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

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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
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
well concerning the disallowing excluding or disabling any person that may or shall pretend any Title to come to the Crown of this Realm as also for the pursuing and taking revenge of any such wicked act or attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true intent and meaning of this Act and not otherwise nor against any other person or persons The Scottish Queen was too quick sighted not to perceive that this Association was an Arrow level'd principally against her yet whether push't on by the greatness of her spirit or the blindness of her Fate or rather seduc'd by affording an ear as well to the treacherous counsel of her enemies as unto the pernicious devices of her friends she was still busy in Intrigues for procuring her Liberty and particularly Queen Elizabeth had private informations from one Hart a Romish Priest that Dr. Allen a Popish Fugitive advanc'd by the Pope to the Cardinalate for the Popish Ecclesiasticks of England and Sir Francis Inglefeild for the Laity and the Bishop of Rosse for the Queen of Scotland had unanimously undertaken and with the authority of the Pope and consent of the King of Spain decreed that Q. Elizabeth should be deposed and the King of Scotland disinherited of the Kingdom of England as being both manifest and notorious Hereticks and the Queen of Scots to be married to some Catholick Nobleman who should be chosen King of England by the English Catholicks and the Election ratified by the Pope and the lawful issue of this man by the Queen of Scotland to be declared Successors to the Crown c. But these were only remote and vnfledg'd projects there was another dangerous Conspiracy somewhat of the same complexion nearer hand and almost ripen'd for execution which in the year 1586. happily for Queen Elizabeth but as to the Queen of Scots fatally discovered which in short was thus One Gifford a Dr. of Popish Divinity had perswaded one John Savage a man of great courage and blind zeal that it was a meritorious work to take away the lives of Princes excommunicated who thereupon made a solemn Vow to kill Queen Elizabeth To render his attempt more feasible and to rock the Queen and her Council into security that the danger might so much the more certainly overwhelm them by how much it was less apprehended the Jesuits and Seminary Priests publish't a Book exhorting the Roman Catholicks in England to attempt nothing against their Prince and to use only the Christian weapons prayers and tears c. In the mean time Savage waiting his opportunity one Ballard a Priest that had been contriving in France with Mendoza Paget and others about invading of England came over as a Soldier by the name of Captain Foscu and being not unacquainted with Savage's design communicated the same to Mr. Anthony Babington a Derby-shire Gentleman of an ancient Family Rich very handsom of an excellent Wit Learned above his years and a zealous Papist who having lately been abroad the Archbishop of Glasgow the Scottish Queens Ambassador had engag'd him with continual applauses of that Queens Vertue and Beauty and of promises of honours and preferments from her obscurely intimating no less than hopes of Marriage whereby the ambitious young man resolv'd to run all adventures to render himself capable of her good Graces nor was that Queen wanting to give encouragement by holding a correspondence with him by Letters in Cipher which though for some time interrupted by her removal from the Charge of the Earl of Shrewsbury to the Custody of Amias Paulet and Sir Drew Drury was yet renewed again some time after as by the Letters in the following Sheets appears Babington being thus inform'd of Savage's Vow resolving to have the murder of Queen Elizabeth effectually perform'd would needs associate Five more with him for that attempt and also drew in divers other Popish Gentlemen no less fiery zealous than himself into the Conspiracy as Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a good Family in Denbyshire Charles Tilney of an ancient worshipful House the only hope of his Family and one of the Gentlemen-Pensioners to Queen Elizabeth the last Two being lately reconciled to the Church of Rome by the said Ballard Chidiock Tichburn of Hampshire Edward Abington whose Father had been Cofferer to the Queen Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father had been Tailor to Queen Mary one Barnwell of an honourable Family in Ireland Henry Dun a Clerk in the First-Fruits-Office and several others but those that were to assassinate Queen Elizabeth were the before-named Savage Abington Barnwell Tilney and Tichburn the Conspirators were all Sworn to Secrecy and had several Consults as in Pauls-Church St. Giles in the Fields and in divers Taverns and proceeded to that vanity that they had also their Pictures drawn to the Life all in one Table with Babington in the midst thus Circumscrib'd Hi mihi sunt Comites quos ipsa pericula jungunt But that Verse being thought too plain they removed it and instead thereof inserted this Motto Quorsum haec alió properantibus The Plot being thus laid to murder Queen Elizabeth and at the same instant to free the Queen of Scots Forrein Forces to land Rebels at home ready to joyn with them and all things in so forward a posture it will be convenient to observe how this desperate Contrivance was brought to nought The before-mentioned Gifford the Priest born in Stafford-shire not far from Chartley where the Queen of Scotland was kept was sent over about this time by the Fugitives into England under the counterfeit name of Luson to remember Savage of his Oath and secrerly to convey Letters to and fro between the Queen and her Correspondents which for some time he performed for by corrupting a Brewer belonging to Amias Paulet at a hole in a Wall into which a stone was put so that it might be taken out he secretly sent in and receiv'd back Letters but the said Gifford whether troubled in conscience or corrupted with bribes or terrified through fear or which I esteem more probable appointed so to do that he might precipitate the Queen to destruction disclosed the whole Intrigue to Secretary Walsingham and communicated to him all the Letters that either way he receiv'd who unseal'd and Copied them and then by the rare skill of one Phillips found out a Key to the Ciphers and by the dexterity of one Gregory sealed them up again so that they could not be perceiv'd to have been open'd and then dispatch't them away as directed Queen Elizabeth by this means having notice of the storm that hung over her head thought fit to prevent it in time and when Walsingham would have suffered them to have proceeded further the Queen refused lest as she said in not taking heed of danger when she might she should seem more to
