employed by Pius the fifth the then Pope to make a secret Commotion of Papists in England in her favour Whereupon she was removed to a place of greater security In the mean time Queen Eliz. had notice of the Intrigue between her and Norfolk upon which He was question'd but promising to desist and seeming to slight that Alliance was dismissed But presently a Rebellion was raised in the North by the Earls of Northumberland and Westmorland instigated by one Nicholas Morton a Popish Priest sent over by the Pope to pronounce Q. Eliz. an Heretick and to have lost on that account all right and soveraignty And these Popish Rebels proceeded to that outrage that at Durham they tore in pieces all the Bibles they could meet with But finding themselves too weak to withstand the Forces raised against them fled without fighting the first being betray'd in Scotland sent into England and Beheaded at York and the other died abroad miserably About the same time Murray Regent of Scotland upon a private Grudge was shot as he Rid along the street by one Hamilton and the Regency was conferr'd upon Matthew Earl of Lenox the young Kings Granfather he being Father to the late murder'd King before his Marriage with the Queen stiled the Lord Darnly Both the French and Spanish Kings were now urgent with Queen Elizabeth for the Queen of Scots liberty who made answer That as she would omit nothing that might serve for the reconciling the said Queen and her subjects so she must have leave to provide for her own and her peoples safety as Nature Reason and her own Honour required Whereupon finding those Forreign applications ineffectual Domestick Plots were set on foot to effect it by force and amongst the rest some eminent persons undertook it but being discovered were soon apprehended and some of the Conspirators executed Nor was it long but the
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
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
of her Letters do write thus Per le expresse Secretaries Nave Curle Comaundement de la Royen ma Matresse By the special Commandment of the Queen my Mistress Nave and Curle being asked whether it were their Hands she confessed that she knew it to be their Hands and that Curle Queen of Scots Confession was an honest Man but she would not be judged by him and that Nave was the King's Secretary of France and that he had been Secretary to the Cardinal of Guyse But when she said she knew not Babington nor Ballard my Lord Treasurer Lord Treasurer said Madam I will tell you whom you know You know Morgain who hired Parry to kill the Queen and after you knew it you gave him a Pension Madam you give Pensions to Murtherers Then she said He hath lost all for my sake but you give Pentions in Scotland against me to my Son Queen of Scots The Lord Treasurer said The Queen because the Revenues of the Lord Treasurer Crown are diminished giveth the King a Benevolence being her Kinsman The Second Day at her first coming she renewed her Protestation Second Day Queen of Scots saying I am A Sacred and Anointed Queen and ought not to be judged by the Law I am A Free Prince and owe no more to any Prince than they owe to me I come hither for the Justification of my Honour and that which is laid to my charge that I should do against my Sister Her Oration was very long and of many things I like not said she to take this Course though I desire the Catholicks should be delivered out of their Persecution I had rather play the part of Hester than of Judith to pray for my people than to take any other way to deliver my People God forbid that I should deserve to be denied of Jesus Christ before his Father They gave it out that I was of no Religion for there was a time when I tender'd my self but they cared not for my Soul But my Lords when you have done all that you can and put me from that I should have yet you shall not obtain your Cause of Mary Steward And here she wept and blubbered that they could not conceive her speech I desire said she that another Assembly may be called where She wept I may have my Council I appeal to God first who is the Just Judge and She desireth another Assembly to Princes my Allies Here my Lord Treasurer said Madam We have set down your Protestations under a Notaries Hand and we have protested that your Protestation Lord Treasurer be not prejudicial to the Crown of England The Queen said Indeed My Lord you take no Commission but that Queen of Scots may serve your own turn you have done the worst you can I have often offered if I might be at liberty that I would do all duty and labour to quench the Troubles that are made but I could not be heard I was made believe that I should be at liberty and I promised