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
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
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 LONDON Printed for Tho. Cockerill at the Sign of the Three Legs in the Poultrey over-against the Stocks-Market 1681. A Preface to the following Tryals giving a brief Hystorical Account of the Life of Mary Queen of Scots and the occasions that brought both Her and the Duke of Norfolk to their Tragical Ends and the Earl of Arundel to his Trial c. IT may seem strange or unseasonable while the Press labours daily with the present Popish Plot to trouble the world with that which concerns only Those that so long ago are past and gone But as there are too many amongst us that question the Reality of the present Conspiracy so there are not a few that deny the Truth of those heretofore Or if they acknowledge any thing either of the Powder-Treason or Babingtons Conspiracy they extenuate the same almost to nothing by alledging that they were attempted by a few Private High-Spirited Gentlemen extreamly provoked with great Injuries and bitter usage which were the only causes of their desperate Resolutions for which they themselves sufficiently suffered and that therefore their Treasons are no more to be filed to the Account of their Church c. But by the following papers I conceive these Evasions will be silenced for thereby it will appear 1. That there was during a great part of Queen Elizabeths Reign a continued Series of Popish Treasons successively though God be blessed unsuccessfully carried on and that not by a few Desperado's but by a great number of persons of the most considerable Fortunes and Abilities of the Roman Catholick Religion 2ly That the main intentive and scope of the said Conspirators as every where they declare was to root out Protestantism and set up Popery unto which Attempts they were chiefly animated by the prospect of an immediate Popish Successor viz. the said Mary Queen of Scots 3ly That the Papists then were to make use of the same Vmbrage as now they do viz. to raise Lyes and Slanders of the Puritans and prerend that they designed Rebellion only to colour their own real Treasons as appears by the Queen of Scots Letter to Babington 4ly That these fatal Councils of the Guises and Popish Priests brought that great Princess who had the misfortune to be led by them to Ruine so that by endeavouring to anticipate the Succession she not only lost it but also her Life These and several other Remarkables which no doubt the Judicious Reader will observe in the perusal occasioned the publication of the ensuing papers at this time 'T is confessed the same are not so exactly taken as the Tryals of the present Age The Ingenious Skill of Speedy and short writing being much improved since those times yet it is evident by the Manuscript that there was no little care and diligence used therein so that nothing material seems to have escaped nor do any Historians give so punctual an Account of the Transactions as these papers which before never saw the Light concerning the Authentickness and Truth of which the Antientness of the hand-writing of the Original might be a sufficient Testimony had we not another more probable Argument which is That they were lately found amongst some Ancient papers that heretofore belonged to a Secretary of Sir Francis Walsingham an eminent Minister of State at that juncture For whose use 't is very credible the same were so curiously collected Besides If any shall be be at the pains to examine them they will find them to agree in the main with the Histories of those times not only with the Learned Cambden and the rest of our own Writers but with the Great Thaunus nay with the Jesuit Strada too But for the satisfaction of those Readers that are not so conversant in History that they may the better understand what they meet with in these Tryals we conceive it will not be unwelcome to prefix a brief Account of the Life and unhappy Fortunes of the Illustrious Mary of Scotland on whose Adventures all these prosecutions did depend wherein we shall impartially state matter of Fact without the Reflections of Buchanan or intollerable flatteries of Causin the Jesuit Mary Queen of Scots was the daughter and sole Legitimate Issue of James the fifth King of Scotland and of Mary his Queen a daughter of the house of Lorrain born in December 1541. she was scarce eight dayes old when the King her Father dyed and the Scottish Nobility being divided into Factions whereof the Family of the Hamiltons and the Earl of Lenox were the respective Heads The one side supported by King Henry the eighth of England and the other by the French King Henry the second she was by her Mother who being a French-woman inclined unto that Kings Interest sent into France about five or six years of Age to learn the Accomplishments of that Court. There she was educated under the French King and the house of Guise her Uncles who being desperate Enemies to the Reformation seasoned her with violent principles against the Protestant Religion she was a Lady very proper and beautiful of a great Wit and Courage beyond her Sex These Advantages and much more several important Reasons of State induced the French King to conclude her a fit Match for his Son the Dauphin For hereby they thought themselves not only sure to unite the Kingdoms of France and Scotland she being Sovereign Queen of the latter as he was Heir apparent to the former but also had a prospect of the Crown of England looking upon this Mary of Scotland as Great Grand-child to King Henry the seventh to be the next Heiress thereunto after Mary who had by this time mounted the English Throne For as for her sister Elizabeth they not only knew her to be one they called an Heretick but also gave out she was Illegitimate and so on both Accounts represented her as uncapable to succeed Hereupon a Marriage was solemnized between the Dauphin and this Princess Apr. 24th 1588. in Nostredam Church at Paris On the 27th of November following Queen Mary of England after a short Reign rendred infamous to all Posterity by the Butcheries committed on Protestants departed this Life And though Elizabeth according to her undoubted Right was with the general consent and applause of the Lords Commons and all the people proclaimed Queen and most happily succeeded her in the Throne yet had the Guises inveigled the French-King into such strong hopes of adjoyning England to the Crown of France by the aforesaid Title of
their Neece the Queen of Scots that he openly own'd the claim thereof so that thenceforwards his Son and Daughter in Law used the stile in all their Acts of State Francis and Mary of Scotland England and Ireland King and Queen and caused the Arms of England to be Engraven and Painted on their Palaces Housholdstuff and Heralds-Coats And the said King Henry dying shortly after this Francis who succeeded him by the name of Francis the Second and Mary Queen of Scots by the Council of the said Guises who bore great sway in France publickly assumed to themselves the Soveraignty of England and Scotland as well as that of France and Scotland pretending to Queen Elizabeths Ambassador who complained thereof sometime that the Queen of Scots bore the Arms of England only to shew the nearness of her Blood to that Royal Line and sometimes that she did it only to cause the Queen of England to forbear bearing those of France Much dispute there was about this matter which Queen Elizabeth as she had reason resented very grievously But at last in the Year 1560. upon a Treaty at Edenborough It was amongst other matters agreed that the French King and his Wife Queen Mary should henceforwards relinquish the Title and Arms of England and Ireland But when the same came to be confirm'd in France they sought Evasions and delay'd so long that in the interim King Francis the Second not being Eighteen years old dyed and left the Queen of Scots a Widow of Nineteen who thereupon resolv'd to leave France and to return to her own Kingdom of Scotland But Throgmorton Queen Elizabeths Ambassador before she went earnestly press'd her to confirm the said Treaty of Edenborough which she refused alledging she must first consult with the Nobility of Scotland This refusal so nettled Queen Elizabeth that she refused to grant her a safe Conduct for her passage However taking the opportunity of a Fog she set Sail from Callice and passing the Channel arrived safely in Scotland From thence she sent Letters to Queen Elizabeth promising all care to make and conserve Amity with her and requesting that a lasting Peace might be made between the two Crowns And in order thereunto desired that Queen Elizabeth would in Parliament declare her her next Heir if she her self should have no issue This proposition startled Queen Elizabeth who rather look't for the confirmation of the Treaty of Edenborough which she had so often promised and therefore return'd Answer in these words That as concerning the Succssion she hoped the Queen of Scotland would not by violence take away her Crown from her and her Children if she had any She promised not to derogate any thing of her right unto the Crown of England although she had claimed the Title and Arms of England thorough the too much hasty ambition of other men