Act to be made that is to have such her Protest Registred by Publick Notaries and required her own Servants to bear her witness of it The Lord Chancellour again protested against that Protestation Lord Chancellour That it should in no wise be prejudicial to the Queens Majesty nor to the Crown of England and that they all on the behalf of her Majesty required the same to be likewise enacted or Registred Then Mr. Powel Clerk of the Crown read the Commission grounded Mr. Powel upon the Statute 27 Eliz. The Commission being read the Queen said I protest that this Law is insufficient and therefore I cannot submit my self unto it Then the Lord Treasurer avouched and justified the Law to be sufficient to Lord Treasurer named Sir William Cecil Queen of Scots proceed against her To whom she replyed that the Law was not made against her The Lord Treasurer said we have Commission to proceed and if Lo. Treasurer you will not hear we will proceed against you herein Then she said I will both hear and Answer Qu. of Scots Then arose Serjeant Gawdy and declared the Statute and then inferred that the Queen of Scots there present had offended against both Serjeant Gawdy the Branches thereof viz. That she had been both privy to the Conspiracy of killing the Queens Majesty and also had her self practised to compass the same and so ript up the whole Complot from Ballard's first coming into this Ballard a Traytor Qu. of Scots Mr. Puckering Babington a Traytor Qu. of Scots Realm When the Serjeant said the Queen present was both a mover and a compasser she bowed her Body and smiled Then Serjeant Puckering pursued the rest of Babington's Letters to her and her answer again The Queen answered She never had seen Babington nor ever had Speech with him nor ever received Letters from him and that she could stop no man to go beyond the Seas But let any man said she in England come and say that I ever did any thing against the Queens Life Then Sands the Clerk of the Crown read Babinton's Confession and Sands Babington's Confession Serjeant Puckering opened the points The Queen said That being kept from all Intelligence of her Friends Qu. of Scots and of her Son it may be she might desire Intelligence but if any other man hath done or practised any thing it is no matter to that purpose There be some that send me Letters and I know them not nor from whence they come The Clerk of the Crown read again Babington's Confession Clerk of the Crown Qu. of Scots The Queen said again I never wot of any such Letter Then was read the Letter of Anthony Babington To which she said If Anthony Babington and all the world say it they lye but I would see my own Hand writing And to Babington's Letters to her she said I never saw that Letter nor never heard of it The Lord Treasurer proved the receipt of Babington's Letter and the Serjeant shewed an answer to Babington's Letter from her in the same Lo. Treasurer Serjeant Puckering Cypher sent by a Serving man in a blew Coat and so opened all the points of her answer to Babington When mention was made of the Earl of Arundel she wept and blubber'd Qu. of Scots out saying Wo is me that your House hath suffered so much for my sake and after having blubber'd a time she said if ever I made any such device against the Queen my Sister then I pray God I may never see his Face I have written I confess about my deliverance as any Prince kept Captive as I am might do but never against the Queen I confess for the Catholicks delivery from Persecution I will work and if I could with my Blood save them from destruction I would and if it may be so I pray you lay it upon me and therewith wept according to her guise The Lord Treasurer answered saying Madam the Queen puts no man to Death for his Conscience but they might enjoy the Liberty of Lo. Treasurer their Conscience if they would live as dutiful Subjects and therefore Madam reform your opinion therein The Queen said she had read it so in a Book The Lord Treasurer said they that did write so Madam did write Qu. of Scots Lo. Treasurer that the Queen of England is no Queen Then she picked a quarrel against Mr. Secretary that he had been Qu. of Scots her sore Enemy and her Son 's and had practised with certain persons against her but said she Mr. Walsingham I think you are an honest man and I pray you say in the word of an honest man whether you have been so unto me Mr. Secretary rose up and came to the end of the Table standing Mr. Secretary Walsingham in the midst before his seat saying Madam I stand charged by you to have practised something against you I call God and the World to Witness I have done nothing as a private man unworthy of an honest man nor as a publick person unworthy of my calling I protest before God that as a Man careful of my Mistresses safety I have been curious and if Ballard had offered me his Service I would have rewarded him but if he were practised with by me why did he not plead it for his Life Here again she wept and protested that she would not make Ship wreck Queen of Scots of her Soul in conspiring against her good Sister and that those whom Mr. Secretary had set over her as Spies were Spies for her against him and had likewise told her things of him Then the Queen's Attorney proved that the Queen of Scots was privy to Queen's Attorney the Conspiracy and gave Instructions to her Secretary to write by him confessed upon Oath without Constraint some in Cyphers and some translated according to her direction into English by Jaques Nave and Gilbert Curle The Queen's Sollicitor proved both the Points of the Statute agreeing to Queen's Sollicitor the Points of the Commission First That she was privy to the Conspiracy in that she received Babington's Letters wherein the Conspiracy was contained to kill the Queen To which she gave Answer as hath been deposed by her Secretaries who besides their Oaths and voluntary Confession did set down according to their Memory the Minutes and Points of Babington's Letters to the Queen and her Answer to Babington Wherein especially they remember the Points of the Conspiracy particularly confessed also by Babington before he was apprehended and at large when he thought to have executed it and been advanced by it He also shewed her Letters and Answers to Ballard Savadge and Tuchborne and they confessed it Secondly He proved that she her self did conspire and compass the Queens Death for besides the approving of Babington's Plot she addeth in her own Letters the Manner and Order of the Execution of this Designment The Secretaries at the view