Hostages for my Security my own Son and my Cousin Guise his Son The Lord Treasurer answered it is true the Queen was contented and so was the Council you offered Hostages as you say But it is as true that Lord Treasurer the Lords of Scotland would not consent that the King should come The Queen said But I told you that if I might be at liberty I would Queen of Scots effect it Madam said the Lord Treasurer the Queen shall set you at liberty and you shall seek her destruction for all this practice of your Enlargement Lord Treasurer was nothing else but a Plot against the Queen for even then when it was adoing your Man Morgan hired Parry to kill the Queen Morgan a Traitor hired Parry to kill the Queen Qu. of Scots Ld. Treasurer Qu. of Scots My Lord quoth she you are my Enemy No said my Lord Treasurer I am Enemy to the Queen's Enemies Was it not reported said the Queen of Scots that the Queen of England should never be free from Practices until I were set at liberty and I therefore desired that the occasion might be taken away Then was read a Letter to Mendoza the Spanish Ambassador wherein Mendoza she promised to give the King of Spain the Kingdoms of England and Scotland if her Son would not be reclaimed from that Heresie wherein she said he was misled There was also sent a Letter to Doctor Allin wherein she calleth him Dr. Allin Reverend Father in God and dealeth with him about the Invasion and his Letter to her also There was read her Letters to the Lord Paget Charles Paget and Lord Paget Charles Paget Sir Francis Englefield Sir Francis Englefield In every of which Letters she saith she hath given direction to the Catholicks on this side for a Dispatch Here she being pressed with Truths of the Conspiracy and because her own Man had sworn it she said she thought he made no Conscience of an Qu. of Scots Oath given him Hereat the whole House murmured concerning the giving away the Murmuring of the Lords Kingdom of England to the King of Spain Writing to Mendoza she adviseth him thus Let not this be known for if it should it would be in France the Loss of my Dowry in Scotland the Breach with my Son and in England my total Destruction Here Mr. Sollicitor remembred the Lords that if a Forein Prince had Mr. Sollicitor the Kingdom as she would assign it what should become of their Dignities and Estates Madam said my Lord Treasurer The Succession of the Crown who soever hath it cannot give it to a Forein Prince it must go by the Laws Lo. Treasurer of the Realm to a natural English Man born Your Enemies in Scotland threatned to kill you and Her Majesty said she would then revenge it and so your Life was assured At her first rising up she talked long with the Lord Treasurer coming to She talketh with the Lord Treasurer Mr. Vice-Chamberlain Mr. Secretary and the Earl of Warwick him to his Seat after to Mr. Vice-chamberlain and Mr. Secretary excusing her self to them and used great Insinuations to persuade them She said to the Earl of Warwick that she had heard that he was an Honourable Gentleman desiring him not to believe all things he heard of her and also she desired him to commend her to my Lord of Leicester saying that she wished him good Success in his Affairs To the Judges and Lawyers she To the Judges and Lawyers said I pray God bless me from you you have sore Hands over them that be under you And to Mr. Phillips Thou never readest any good for me and so Mr. Phillips the Lords brake up their sitting on Saturday October 15. 1586. at One of Lds. break up the Clock in the Afternoon and adjourned the Commission to the Star-Chamber The
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
Ireland c. To our trusty and well-beloved Cousins George Earl of Sbrewsbury Earl Marshal of England Henry Earl of Kent Henry Earl of Darby George Earl of Comberland and Henry Earl of Pembrook greeting c. Whereas sithence the Sentence given by you and others of our Council Nobility and Judges against the Queen of Scots by the name of Mary the Daughter of James the 5th late King of Scots commonly called the Queen of Scots and Dowager of France as to you is well known All the States in the last Parliament assembled did not only deliberately by great advice allow and approve the same Sentence as just and honourable but also with all humbleness and earnestness possible at sundry times require solicit and press us to direct such further execution against her Person as they did adjudg her to have daily deserved adding thereunto that the forbearing thereof was and would be daily certain and undoubted danger not only unto our own life but also unto themselves their posterity and the publick estate of this Realm as well for the Cause of the Gospel