for which injury it was meet that she made satisfaction By setting down her Successor she feared lest their friendship should be rather dissevered than consolidated for that unto men established in Government their Successors are alwaies suspected and hated the people such is their inconstancy upon a dislike of present things do look after the rising Sun and forsake the Sun setting and the Successors designed cannot keepwithin the bounds of Justice and Truth their own hopes and other mens lewd desires Moreover if she should confirm the Succession unto her she should thereby cut off the hope of her own security and being alive hang her Winding-sheet before her own eyes yea make her own Funeral-feast alive and see the same But this Remonstrance took but little effect and therefore sometime afterwards an Interview was projected to be had between the two Queens but after a long Treaty relinquisht the Scottish Queen refusing it unless Queen Elizabeth would adopt her her Daughter or declare her her Heir apparent by Authority of Parliament This Queen Elizabeth would not consent to but advised her to a Marriage with Robert Dudely who thereupon was made Earl of Leicester which Alliance the French rail'd upon as dishonourable and as for her matching with any Forrein Prince the Earl of Murray natural Brother to the Scots Queen diverted her from it and proposed to her Henry Lord Darnly Son to the Earl of Lenox whereunto both Love and Policy seem'd to give their suffrages for as he was one of the most proper and goodly young Gentlemen in the world so likewise was he next Heir after her to the Imperial Crown of England so that she might at once gratifie her Fancy and sortifie her Title This Noble-man was born and at this time resided in England the Earl his Father having upon the troubles in Scotland retreated thither in King Henry the Eighth's time And upon the first return of Queen Mary into Scotland Queen Elizabeth had confin'd both Father and Son for holding correspondence with her But after some time first the Father and afterwards the Son on several specious pretences got leave to go into Scotland promising to return within such a Term. Being there a Marriage was quickly concluded and solemnized between the Queen and this young Lord at which Queen Elizabeth appear'd much dissatisfied nor did their Nuptial Joys remain long un-eclips'd but discontents which as easily climb to the glorious beds of Princes as to the homely pallets of Peasants arose between them whether it were that he thought he had not enough or took upon him too much share in the Government or on some more private disgust I determine not being unwilling to follow the reports of those prejudic'd Authors who have sullied this great Princesses Fame when the respect due to the Honour of Ladies especially the Majesty of a Crowned Head ought to have taught them more modesty From what ever ground these animosities sprung they soon grew to such an unhappy height that one Evening the King attended with several others rush't into the Queens Apartment as she was at Supper and seizing upon one David Rizius a Native of Piemont by profession a Musitian but for his Wit and Dexterity receiv'd into great favour with the Queen and made a kind of Secretary they assaulted him with their naked Swords and dragging him to the door gave him several mortal wounds whereof he instantly died The Queen was then great with Child of him who was afterwards James the 1st Monarch of Great Brittain And though Providence was pleased to prevent her Miscarriage yet the sight of so dismal a Tragedy could not but surprize her with wonderful astonishment insomuch that some Philosophers will needs have it that King James retain'd an aversion to the sight of naked Weapons and attribute the same to the impressions of this unparellel'd violence Of which the King 't is said soon repented and craved the Queens pardon charging Murray and Morton as the persons that instigated him thereunto But the King himself did not long survive this Assassination for within a month or two after he himself in a tempestuous night
was strangled in his bed and then his body cast forth into a Garden Who were the Contrivers and Actors of his murther must perhaps remain a secret till the Vniversal Assizes shall disclose all the wicked Policies of the world in their naked undisguised reality Common Fame laid it upon the Earl of Murray base Brother to the Queen a man subtil and ambitious and Morton a great stickler in those times and other their Confederates But they on the contrary charg'd it upon the Queen though without convincing proofs Thuanus L. 40. Ad finem anni 1566 speaks as if the Popes fingers were not altogether free from the fiains of this Princes Blood for says he Ad haec Pontificis ut passim jactabatur Caroli Lotaringi Cardinalis Literis Incitabantur nam cum per eum à Pontifice petiissent pecuniam ad Instaurandam majorum Religionem Respor sum fuerat frustra ipsos Conari nisi sublatis iis per quos stabat ne res exitum jortiretur They were hereunto exited as was commonly reported by the Letters of the Pope and the Cardinal of Lorain for when by him they desired money of the Pope to re-establish the old Roman Religion 't was answered that their endeavours were vain unless those were taken off through whose default it was that the thing was not already accomplish't perhaps his Holiness did not esteem the Lord Darnly then King to be fierce and active enough for the business for he is noted to be a man of a soft temper Gay and Amarous not addicted to War nor Master of any extraordinary Politicks This is certain that soon after her Majesty was advised again to Marry and James Hepburn Earl of Bothwell being then much in her favour and eminent for his Valour was recommended 't is said designedly by Murray and his party as a person most fit for her acceptance and though he were more than suspected to be concern'd in the murder yet being thereof in a pretended Legal manner acquitted and having obtain'd for that purpose a Divorce from his former Wife the Queen was prevail'd with to accept him for her Husband not without the consent of many of the Nobility This caused a suspition in many that she was conscious to the murder which most Historians represent as the chief design of the Conspirators in promoting of that unhappy Match and these suspitions were so far improv'd that quickly after Arms were raised on that pretence and Bothwell forc'd to fly and the Queen her self seized and made Prisoner in Lechlevyn under the custody of Murray's Mother formerly a Mistress to James the 5th where threatning to prosecute her for Incontinency and for the Kings murder and for Tyranny c. they at last wrought so far upon her as to compel her to resign her Kingdom to her Son then scarce Thirteen months old and to appoint Murray Regent during his Minority But after Eleven months Consinement she made her escape and declaring that these Concessions were extorted by Duress and just fear raised an Army of 7000 men which were defeated by Murray and the Queen forced to save her self by a flight of 60 Miles in one day to the house of the Lord Heris where dispairing of safety and promising her self better entertainment from Queen Elizabeth than from her own Subjects she from thence in a small Bark and with few friends put to Sea and Landed at Wickington in Cumberland May the 17th 1568. and immediately dispatch't Letters to the Queen of England desiring to be conducted to her presence who in Answer promised her assistance according to the Equity of her Cause but denied her Access for that she was held guilty of many Crimes and ordered her to be conveyed to Carlisle as a place of safety withal writing to the Regent of Scotland that he should come in Person or by sufficient Deputies to answer the Queen of Scots complaint against him and his accomplices and render sufficient reasons for deposing her or otherwise she would espouse her cause and with all the force she could make endeavour to resettle her in her Kingdom Whereupon Murray with seven more met at York several Noblemen commissionated by Queen Flizabeth to hear and treat of the matter amongst whom Thomas Howard Duke of Norfolk was the chief and likewise the Bishop of Rosse and others impower'd by the Scottish Queen did there attend but after a long Treaty they broke up and nothing was concluded At this Treaty a proposal was secretly made some say by Murray others by the Bishop of Rosse to the Duke of Norfolk to marry the Queen of Scots which proved fatal to him as you will find by the following papers containing his Tryal and Condemnation for the same And also it was given out that he had passed away her Right to the Crown of England to a Foreigner and that the same was ratified at Rome and Letters shewn wherein she accused Q. Eliz. for not performing her promises to her and boasted of Succors she expected from others which was confirmed by a discovery made That one Ridolph a Florentine Merchant was employed by Pius the fifth the then Pope to make a secret Commotion of Papists in England in her favour Whereupon she was removed to a place of greater security In the mean time Queen Eliz. had notice of the Intrigue between her and Norfolk upon which He was question'd but promising to desist and seeming to slight