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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
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
Realm And to raise War against the Queen For that he knew that Mary late Queen of Scotts to have claimed the Crown of this Realm and to have named her self Queen and to have born the Armes of the Queen without difference He did the 24th day of September in the said 11th year without the consent of our said Queen send diverse Letters and Tokens to the said Scottish Queen and lent her diverse great sums of Money and Received tokens of her contrary to the Commandement of the Queen and contrary to his own submission and promise under his Hand and Seal And that he knowing the late Earls of Northumberland and Westmoreland Norton Markinfield Traitors and others had levyed War against the Queen and had assembled unto them the Number of four Thousand Persons and that they the 12th day of December in the 12th year of her Majesties Reign fled into Scotland and there were Received by the Duke of Castiles Harolte and the Lord Hume and others and after being pursued by the Earl of Sussex the sixth day of August Earl of Sussex in the said 11th year and before and after did send Mony to them And that he being Adherent to Pius the Pope Enemie to the Queen the 10th day of March in the 13th year of the Reign of the Queen did consent Radolph Pope King Phillip Duke of Alva Queen of Scots Three Letters and consult with Robert Radolphe Merchant Stranger and the Popes Factor to have Money from the Pope King Philip and the Duke of Alva and that they should send an Army to invade the Realm and to deliver the Scottish Queen And further whereas the said Robert had written in the Name of the said Duke three Letters viz. One to the Pope another to King Philip and another to the Duke of Alva And the said Duke sent his Servant to the Embassador of King Philip affirming that the same three Letters were by him allowed and that they should he taken as sent from him which matter was so agreed to by the said Robert Radolph who delivered to the Duke of Norfolke Ciphers whereof he carried one Copy to Rome whereby each might Certifie others likewise he inquired of the said Duke what time the aid shall arise that shall be provided And further the said Duke did Receive Letters from the Pope the 18th day of April in the 13th year of the Queens Reign with Promise of the same aid and that he did also send Comfort and aid unto the Lord Harris and other the Queens Enemies Lord Harris Which Indictment being Read Mr. Sands said to the Duke how saiest Sands thou Thomas Duke of Norfolke art thou Guilty of these Treasons or not Guilty Then said the Duke the hearing of this Indictment giveth me Duke occasion to make suite for a thing I meant not to have done which is to have Councel assigned to me if the Law do permit Then said Catlin Catlin the Lord Chief Justice you must have no Councel The Duke Answered I Duke was told the Indictment was only touching matters contained in the 25th of Edward the Third I have had very short warning not past 14 hours night and all and there be very many Circumstances of Treason in which I must submit my self to the Opinion of the Judges I could not have Books I must fight without a Weapon I have read of a Case of Humphry Humphry Stafford Stafford in the first of Henry the 7th who in Case of Treason had Councel Assigned unto him Then said the Lord Dyer the Case you speak of Henry 7th Lord Dyer was touching the pleading of a Sanctuary whether he might Claim the Sanctuary there by Prescription but upon the point of Treason he was put to Answer without Councel Then said the Duke I must submit Duke my self as you shall adjudge I must plead for my Life Goods Lands and Children and for that I esteem most my Honesty and to let Honour pass my blood will ask Vengeance if I be Condemned unjustly yet one suite I have to the Judges to tell me whether the Indictment be perfect in all or in part and to which Part I may Answer unto Then said Catlin the Causes being true the Indictment is sufficient Then said the Duke I would know if they be all Treasons for I have heard of a Case Catlin in Henry the Fourth of the Lord Scroop Then said Mr. Sands to the Duke Duke how saist thou Thomas Duke of Norfolke art thou Guilty of these Sands Treasons or not Guilty The Duke Answered not Guilty how wilt thou be Duke Sands Duke Tryed by God and by my Peeres I am abashed said the Duke by these Treasons but yet comforted again by the graciousness of the Queen in granting me my Tryal which the Laws do admit me and it is as much as I can require but yet this suit I shall make to you my Lords Grace that I may have Justice and not be over-laid my Memory is evil of it self and worse by evil usage since my Imprisonment I pray God I may forget it And touching you my Peers I account my self happy that I shall be tryed by you into whose hands I dare put my life nay into the single hands of a great many of you I know that you have Religion and will not burthen your Consciences contrary to Law and Right for trusting to my Innocency I would never take needless or cowardly flight I have that is wished for and crave that with favour and Justice yet I must confess I have neglected my Duty in matters under Treason and yet no part of Treason I desire that in these things my Offences be not mixed with Treason Then said Mr. Barnham the Queens Serjeant at Law This Indictment Barnham contains three several matters of Treason The first is the Deprivation of the Queens Majesty The second is the Relief of Rebels The third is the Relief of the Scots the Queens Enemies To prove the first there be two matters of one fact declared in the said Indictment First that knowing the Scottish Queen to have Claimed the Crown he hath attempted Marriage with her Secondly the Conspiracy to procure Foreign Forces to invade the Realm doth prove him Guilty of these Treasons The Duke interrupting him said Mr. Serjeant you begin as though you would in laying the Marriage and other things which are not Treason Duke to my Charge and exasperate the matters which be not Treason you may do your Duty yet conscionably and then somewhat smiling he said I had almost forgotten a man suspected is half condemned I have been charged with an Oath I protest I took the Oath but to part and that I shall prove I pray you lay it not to my Discredit Then said Serjeant Barnham He that will marry one that Claimeth the Crown meaneth to Barnham aspire to the same This matter begun at the same time as
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
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