and true Religion of Christ as for the Peace of the whole Realm whereupon we did although the same were with some delay of time publish the same sentence by our Proclamation yet hitherto have forborn to give direction for the further satisfaction of the aforesaid most earnest requests made by our said States of our Parliament whereby we do daily understand by all sorts of our loving subjects both of our Nobility and Councel and also of the wisest greatest and best devoted of all Subjects of inferiour degrees how greatly and deeply from the bottom of their hearts they are grieved and afflicted with daily yea hourly fears of our life and thereby consequently with a dreadful doubt and expectation of the ruin of the present happy and godly estate of this Realm if we should forbear the further final execution as it is deserved and neglect their general and continual requests prayers counsels and advices and thereupon contrary to our natural disposition in such case being overcome with the evident weight of their counsels and their daily intercessions importing such a necessity as appeareth directly tending to the safety not only of our self but also to the weal of our whole Realm We have condescended to suffer Justice to take place and for the execution thereof upon the special trusty experience and confidence which we have of your loyalties faithfulness and love both toward our Person and the safety thereof and also to your native Countries whereof you are most noble and principal members we do will and by Warrant hereof do Authorize you as soon as you shall have time convenient to repair to our Castle of Fotheringhay where the said Queen of Scots is in custody of our right trusty and faithful servant and Councellor Sir Amias Paulet Knight and then taking her into your charge to cause by your Commandment execution to be done upon her Person in the presence of your selves and the aforesaid Sir Amias Paulet and of such other Officers of Justice as you shall command to attend upon you for that purpose and the same to be done in such manner and form and at such time and place and by such persons as to five four or three of you shall be thought by your discretions convenient notwithstanding any Law Statute or Ordinance to the contrary And these our Letters Patents sealed with our great Seal of England shall be to you and every of you and to all persons that shall be present or that shall be by you commanded to do any thing appertaining to the aforesaid execution a full sufficient Warrant and discharge for ever And further we are also pleased and contented and hereby we do will command and authorise our Chancellor of England at the requests of you all and every of you the duplicate of our Letters Patents to be to all purposes made dated and sealed with our great Seal of England as these presents now are In witness whereof we have caused these our Letters to be made Patents Yeoven at our Mannor of Greenwich the 1st day of February in the 29th year of our Reign First After she was brought down by the Sheriff to the place prepared in the Hall for that purpose by the commandment of the Earls of Shrewsbury Octavo die Feb. 1586. and Kent her Majesties Commission aforesaid was openly read Then according to a direction given to Dr. Fletcher Dean of Peterborough he was willed to use some short and pithy Speech which might tend to admonish her of the nearness of her end and the only means of salvation in Christ Jesus As soon as he began to speak she interrupted him saying she was a Catholick and that it was but a folly being so resolutely determined as she was to move her otherwise and that our prayers could do her little good On Wednesday the 8th of February 1586. there assembled at the Castle of Fotheringhay the Earls of Shrewsbury and Kent with divers Knights The Assembly of the Lords at the death of the Queen of Scots and Gentlemen Justices of Peace in the Counties there and about Eight of the Clock the Earls and the Sheriff of the Shire went up to the Scottish Queen whom they found praying on her knees with her Gentlewomen and men and the Sheriff remembring her the time was at hand she rose up and said she was ready then was she led by the arms from her Chamber unto the Chamber of Presence where with many exhortations to fear God and live in obedience kissing her women and giving her hand to her men to kiss praying them all not to sorrow but to rejoice and pray for her she was brought down the Stairs by two Souldiers and being below and looking back she said she was evil attended and besought the Lords that she might for womanhood sake have two of her women to wait upon her they said they were only withheld for that it was