that Alliance was dismissed But presently a Rebellion was raised in the North by the Earls of Northumberland and Westmorland instigated by one Nicholas Morton a Popish Priest sent over by the Pope to pronounce Q. Eliz. an Heretick and to have lost on that account all right and soveraignty And these Popish Rebels proceeded to that outrage that at Durham they tore in pieces all the Bibles they could meet with But finding themselves too weak to withstand the Forces raised against them fled without fighting the first being betray'd in Scotland sent into England and Beheaded at York and the other died abroad miserably About the same time Murray Regent of Scotland upon a private Grudge was shot as he Rid along the street by one Hamilton and the Regency was conferr'd upon Matthew Earl of Lenox the young Kings Granfather he being Father to the late murder'd King before his Marriage with the Queen stiled the Lord Darnly Both the French and Spanish Kings were now urgent with Queen Elizabeth for the Queen of Scots liberty who made answer That as she would omit nothing that might serve for the reconciling the said Queen and her subjects so she must have leave to provide for her own and her peoples safety as Nature Reason and her own Honour required Whereupon finding those Forreign applications ineffectual Domestick Plots were set on foot to effect it by force and amongst the rest some eminent persons undertook it but being discovered were soon apprehended and some of the Conspirators executed Nor was it long but the
Duke being found by intercepted Letters notwithstanding his aforesaid promises still to continue his affection to and correspondence with the Scottish Queen was brought to his Trial here printed and for the Crimes therein specified condemned and beheaded Some few days after his Execution William Lord de la Ware and others were sent to the Queen of Scots who was then full of grief and sorrow for his death owning that a contract of Marriage had passed between him and her to expostulate with her and charge her with divers matters as that she had usurp'd the Title and Arms of the Realm of England and had not renounced the same as she ought to have done by the Treaty of Edenbourgh that she had sought to Marry with the Duke of Norfolk a Subject of England without the Queens privity and to effect the same Marriage had tried all means by her Agents and Ministers to rescue the said Duke out of Prison by force that she had raised the Rebellion in the North and relieved the Rebles after they were put to flight in Scotland and the Low-Countries that she had by Ridolph the Italian importun'd both the Pope and the King of Spain and others for Forrein Forces to invade England that she had conspired with several English Subjects to take her out of Prison by force and proclaim her Queen of England that she had received Letters from the Pope wherein to use his own words he promised to cherish her as the Hen doth her Chickins and to account those that stood for her the true Children of the Church Lastly that she had procured the Popes Bull against the Queen and had suffered her self publickly to be stiled Queen of England by her Ministers in Forrein Courts Whereunto protesting First That she was a free absolute Queen and subject to none she with a settled countenance and courage answered 1. That she had not usurped the Title and Arms of England but that the King of France and her Husband had imposed them upon her being very young and under the direction of her Husband and therefore not to be laid upon her for a fault and that as she did not after her Husband's death so neither would she claim them as long as Queen Elizabeth or any Children she might have should live 2. That she never imagined any detriment or hurt to the Queen by her Marriage with the Duke of Norfolk being perswaded it would be for the good of the Common-wealth and that she did not renounce it because she had given her Faith and Troth unto him 3. That she willed the Duke by some means to get out of danger and Prison which she did out of the duty she owed to him as her Husband 4. That she had not raised rebellion nor was privy to the same but was always ready to reveal all attempts against the Queens life 5. That she never relieved the English Rebels only that in her Letters she recommended the Countess of Northumberland to the Duke of Alva 6. That she used Ridolph whom she knew to be highly in the Popes favour in many matters yet receiv'd no Letters from him 7. That she never moved any to attempt her deliverance yet that she willingly gave ear unto them that offered their labour therein and for that purpose that she communicated to Rolston and Hall a private Character 8. That she had receiv'd sometimes Letters from the Pope very pious and consolatory wherein were no such Expressions or Phrases 9. That she procured not the Bull that she only saw the Printed Copy thereof and when she had read it she threw it into the fire 10. That if any in Forrein parts writ or nam'd her otherwise than they ought they and not she were to answer it 11. That she never by Letters required aid of the Pope or the King of Spain to invade England but only to be restored into her Kingdom by their means and not without the Queens privity 12 But if any question or doubt be made of those Letters of effecting the Marriage by force of Arms she requested since she was born of the Royal Blood of England that she might answer Personally in the next Parliament How far these specious Allegations were credited by Queen Elizabeth we find not 't is certain they produc'd little effect towards her delivery But on the contrary it being about the same time discovered that she held Correspondence with Spain and that the Lord Seton who landed in Essex disguised like a Mariner had brought a promise of Aid to her from the Duke of Alva she was confined more strictly and with greater Guard Likewise in Scotland to prevent the Duke of Guises design which was to make use of the Duke of Lenox's favour with the King to withdraw his affection from the English the Earl of Gowry and others resolve by all means to remove Lenox and the Earl of Arran from the King To accomplish which while Lenox was gone from Perth where the King then lay to Edenburgh and Arran also was absent the said Earl of Gowry with the Earls of Mar and Lindsey and others take an opportunity to invite the King to the Castle of Rewthen and there detained him not permitting him to walk abroad and removing all his trusty Servants cast Arran into Prison enforc'd the King to call home the Earl of Angus and send away Lenox into France As also by his Letters to Queen Elizabeth to own and approve of all these proceedings Which were much regretted by the Queen his Mother who on this occasion wrote a long Letter to Queen Elizabeth lamenting her own and her Sons deplorable fortune and did it so Pathetically that Queen Elizabeth was much affected with it and a serious debate was moved in her Council thereupon and most of them inclin'd to set her at liberty on these Terms and Conditions 1. That she and her Son should promise to practise nothing hurtful to Q. Elizabeth and the Realm of England 2. That she would voluntarily confess that whatsoever was done by Francis the Second the French King her Husband against Q. Elizabeth was done against her will and that she should utterly disallow the same as unjust by confirming the Treaty of Edenburgh 3. That she should condemn all the practises ever since that time and ingenuously renounce them 4. She should bind her self not to practise any thing directly or indirectly against the Government of the Realm of England in Ecclesiastical or Civil affairs but by all manner of means oppose her self and resist such practisers as publick enemies 5. That she shall challenge or claim no right unto her self in the Kingdom of England during the Life of Queen Elizabeth and that afterward she will submit her right of Succession unto the Estates of England 6. And to the end that she may not hereafter use any cavil and say That she condescended to these Conditions being a Prisoner and by coaction she her self should not only swear unto them but also
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
