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
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
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
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
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
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