feared by their passionate crying they would much disquiet her spirit and disturb the execution then she said I will promise for them they will do neither so two whom she willed were brought in to her Then she spake much to Melin her man and charged him as he would answer before God to deliver her Speeches and Messages to her Son in such sort as she did deliver them All which tended to will him to govern wisely and in the fear of God to take heed to whom he betook his chiefest trust and not to give occasions to be evil thought on by the Queen of England her good Sister And to certifie him she died a true Scot true French and true Catholick And about 10 of the Clock she was brought into the great Hall where in the midst of the Hall and against the Chimney in which was a great fire was a Scaffold set up of two Foot high and Twelve Foot broad having two Steps to come up
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
Martins laid about with Gold Lace and buttoned with Gold Buttons a Black Satten Doublet a pair of Velvet Hose and a long high Black Hat on his head a very tall man looking somewhat Swarth-coloured His Apparel Then was the Earl brought to the Bar with the Axe carryed before him by Mr. Shelton Gent. Porter of the Tower being accompanied with Prisoner brought to the Barr. Sir Owin Hopton Knight Lieftenant of the Tower Sir Drew Drewry Constable of the Tower for the time Mr. Henry Bronkard and others At my Lord of Arundel his coming to the Bar he made two Obeysances to the State and to the Nobles and others there present Then did Mr. Sands Clerk of the Crown say he was Indicted of several Treasons and said unto him Philip Howard Earl of Arundel late of Arundel in the County of Sussex hold up thy hand He held up his hand very high saying Here is as true a mans heart and hand as ever came into this Hall Mr. Sands then read the Indictment THat whereas divers traiterous persons in the parts beyond the Seas being Indictment natural English men viz. Dr. Allen Parsons Champion Mote and divers others have heretofore divers and sundry times with sundry persons as well English men as of other Countries practised to accomplish and bring to pass several dangerous and unnatural Treasons against the Queens Majesty her Royal Person Crown and Dignity viz. to subvert the State invade the Realm to set up Catholick Religion to raise Insurrections c. Amongst which number of unnatural Traitors the Earl of Arundel was well acquainted with that notorious Traitor Dr. Allen by means of Bridges Weston Ithell and other Popish Priests with whom divers times sithence the 20th year of her Majesties Reign he hath had private and secret conference and communication of several Treasons insomuch that the Earl of Arundel did presently dispatch his several Letters by Bridges aforesaid to Dr. Allen to wish him at any hand to do something concerning the Cause Catholick wherein he promised to perform any thing that Dr. Allen should think fit for him to do And whereas the 24th day of April in the 27th year of the Queens Reign he was flying by Sea to Dr. Allen that Arch-Traitor and that the Bishop of Rome and the King of Spain were thereupon solicited by Allen aforesaid to raise war against this Realm And whereas also the Earl of Arundel had understanding of a Bull that Sixtus the fifth Pope of that name had sent into England for the excommunication of her Majesty and for the invading of the Realm c. And that at the Tower the 21st of July in the 30th year of her Majesties Reign he did imagine with other traiterous persons that the Queen was an Heretick and not worthy to govern the Realm and that he did move and procure one William Bennet a Seminary Priest to say Mass for the happy success of the Spanish Fleet whereupon he had Mass and did help to say Mass himself to that purpose And having news of the conflict at Sea betwixt the Spanish Fleet and the English he procured Sir Thomas Gerrard and divers others then Prisoners in the Tower to say Mass with him for the fortunate success of Spain and that he made a prayer specially for that purpose to be daily used and exercised amongst them HEreupon Mr. Sands asked the Earl of Arundel if he were guilty or not guilty of the several Treasons comprised in the said Indictment Sands To this the Earl answered he would fain know whether the several points in the Indictment contained were but one Indictment yea or no. Earl The Judges satisfied him it was but one Indictment and a matter he need not stand upon Judges My Lord vouched a Case in Edw. 3. and in the end said not guilty and was well content to be tryed by his Peers and liked the Tryal well that Earl he should be tryed by such good Noble-men there present