day sent him a Countermand but he then acquainted her Majesty that the Commission was already made and pass'd the Seal at which the Queen appear'd angry and blam'd him for his haste And indeed he had Communicated the business to several of the Council and perswaded them who were apt enough to believe what they desired that the Queen Commanded that it should be put in Execution without delay And so having obtain'd such Warrant and Commission they without her Majesties privity sent down one Beal with Authority directed to the Earls of Shrewsbury Kent Darby and others to see her Executed Which was perform'd accordingly The Manner and Circumstances whereof the Reader may find in the ensuing Narrative She was put to Death the 18th of February 1587. in the Six and fortieth year of her Age and 18th of her Confinement her Body being Honourably Buried in the Cathedeal of Peterborough and from thence afterwards removed by her Son King Jame's and laid under a Royal Monument in King Henry the Seventh's Chappel at Westminster Variously was this Action censur'd and I shall only say That though the Physick was violent and extraordinary yet it wrought a Cure and preserv'd the Body-politick from those Domestick Paroxisms of Treason and Rebellion that before daily disturb'd and endanger'd it for we do not find after that any or at least very few Conspiracies carried on against the Queens Life or the Government though she lived afterwards between 14 and 15 years For the Spanish Invasion though it happened two years after was not only a thing Foreign but Contriv'd and Design'd before the Queen of Scots Death And as for the Proceedings against the Earl of Arundel the Crimes for which he was prosecuted had their Rise likewise in precedent times For first having been questioned and confined to his House and then set at Liberty he attempted to fly beyond Sea and therefore was Committed to the Tower not only for the same but likewise for Harbouring Priests and Corresponding with Allen and Parsons the Jesuits was fined 10000 Marks and afterwards continuing his Disloyal practises was for the Reasons in the following Papers specified Condemned though by the Queens mercy Reprieved and dyed naturally in the Tower in the year 1595. Two things further I must Remark 1. What a strange Bias and almost prodigious Influence Popery has even on the best dispositions prevailing so far with this unfortunate Earl that even contrary to Nature it self and yet bate but his Religion he is Represented as a good-Natur'd man He rejoyced with hopes of the Ruine of his Countrey 2ly That if you look over the Lists of the Lords Commissionated in these Transactions you will find them to be of great and ancient Houses and though some of their Families have almost ever since been of the Roman perswasion yet they were then so well satisfied with the Proceedings that we meet not with One Voice pronouncing a Not Guilty in all the three Tryals History is one of the best Tutors of Policy whereby the Ingenious will easily perceive how far former Occurrences hold parallel with or may be considered in relation to Modern Affairs THE Reader may be pleas'd to correct the Errata's p. 2. instead of 1588. the year of the Marriage of the Queen of Scots should be 1558. And in other places the Names Gray for Grey Perian for Periam and some other literal mistakes and faults by the Context may easily be rectified or pardoned The whole Discourse of the Duke of Norfolks Arraignement the 17th day of January Anno 1571. in the 14th year of the Raign of our Soveraigne Lady Queen Elizabeth c. FIrst the O yes was made by Littleton a Serjeant at Arms and then Proclamation Cryer Lo. Steward was made as followeth viz. My Lords grace the Queens Majesties Commissioner High Steward of England doth Charge every man to keep silence and hear the Queens Majesties Commission Read The same Commission was read by Mr. Sands Clarke of the Crown of the Kings Bench the Test whereof was the 14th day of February Anno Elizabethoe Sands Reg. 14th then was a large White Rod delivered to my Lord Steward by Garter Principal King at Armes who held the same a while Lo. Steward Garter Norris Serjeant at Armes Call of the Court. and after delivered it to Mr. Norris the Great Vsher who held the same all the time of the Arraignement Then was called Thomas Edwards Serjeant at Armes and willed to return his Writ which being returned was read Then was called all the Earls Vicounts and Barons summoned to appear there that day and every one to answer to their Names the Earls and Lords that sate there that day were these following viz. Earles Vicount Lords 1. Reginald Gray Earl of Kent 2. William Somerset Earl of Worcester 3. Thomas Ratlife Earl of Sussex 4. Henry Hastings Earl of Huntington 5. Ambrose Dudly Earl of Warwick 6. Francis Russel Earl of Bedford 7. William Herbert Earl of Penbroke 8. Robert Dudly Earl of Leicester 9. Edward Seymor Earl of Hartford 10. Walter Devereux Vicount Hereford 11. Edward Fynes Lord Clinton 12. William Howard Lord of Effingham 13. William Cecil Lord Burleigh 14. Arthur Gray Lord Wilton 15. James Blunt Lord Mountjoy 16. William Lord Sands 17. Thomas Lord Wentworth 18. William Lord Borrough 19. Lewis Lord Mordant 20. John Pawlet Lord S. John 21. Robert Lord Rich. 22. Roger Lord North. 23. Edward Lord Chandois 24. Oliver Lord S. John of Bletsoe 25. Thomas Sackvile Lord Buckhurst 26. Lord De-La-Ware Nine Earls One Vicount and Sixteen Lords in all Twenty Six Then was Robert Catlin Chief Justice of England Commanded to return his Precept upon the peril should follow thereof which was returned and read Then was called the Lieutenant of the Tower to return his Lieutenant Duke Precept and to bring forth his Prisoner Thomas Duke of Norfolke Then was the Duke brought to the Bar being held between Sir Owin Hopton on the right hand and Sir Peter Carew on the left hand And next unto Sir Peter stood one holding the Axe of the Tower with the Edge from Axe of the Tower the Duke The Duke immediately at his comming to the Bar viewed all the Lords both on the Right hand and on the left hand of the Lord Steward Then the Lieutenant delivered in the Precept which was Read And then was Proclamation made that every man should keep silence And Mr. Sands spake to the Prisoner in this manner Thomas Duke of Norfolke Proclamation Sands late of Hemming Hall in the County of Norfolke hold up thy Hand which done he Read the Indictment the Effect whereof was That the 26th day of September in the 11th year of the Queens Majesties Reign and before and after he did Traiterously compact and imagine to deprive and destroy and to put to Death our Sovereign Lady the Queen and to raise Rebellion to subvert the Common-Wealth and so stir up Forraigners to invade the
Realm And to raise War against the Queen For that he knew that Mary late Queen of Scotts to have claimed the Crown of this Realm and to have named her self Queen and to have born the Armes of the Queen without difference He did the 24th day of September in the said 11th year without the consent of our said Queen send diverse Letters and Tokens to the said Scottish Queen and lent her diverse great sums of Money and Received tokens of her contrary to the Commandement of the Queen and contrary to his own submission and promise under his Hand and Seal And that he knowing the late Earls of Northumberland and Westmoreland Norton Markinfield Traitors and others had levyed War against the Queen and had assembled unto them the Number of four Thousand Persons and that they the 12th day of December in the 12th year of her Majesties Reign fled into Scotland and there were Received by the Duke of Castiles Harolte and the Lord Hume and others and after being pursued by the Earl of Sussex the sixth day of August Earl of Sussex in the said 11th year and before and after did send Mony to them And that he being Adherent to Pius the Pope Enemie to the Queen the 10th day of March in the 13th year of the Reign of the Queen did consent Radolph Pope King Phillip Duke of Alva Queen of Scots Three Letters and consult with Robert Radolphe Merchant Stranger and the Popes Factor to have Money from the Pope King Philip and the Duke of Alva and that they should send an Army to invade the Realm and to deliver the Scottish Queen And further whereas the said Robert had written in the Name of the said Duke three Letters viz. One to the Pope another to King Philip and another to the Duke of Alva And the said Duke sent his Servant to the Embassador of King Philip affirming that the same three Letters were by him allowed and that they should he taken as sent from him which matter was so agreed to by the said Robert Radolph who delivered to the Duke of Norfolke Ciphers whereof he carried one Copy to Rome whereby each might Certifie others likewise he inquired of the said Duke what time the aid shall arise that shall be provided And further the said Duke did Receive Letters from the Pope the 18th day of April in the 13th year of the Queens Reign with Promise of the same aid and that he did also send Comfort and aid unto the Lord Harris and other the Queens Enemies Lord Harris Which Indictment being Read Mr. Sands said to the Duke how saiest Sands thou Thomas Duke of Norfolke art thou Guilty of these Treasons or not Guilty Then said the Duke the hearing of this Indictment giveth me Duke occasion to make suite for a thing I meant not to have done which is to have Councel assigned to me if the Law do permit Then said Catlin Catlin the Lord Chief Justice you must have no Councel The Duke Answered I Duke was told the Indictment was only touching matters contained in the 25th of Edward the Third I have had very short warning not past 14 hours night and all and there be very many Circumstances of Treason in which I must submit my self to the Opinion of the Judges I could not have Books I must fight without a Weapon I have read of a Case of Humphry Humphry Stafford Stafford in the first of Henry the 7th who in Case of Treason had Councel Assigned unto him Then said the Lord Dyer the Case you speak of Henry 7th Lord Dyer was touching the pleading of a Sanctuary whether he might Claim the Sanctuary there by Prescription but upon the point of Treason he was put to Answer without Councel Then said the Duke I must submit Duke my self as you shall adjudge I must plead for my Life Goods Lands and Children and for that I esteem most my Honesty and to let Honour pass my blood will ask Vengeance if I be Condemned unjustly yet one suite I have to the Judges to tell me whether the Indictment be perfect in all or in part and to which Part I may Answer unto Then said Catlin the Causes being true the Indictment is sufficient Then said the Duke I would know if they be all Treasons for I have heard of a Case Catlin in Henry the Fourth of the Lord Scroop Then said Mr. Sands to the Duke Duke how saist thou Thomas Duke of Norfolke art thou Guilty of these Sands Treasons or not Guilty The Duke Answered not Guilty how wilt thou be Duke Sands Duke Tryed by God and by my Peeres I am abashed said the Duke by these Treasons but yet comforted again by the graciousness of the Queen in granting me my Tryal which the Laws do admit me and it is as much as I can require but yet this suit I shall make to you my Lords Grace that I may have Justice and not be over-laid my Memory is evil of it self and worse by evil usage since my Imprisonment I pray God I may forget it And touching you my Peers I account my self happy that I shall be tryed by you into whose hands I dare put my life nay into the single hands of a great many of you I know that you have Religion and will not burthen your Consciences contrary to Law and Right for trusting to my Innocency I would never take needless or cowardly flight I have that is wished for and crave that with favour and Justice yet I must confess I have neglected my Duty in matters under Treason and yet no part of Treason I desire that in these things my Offences be not mixed with Treason Then said Mr. Barnham the Queens Serjeant at Law This Indictment Barnham contains three several matters of Treason The first is the Deprivation of the Queens Majesty The second is the Relief of Rebels The third is the Relief of the Scots the Queens Enemies To prove the first there be two matters of one fact declared in the said Indictment First that knowing the Scottish Queen to have Claimed the Crown he hath attempted Marriage with her Secondly the Conspiracy to procure Foreign Forces to invade the Realm doth prove him Guilty of these Treasons The Duke interrupting him said Mr. Serjeant you begin as though you would in laying the Marriage and other things which are not Treason Duke to my Charge and exasperate the matters which be not Treason you may do your Duty yet conscionably and then somewhat smiling he said I had almost forgotten a man suspected is half condemned I have been charged with an Oath I protest I took the Oath but to part and that I shall prove I pray you lay it not to my Discredit Then said Serjeant Barnham He that will marry one that Claimeth the Crown meaneth to Barnham aspire to the same This matter begun at the same time as
the Duke was one of the Commissioners for the hearing of the Cause betwixt the late Scottish Queen and the Lords of Scotland at which time the Duke took an Oath to deal directly therein and to weigh uprightly both the occasions and answers wherein notwitstanding he dealt indirectly and partially thereby committing Perjury and disclosing the Queens Secrets if he will deny it then we will prove it Then said the Duke The Case hath divers parts cleane out of the Compass of Treason Then said Mr. Barnham I require Duke Barnham Duke knowledge if he knew the Claiming of the Crown The Duke did here digress and answered not directly Wherefore the Lord Steward said Lord Steward Your Lordship must answer directly And after upon the urging of Barnham and the Queens Attorney The Duke confessed the Claim but not the Continuance Then Barnham shewed the continuance by her Refusal Barnham hitherto to acknowledge the Queens Majesty to be Lawful Queen and that she hath not yet Renounced her Claim and yet you have so far dealt with her as being the Queens Commissioner to hear the matters you opened to her the occasions you gave her instructions how she might deal that the matters might not come to light and you conferred with the Bishop of Rosse about the same for proof whereof was shewed the Examination of Rosse taken the Sixth day of November 1571 declaring that the Duke uttered Bishop of Rosse unto him all that he understood of the matter and promised what help he could but he spoke nothing of the Marriage but referred all to Liddington who caused the Duke to stay the Conference and shewed her good will And how he was sent to accompany the Earl of Murrey and to convey the Scottish Queens Letters away and to counterfeit others and this was proved by a Letter of the Bishop of Rosses to the Scottish Queen where he shewed that the Duke did Advertise him that he went about to discredit the Scottish Queen with the people of England that he might be the less able to attempt any thing against the Queen of England To this matter the Duke answered at large That Liddington onely moved the Marriage unto him which he at that time refused and that he Duke told the Bishop of Rosse that he could not deal to take up the matter and therefore to what end should he utter any thing to him he only shewed it would only turn to his dishonour and that he should never be able to win it out And then he prayed that Rosse might be brought presently before him Then was shewed a Letter of the Bishop of Rosses wherein it was contained that whereas it was appointed that the Earl of Murrey should have been murthered in the North going from Hampton Court to Scotland Now because the Duke had communed with the Earl of Murrey at Hampton Court touching the same matter and had his Assent thereunto the murther should be stayed There was also a Letter of the Dukes shewed moving the marriage at that time and that it should be for the benefit of the whole Island And yet the Duke when the Rumour was spread that he went about to marry the Scottish Queen as one seeming to be much offended therewith came to the Queen and shewed her thereof and found much fault with the said Rumour and said he misliked her for her former Life And that the whole Revenue of the Crown of Scotland the Charges Deducted was not so good as his living in England and that he thought himself as good a Prince in his bowling Alley at Norwich as if he were King of Scotland All this was affirmed by Mr. Barnham That he heard the Queens Majesty her self speak it and by the Dukes Examination taken the Sixth Affirmations of Barnham day of November 1571. It is evident Also he said it was further shewed that at Tichfield he had special Commandment not to proceed in that Marriage any further and that contrary to that Commandment he had proceeded and yet the Duke himself had conceived an evil Opinion of her and had declared unto Banister that Banister he thought verily the Scotish Queen was privy to the murther of her Husband All these things were affirmed by Barnham to prove that the proceeding in this Marriage could be for no other cause but to Aspire to the Crown Then said the Duke This Year is very far fetched to prove the deprivation Duke of the Queen and the destruction of her Person Then said Mr. Barnham to come somewhat near it is not unknown that you have gone about to procure it by force and to have conspired to Barnham take the Tower this being true you must needs go about the distruction of the Queens person For the Jealousie of a Kingdom is such as will not suffer them to live that would hinder the same And at the same time the Duke departed into Norfolk to levy a Force Also there was Read a Letter written by the Duke to the Scotish Queen that proved the Negotiating the said marriage And there was as also Read many ill Letters of the Scotish Queens sent to Bothwell whereby it could not be that he pretended the Marriage for love of the Queen of Scots but for the Crown of England As touching the taking of the Tower the Duke said that Owen Hopton Duke Owen Hopton Servant to a Noble man of the Realm Earl of Penbrook came to him and advised him to take the Tower which he disliked Then said Barnham why did you then afterwards Consult with the Earl of Penbrook touching the same matter Who discomforted you therein Then said the Duke what do you gather thereof Barnham said they use not to Cut Vines while they be green that would have Duke them grow again Barnham There was also shewed further That whereas the Queens Majesty desired to have the Scotish Queen and certain Castles in her Possession and the Rebels delivered unto her The Duke gave advise to the Scotish Queen to the contrary and against the Queen of England Also he was charged That he went about to procure the Scotish Queen to be stolen away and that after his Submission wherein he promis'd under his Hand and Seal never to deal in that matter of the Marriage again There was also shewed a Provision which he shewed to one Robert Hickford Hickford which was proved by the Examination of Hickford to whom he shewed the same terming it a foolish Gawd. Then said the Duke you may perceive I did not esteem of it when I Duke termed it a foolish Gawd. Then was brought forth one Candish who was Sworn in this manner The Evidence that you shall give to the Peers and Nobles here assembled Candish his Evidence shall be the Troth and the whole Troth so help you God and the Holy Contents of this Book The effect of his Evidence was That being at South-Hampton with the Duke and