that knew his Life He said he had been Prisoner four years and 25 weeks close Prisoner and that he had been sick and weak whereby his memory might fail him and therefore humbly desired my Lord Steward's Grace making Three several Obeysances on both knees that he might be heard to make answer to every particular point My Lord Steward answered that there was no other meaning nor intent Lo. Steward and that he should be heard deliberately Then did Mr. Serjeant Puckering deliver to the Lords of the Jury the Puckering effect of the Indictment and other Evidence at large as followeth First that my Lord had private and secret Conference with Bridges aforesaid Conference with Traytors and divers other Traitors and Seminary Priests and that he had written his Letters to Dr. Allen to find which way he might further the Cause Catholick That he did Fast twenty-four hours and prayed for the happy success of Fasting and Prayer Traitors that should kill the Queen the Spanish Fleet. That Allen and others being arrant Traitors had taken order that in the 22d year of her Majesties Reign there should be 50 men in privy Coats and pocket daggers to kill the Queen and that one Pain and one Elliot were put in trust to perform the same That my Lord was a Catholick and favoured their proceedings My Lord answered he was no Catholick in the 22th year of the Queens Earl Reign That he secretly was flying out of the Realm to Dr. Allen being an His flying out of the Realm Throckmortons Opinion Arch-Traitor which doth argue my Lord to be no good Subject That Throckmorton practising his Treasons by sounding the Ports he did set down in his Catalogue that a South-west wind would serve from Spain to Arundel Castle in Sussex and an Easterly wind from the Low-Countries That in Throckmortons Catalogue of all the names of all the Noblemen and Gentlemen of every Shire that affecteth the Catholicks he began in Sussex and set down the Earl of Arundels Name the first That further one Mott a Priest informed Throckmorton that he was come Mott a Priest over to sound the intents of the Earls of Arundel and Northumberland and others My Lord answered when Mott was in Sussex he never came there but alwayes attended at Court Earl Mr. Puckering said the Traitors have a good Conceit of my Lord of Puckering Arundel in knowing him to be affected to the Catholick Cause It was defined that the Catholick Cause was meer Treason Petro Paulo Rossetto came over to sound Noblemen and Gentlemen in England Then said my Lord how prove you me to be a Traitor in these points Earl Because said Mr. Popham you have confederated with Traitors by desiring Popham Dr. Allen in your Letters to employ you any way that concerned the Cause Catholick because you have been reconciled to the Pope and there was a Law made in the 22d year of this Queen that
whosoever was Reconciled to the Pope from the obedience of the Queens Majesty was in case of Treason My Lord confessed that Bridges did confess him but not reconcile him in Earl any such sort but only for absolution of his sins Mr. Popham charged him that he did once submit himself but Sithence Popham fell from his submission and therefore practised new Treasons He confessed he was acquainted with the Priests and by two of them had been absolved and confessed Earl Sithence which time said Mr. Popham he came to the Church and fell to Popham the Catholick Cause again which he cannot do by their Order unless he be Reconciled My Lord denyed that ever he came to the Church after that time There was a Letter sent to the Queen of Scots by Morgan of France in Commendation of two Priests wherein he saith one of them had reconciled Morgan of France the Earl of Arundel Edmonds a Priest upon Examination said that Reconciliation was odious Edmonds a Priest Earl My Lord said these be but Allegations and Circumstances and that they ought to be proved by two Witnesses It was justified he said once in the Star-Chamber amongst the Lords there assembled concerning a Libel there in Question that whosoever was a Priest or Papist was an arrant Traytor Mr. Popham said it was a discontentment made my Lord a Catholick and Popham not Religion and that he did disguise himself in shadow of Religion There was a Picture shewed that was found in my Lords Trunk wherein Picture was painted a Hand bitten with a Serpent shaking the Serpent into the fire about which was written this Poesie quis contra nos on the other side was painted a Lyon Rampant with his Forces all bloody with this Poesie tamen Leo my Lord said one Wilgrave his man gave him the same with a pair of Hangers for a New years gift One Jonas Meridith being examined c. by way of Communication with a Towns-man who