walking in his Chamber he gave advise to the Duke to travel for the Queens good-will in the Marriage of the Scotish Queen And the Duke answered He would have her or else it should cost him his Duke Life And at another time the Lord Lomley being at Haywards place and talking with the Duke Lord Lomley Then the Duke turned unto Candish and asking him saying Canst Duke thou accuse me of any thing I defie thee to thy Teeth And he answered That he would accuse him of nothing except it were about the Marriage And also the said Candish said That the Duke at Candish Kemminghall when he went from the Charter-House Church-yard did say to the said Candish there was nothing to undo them but the rising of the Northern Lords if they should then arise and that the Duke did farther ask him if the Queen were dead and whether by means thereof he might procure his Unckle Candish to be on his side These maters the Duke utterly denyed and declared of how small Credit the said Candish was and how he gave him money and that he was of Duke no Estimation It was further shewed how the Duke sent one Haber to the Earls willing Candish them not to rise for if they did they were all undone There was also shewed a Letter of the Scotish Queens writing to the Duke in Cyphers which was Read and Decyphered which declared her sorrow upon a Rumour that the Earl of Northumberland was taken long before the rising Earl of Northumberland To all these matters the Duke answered That it was unlikely that he should thus proceed if it were true that he were charged with the compassing Duke and imagining the Queens deprivation and that the chiefest Evidence against him was Rosse who by Bracton ought not to be received as a Witness nor to be credited and therefore no Evidence to prove any over-fact Also he further said that Haber never came to the Earls of any such Message and that he never offer'd to fly which he might have done if he had thought himself Guilty He said also he never esteemed so of those two Earls that he would trust them with his Life if they can prove any such thing he would yield himself Guilty Then said Mr. Jarrat the Queens Attorney General you have heard the Attempt of the Marriage well and sufficiently proved For the Jarrat first over-fact wherein is proved the compassing of the deprivation of the Queens Highness The Second over-fact is the dealing with the Pope King Philip and the Duke of Alva for the bringing in of a Power to land within this Realm Pope King Philip Duke of Alva which God hath revealed wonderfully according to the saying nihil est tam occultum quod non revelatur when it was first opened it came by six hundred pounds Delivered and Sealed in a Bag to one of Shrewsbury only for Fifty Pounds who could not be in quiet untill it was opened to some of the Council that then by occasion were here in London The Queen and the Council understanding of the whole matter and after by occasion of Letters directed to 40. and 30. But now it appeareth that by 40 the Duke is meant and by 30 another noble man The Dukes Secretary dealing with Ranolph found the Cyphers hidden in the Tiles of the House and found it out by chance Also a Letter Decyphered Dukes Secretary by Hickford commanded by the Duke to to be burnt was found out under the Mat going to the Dukes Chamber These Matters are to be proved by the Examination of those that are neither indicted nor convicted of Treason The Duke hereunto made a large Answer The effect was That it was a Course intended by others which he wholly misliked Duke and that they should be guilty of their own Treasons and not to lay it on his Shoulders to ease themselves Then said Mr. Jarrat you had Conference your self with Ranolph for Jarrat the bringing in of 10000 Men out of Flanders to be landed at Harwich whereof 3000 should be Horse-men of proof For proof whereof was read the Examination of Baker to the ninth Interrogative It was further shewed that Ranolph and he conferred about several Letters touching the same matters The Letters were one to King Phillip and the other to the Duke of Alva And that Ranolph should send those Men and return himself within six Weeks that the Duke before the end of the Parliament might confer with his Friends But when these Letters were made the Duke would not subscribe unto them and then it was devised by Rosse that the Duke should send Baker to the Spanish Ambassador to shew him that the Duke was contented with those Letters and that they should pass as his and that he did allow them as his own and that the Spanish Ambassador should certifie him thereof Then said the Duke My Memory is too weak to answer these many numbers of matters you of the Queen's Council have Notes of all things Duke and I at a suddain must answer you all First It is very unlikely I should deal with the Pope I had rather be torn with wild Horses than change my Faith The unlikeliness of Harwich may be sufficient matter to answer all It is known very well how hard it is for a Power to travel in that Country which is all Lanes Ditches and Hedges If I had gone about any such matter I would have made provision for Armour I have not bestowed above ten pound in Armour this ten years except it were eight Corslets of proof I have not two Barrels of Gun-powder All these things I would have provided if I had meant any such things Also I would never have sent Baker of any such Message but rather Banister who I trusted better than twenty Bakers There was then shewed forth a Letter of the Bishop of Rosses to the Scotish A Letter of the Bishop of Rosses Queen which he writ since his Imprisonment which opened the whole matter of the former Discourse Then the Duke desired to see the Letter for he doubted whether it was Duke his Hand To whom the Lord Steward spake and said you need not doubt but Lord Steward that it is the Hand of Rosse There was also read a Letter of the Duke 's to Bonells written with Red A Letter written in Red Oker Oker since the Duke came into the Tower willing him to bury the Bag of Letters which Barker had laid in a certain place and to lay it on Rosse whom the Law could not touch because he was an Ambassador The Duke answered I received a Letter that I had accused divers and Duke that Letter was Answer to the same and when I saw such searching I gave advice in that matter for the avoiding of further trouble There was also another Letter of the Duke's that he could be charged A Letter no further
than consenting to that therefore if he loved his Life he should take heed whom he accused Mr. Bromley the Queen's Sollicitor General shewed Letters of Radolphe Bromley sent by Rosses Servant to Charles Bayliffe by the which it appeared how the Duke of Alva liked the matter and how he enquired how far Harwich was from London Also he shewed the Pope's Letters dated the fourth day of May containing Answer of the Letters sent by the Duke And he further opened how the whole Course of Conspiracy was opened in Antwerp to an Ambassador of a Forein Prince who thereof certified his Lord and that Forein Prince brought the whole Discourse to the Queen's Majesty which because it touched others as well as the Duke it should be opened to the Peers when they were assembled together by those that were of the Queen's Council Then Mr. Wilbrome made an excellent Discourse for the Credit of the Depositions of Rosse and other the Servants of the Duke Wilbrome To which the Duke answered That he could hardly come after so smooth a Tale as the Attorney of the Court of Wards could tell But yet said he Duke in all his Tale he touched nothing what Fear could do And further cited Bracton for the disproof of those Witnesses Catlin the Lord Chief Justice answered that in such Cases and matters Catlin of Treason the Depositions of Strangers might be taken and it lay in the Peers to credit the same Then they proceeded to the second Point of Treason contained in the Indictment Which was to prove the Aid of the Rebels after they fled Which was proved by Order given by the Duke to distribute amongst them his great Reward whereof the Earl of Northumberland had part and the Countess of Northumberland and the residue had other parts Then was shewed a Letter of the Countess of Northumberland of thanks A Letter for the same Then the Third Point of Treason was the Aiding of the Scotish Rebels the Queen's Enemies Which was proved by a Letter written by the Duke to Banister and also by the Examination of Banister and the Delivery Banister of the Money to Browne of Shrewsbury and the Earls Letter with the same Browne To which the Duke required the Opinion of the Judges whether the Subjects of another Prince that Prince being in League with the Queen may Duke be accounted the Queen's Enemies The Lord Catlin answered that they might well enough as the Queen Catlin may War with any Duke in France and have Peace with the King Then said the Lord Steward to the Duke Have you any thing else to Lord Steward say Then said the Duke I trust to Law and Right Duke Then said the Lord Steward Lieutenant of the Tower withdraw your Prisoner from us a while Lord Steward Lieutenant Then was O yes made and Silence proclaimed and the Lord Steward said O yes You my Lords here have heard how that Thomas Duke of Norfolk hath been Lord Steward indicted of divers Points of High Treason and he hath hereunto pleaded Not Guilty and did put himself upon the Tryal of God and You his Peers You are now therefore to consider of his whole Indictment which you have heard whether he be Guilty or not Guilty and thereon say your minds upon your Honours and Consciences And so he willed them to depart together and return so soon as they could and so they departed to a place for that purpose where the Chancery is kept and there they conferred in the sight of all that were in the Hall and when they returned to sit in their places the Earl of Shrewsbury commanded the Duke to be had further out of hearing Earl of Shrewsbury Then he asked the youngest Lord how say you my Lord De Laware is Thomas Duke of Norfolk Guilty of these Treasons that he hath been Indicted of yea or no and he standing up in his place answered Guilty and the like question was asked of all the Lords severally one after another and every one answered Guilty Then was the Lieutenant willed to bring his Prisoner to the Bar again Lieutenant who being put in his place The Lord Steward said Thou Thomas Duke of Norfolk hast been Indicted Lord Steward of several points of High Treason and hast pleaded thereunto not Guilty and hast put thy self upon Tryal of God and thy Peers who have all found thee Guilty what canst thou say why Judgment should not be given accordingly The Duke answered the Lords will be done God be Judge between Duke me and my false accusers There was made a pawse a good while and forthwith the edge of the Ax of the Tower was turned towards him Then said Mr. Barnham to the Lord Steward may it please your Grace to understand how Thomas Duke of Norfolk hath been Indicted of several Barnham Treasons and hath pleaded not Guilty and did put himself upon Tryal of the Peers who have found him Guilty I am therefore in the behalf of our Sovereign Lady the Queen to pray Judgment Then said the Lord Steward whereas thou Thomas Duke of Norfolk Lo. Steward hast been Indicted of several Treosons and hast pleaded thereunto not Guilty and didst put thy self upon Tryal of thy Peers who have found thee Guilty Therefore the Court doth award That thou shalt be had from hence to the Tower and from thence to be laid upon a Hurdle and drawn through the midst of the City to Tyburn and there be Hanged until thou be half dead and then thy bowels to be taken out and burned before thy Face thy Head to be cut off and thy Body to be quartered and thy Head and Quarters to be at Queens Majesties pleasure and the Lord have have mercy on thy Soul Then said the Duke You have said to me as unto a Traytor but I Duke trust to God and to the Queen and forasmuch as I am excluded your company I trust to be where I shall find better company I am at the point I will never sue for mercy Yet one suit I have to you my Lords that it will please you to move the Queens Majesty to be good to my poor Children and to my Servants and to pay my Debts Then the Lieutenant was commanded to have him away and Proclaamation Lieutenant was made that every man should depart in Gods Name and the Peace of the Queens Majesty And then the Lord Steward brake his Rod and so all ended 1571. Lord Steward The Confession and End of Thomas Duke of Norfolk beheaded at the Tower-Hill the Second Day of June Anno Dom. 1572 as followeth c. IT is not rare good People to see a man come to die although thanks be to God since the beginning of the Queens Majesties Reign in this Duke place hath not been any But since it is my Fortune to be the first I pray God I may be the last
of her Letters do write thus Per le expresse Secretaries Nave Curle Comaundement de la Royen ma Matresse By the special Commandment of the Queen my Mistress Nave and Curle being asked whether it were their Hands she confessed that she knew it to be their Hands and that Curle Queen of Scots Confession was an honest Man but she would not be judged by him and that Nave was the King's Secretary of France and that he had been Secretary to the Cardinal of Guyse But when she said she knew not Babington nor Ballard my Lord Treasurer Lord Treasurer said Madam I will tell you whom you know You know Morgain who hired Parry to kill the Queen and after you knew it you gave him a Pension Madam you give Pensions to Murtherers Then she said He hath lost all for my sake but you give Pentions in Scotland against me to my Son Queen of Scots The Lord Treasurer said The Queen because the Revenues of the Lord Treasurer Crown are diminished giveth the King a Benevolence being her Kinsman The Second Day at her first coming she renewed her Protestation Second Day Queen of Scots saying I am A Sacred and Anointed Queen and ought not to be judged by the Law I am A Free Prince and owe no more to any Prince than they owe to me I come hither for the Justification of my Honour and that which is laid to my charge that I should do against my Sister Her Oration was very long and of many things I like not said she to take this Course though I desire the Catholicks should be delivered out of their Persecution I had rather play the part of Hester than of Judith to pray for my people than to take any other way to deliver my People God forbid that I should deserve to be denied of Jesus Christ before his Father They gave it out that I was of no Religion for there was a time when I tender'd my self but they cared not for my Soul But my Lords when you have done all that you can and put me from that I should have yet you shall not obtain your Cause of Mary Steward And here she wept and blubbered that they could not conceive her speech I desire said she that another Assembly may be called where She wept I may have my Council I appeal to God first who is the Just Judge and She desireth another Assembly to Princes my Allies Here my Lord Treasurer said Madam We have set down your Protestations under a Notaries Hand and we have protested that your Protestation Lord Treasurer be not prejudicial to the Crown of England The Queen said Indeed My Lord you take no Commission but that Queen of Scots may serve your own turn you have done the worst you can I have often offered if I might be at liberty that I would do all duty and labour to quench the Troubles that are made but I could not be heard I was made believe that I should be at liberty and I promised Hostages for my Security my own Son and my Cousin Guise his Son The Lord Treasurer answered it is true the Queen was contented and so was the Council you offered Hostages as you say But it is as true that Lord Treasurer the Lords of Scotland would not consent that the King should come The Queen said But I told you that if I might be at liberty I would Queen of Scots effect it Madam said the Lord Treasurer the Queen shall set you at liberty and you shall seek her destruction for all this practice of your Enlargement Lord Treasurer was nothing else but a Plot against the Queen for even then when it was adoing your Man Morgan hired Parry to kill the Queen Morgan a Traitor hired Parry to kill the Queen Qu. of Scots Ld. Treasurer Qu. of Scots My Lord quoth she you are my Enemy No said my Lord Treasurer I am Enemy to the Queen's Enemies Was it not reported said the Queen of Scots that the Queen of England should never be free from Practices until I were set at liberty and I therefore desired that the occasion might be taken away Then was read a Letter to Mendoza the Spanish Ambassador wherein Mendoza she promised to give the King of Spain the Kingdoms of England and Scotland if her Son would not be reclaimed from that Heresie wherein she said he was misled There was also sent a Letter to Doctor Allin wherein she calleth him Dr. Allin Reverend Father in God and dealeth with him about the Invasion and his Letter to her also There was read her Letters to the Lord Paget Charles Paget and Lord Paget Charles Paget Sir Francis Englefield Sir Francis Englefield In every of which Letters she saith she hath given direction to the Catholicks on this side for a Dispatch Here she being pressed with Truths of the Conspiracy and because her own Man had sworn it she said she thought he made no Conscience of an Qu. of Scots Oath given him Hereat the whole House murmured concerning the giving away the Murmuring of the Lords Kingdom of England to the King of Spain Writing to Mendoza she adviseth him thus Let not this be known for if it should it would be in France the Loss of my Dowry in Scotland the Breach with my Son and in England my total Destruction Here Mr. Sollicitor remembred the Lords that if a Forein Prince had Mr. Sollicitor the Kingdom as she would assign it what should become of their Dignities and Estates Madam said my Lord Treasurer The Succession of the Crown who soever hath it cannot give it to a Forein Prince it must go by the Laws Lo. Treasurer of the Realm to a natural English Man born Your Enemies in Scotland threatned to kill you and Her Majesty said she would then revenge it and so your Life was assured At her first rising up she talked long with the Lord Treasurer coming to She talketh with the Lord Treasurer Mr. Vice-Chamberlain Mr. Secretary and the Earl of Warwick him to his Seat after to Mr. Vice-chamberlain and Mr. Secretary excusing her self to them and used great Insinuations to persuade them She said to the Earl of Warwick that she had heard that he was an Honourable Gentleman desiring him not to believe all things he heard of her and also she desired him to commend her to my Lord of Leicester saying that she wished him good Success in his Affairs To the Judges and Lawyers she To the Judges and Lawyers said I pray God bless me from you you have sore Hands over them that be under you And to Mr. Phillips Thou never readest any good for me and so Mr. Phillips the Lords brake up their sitting on Saturday October 15. 1586. at One of Lds. break up the Clock in the Afternoon and adjourned the Commission to the Star-Chamber The