commended my Lord of Arundel for his forwardness Meridith in that he had often observed my Lord at Pauls Cross This Jonas answered that he knew he had often been at Pauls-Cross in the Fore-noon and hath heard a Mass with him at the Charter-house in the afternoon To this my Lord said nothing but seemed to deny it My Lord being examined in the Tower of his sudden going away to Sea Earl he answered to serve the Prince of Parma or whither Dr. Allen should direct him for the Cause Catholick My Lord said also he was going away for fear of some Statute should be made in the 22d of this Queens Reign against the Catholicks in that Parliament and that Dr. Allen advised him that he should not come over if he could tarry here in any safety because he might be the better able to make a Party in England when they came Before my Lords going to Sea he writ a Letter to be given the Queen after he was gone wherein he found fault with her hard dealing in giving countenance to his Adversaries and in disgracing him and that he was discontented with the Injustice of the Realm towards his great Grand-Father his Grand-Father and his Father My Lord said Hollinshead was faulty for setting forth in his Chronicle that his Grand-Father was attainted by Act of Parliament but shewed no Hollinshead cause wherefore He said in his Letter his Grand-Father was condemned for such trifies that the people standing by were amazed at it he found fault also with the proceedings against his Father Whereby 't is apparent said Mr Popham 't was discontentment moved my Lord and not Religion and fearing lest his friends should think amiss of him Popham he left a Copy of his Letter with Bridges a Traytor to be dispersed to make the Catholicks to think well of him for said Mr. Popham being discontented he became a Catholick and being so great a man he became a Captain of the Catholicks which is as much as to be a Captain over Traytors A Counterfeit Letter was made 22 dayes before his going to Sea directed to one Baker at Linne there being no such man abiding wherein was signified A Counterfe it Letter that my Lord was very hardly dealt withal by some of the Council and that he was gone into Sussex and a farther Voyage and that he would come home by Norfolk This was a Counterfeit Letter said Mr. Attorney appointed by my Lord Mr. Attorney to be dispersed to make it known he was discontented Also Allen sent a Letter to the Queen of Scots in Ciphers shewing a great party in England Allen sent my Lord word if he did come over he must take a greater Title than that of Earl upon him and therefore my Lord in this stile To Philip Duke of Norfolk Earl of Arundel Babington in his examination said the Queen of Scots sent him word that the Earl of Arundel was a fit man to be a chief Head for the Catholicks Babington Allen sent word to Rome that the Bull which was last sent over into England Allen. was at the Intercession of a great man in England My Lord said Mr. Popham was one of the principallest and acquainted Popham thus far with Allen Ergo my Lord of Arundel that great man Dr. Allen made a most villanous and slanderous Book which was very hard to be got in which was contained that the Earl of Arundel was a procurer of the last Bull and the procurer of the Invasion also the Bull it self was some part read and the Book was part read also My Lord being charged on his confession being examined why he would be ruled thus by Dr. Allen he excused it by saying that he said he would Earl be ruled by Allen in all things saving in that did concern her Majesty and the State and thereupon appealed to my Lord Chancellor and Sir Walter Mildmay who were not present Sir Christopher Hatton Lord Chancellour The Book aforesaid intended that my Lord was a practiser with Allen about the Invasion Then said my Lord he would serve the Queen against all Princes Pope Earl or Potentates whatsoever The Queens Sollicitor stood upon these points and because it was proved Mr. Sollicitor that the Earl of Arundel would be ruled by Allen in any thing that should concern the Catholick Cause And for that Dr. Allen hath since that time practised divers monstrous Treasons and continually hath built upon the help of some chief man in England there is none yet known of his degree that hath any thing to do with Allen and therefore my Lord must needs be culpable of all the Treasons Allen hath practised and procured in flying to Allen to serve the Prince of Parma ut antea My Lord was charged with relieving of divers Traytors as Priests and that he did converse and was confederate with divers and sundry Traytors attainted indicted and suspected being Prisoners in
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