about the Scaffold went a Rail half a Yard high round covered with black Cotton so was her Stool the Boards and the Block and a Pillow to kneel upon There did sit upon the Scaffold the two Earls the Sheriff stood and the two Executiones When they were placed Mr. Beale Clerk of the Council did read her Majesties Commission aforesaid under the great Seal after which the Dean of Peterborough by direction of the Lords being provided began to speak unto her for her better preparation to die as a penitent Christian in the true faith of Christ But when he began his exhortation she staid him immediately refusing to hear him and said she had nothing to do with him nor he with her for she was settled in the Catholick Roman Faith which she would die in Then the Earl of Kent willed Mr. Dean to pray for her that if it might stand with Gods Will she might have her heart lightned with the true knowledg of God and die therein which was pronounced by him accordingly and followed of the beholders All which while she having a Crucifix of white bone between her hands prayed in Latin very loud prayer being ended she kneeled down and prayed to this effect for Christs afflicted Church and an end of their troubles for her Son for the Queens Majesty that she might prosper and serve God and confessed that she hoped to be saved only by the blood of Jesus Christ at the foot of whose Crucifix she would shed her blood that God would avert his plagues from this Island that God would give her grace and forgiveness of her sins Then she rose up and was by both the Executioners disrobed She said she was not wont to be undressed by such Grooms and desired to have two of her Gentlewomen to unrobe her the which was granted and being stripped into her Petticoat which being done she kissed her women and willed them not to cry for her but to rejoice and lifted up her hand and blessed them and also her men not standing far off Then she kneeled down most resolutely without all fear of death and after one of her women had knit a Kerchew before her eyes she spake aloud the Psalm in Latin In te Domine confido non confundor in eternum Justitia tua libera me Then lay she down and stretched out her body and her neck upon the Block she cryed In manus tuus Domine c. and so received two stroaks The people cryed God save the Queen and so perish all Papists and her Majesties enemies All things were taken from the Executioners and not suffered to have so much as the Aprons before they were washed the Blood and Cloaths and whatsoever was bloody was burned in the fire made in the Chimney in the Hall and by the Scaffold The whole discourse of the Arraignment of Philip Howard Earl of Arundel the 18th day of April 1589. and in the 31st year of the Reign of Queen Elizabeth FRom the outward Bar in the Kings-Bench was there a Court made of Thirty Foot square within which was a Table of Twelve Foot square The form of the Scaffold covered with Green Cloth and in the same Court were Benches to sit upon covered with Green Say in the midst of the same Court at the upper end was placed a Cloth of State with a Chair and Cushion for the Lord Steward from the midst of the same Court to the midst of the Hall was built a Gallery for the Prisoner to come upon to the Court in length One Hundred and Ten Foot and in breadth Fifteen Foot and in height from the ground Six Foot railed round about and going down with Seven Steps Between Eight and Nine of the Clock in the morning the Earl of Derby Earl of Derby Lord Steward Lord Steward his Grace entered the Hall attended on by divers Noblemen and Officers Four Serjeants at Arms with their Maces waiting before him next before his Grace the Earl of Oxford Lord great Chamberlain of England My Lord of Derby's Grace being seated in his Chair of State every Nobleman was placed in his degree by Garter King of Heraults At his Graces feet did sit Mr. Winckefield one of her Majesties Gentlemen-Ushers holding a long white Wand in his hand being accompanied with Mr. Norris Serjeant of the Garter Before them did sit Mr. Sands Clerk of the Crown of the Kings-Bench Opposite against my Lord's Grace did sit the Queens Majesties Learned Council viz. 1. Sejeant Puckering 2. Serjeant Shettleworth 3. Mr. Popham the Queens Attorney-General 4. Mr. Edgerton the Queens Solicitor The Names of the Commissioners on the right hand sitting upon a lower Bench under the Lords of the Jury 1. SIR Francis Knowles Knight Treasurer of the Houshold Commissioners on the right hand 2. Sir James Acrofte Knight Controler of the Houshold 3. Sir John Parrat one of her Majesties most Honourable Privy-Council 4. Mr. Woolley Secretary of the Latin tongue of the Privy-Council 5. John Fortescue Master of the Wardrobe and of the Privy-Council 6. Dr. Dale one of the Masters of Request to her Majesty 7. William Fleetwood Serjeant at Law and Recorder of London 8. Mr. Rockby Master of Requests and Master of St. Katherines The Names of the Comissioners on the left hand 9. THE Lord Chief Justice of England 10. The Master of the Rolls Commissioners on the left hand 11. The Lord Chief Justice of the Common Pleas. 12. The Lord Chief Baron of the Exchequer 13. Justice Perryman of the Common Pleas. 14. Justice Gamdy of the Kings Bench. The Serjeant at Arms usually attendant on the Lord Chancellor named Roger Wood was commanded to make on O Yes Three times Roger Wood. Cryer Then Mr. Sands Clerk of the Crown read the Commission And Sir Francis Knowles Knight gave up the Verdict of the great Assize Verdict Then was called Mathew Spencer Serjeant at Arms to return his Precept which was returned and read After that the Noblemen and Peers of the Jury for his Tryal were severally called by their Names as followeth 1. William Lord Burleigh Lord Treasurer of England 2. Edward of Oxford Lord great Chamberlain of England 3. William Lord Marquess of Winchester 4. Henry Earl of Kent 5. Henry Earl of Sussex 6. Henry Earl of Pembrook 7. Edward Earl of Hartford 8. Henry Earl of Lincoln 9. Henry Lord Hundsdon Lord Chamberlain of her Majesties Houshold 10. Peregrin Lord Willoby and Earsby 11. Lord Morley 12. Lord Cobham 13. Arthur Lord Gray 14. Lord Darcy of the North. 15. Lord Sands 16. Lord Wentworth 17. Lord Willoughby of Parham 18. Lord North. 19. Lord Rich. 20. Lord St. John of Bletsoe 21. Lord Buckhurst 22. Lord De La Ware 23. Lord Norris Then the Lieftenant of the Tower was called to return his Precept and to bring forth his Prisoner Philip Earl of Arundel The Earl came into Lieftenant the Hall being in a wrought Velvet Gown furred about with
Martins laid about with Gold Lace and buttoned with Gold Buttons a Black Satten Doublet a pair of Velvet Hose and a long high Black Hat on his head a very tall man looking somewhat Swarth-coloured His Apparel Then was the Earl brought to the Bar with the Axe carryed before him by Mr. Shelton Gent. Porter of the Tower being accompanied with Prisoner brought to the Barr. Sir Owin Hopton Knight Lieftenant of the Tower Sir Drew Drewry Constable of the Tower for the time Mr. Henry Bronkard and others At my Lord of Arundel his coming to the Bar he made two Obeysances to the State and to the Nobles and others there present Then did Mr. Sands Clerk of the Crown say he was Indicted of several Treasons and said unto him Philip Howard Earl of Arundel late of Arundel in the County of Sussex hold up thy hand He held up his hand very high saying Here is as true a mans heart and hand as ever came into this Hall Mr. Sands then read the Indictment THat whereas divers traiterous persons in the parts beyond the Seas being Indictment natural English men viz. Dr. Allen Parsons Champion Mote and divers others have heretofore divers and sundry times with sundry persons as well English men as of other Countries practised to accomplish and bring to pass several dangerous and unnatural Treasons against the Queens Majesty her Royal Person Crown and Dignity viz. to subvert the State invade the Realm to set up Catholick Religion to raise Insurrections c. Amongst which number of unnatural Traitors the Earl of Arundel was well acquainted with that notorious Traitor Dr. Allen by means of Bridges Weston Ithell and other Popish Priests with whom divers times sithence the 20th year of her Majesties Reign he hath had private and secret conference and communication of several Treasons insomuch that the Earl of Arundel did presently dispatch his several Letters by Bridges aforesaid to Dr. Allen to wish him at any hand to do something concerning the Cause Catholick wherein he promised to perform any thing that Dr. Allen should think fit for him to do And whereas the 24th day of April in the 27th year of the Queens Reign he was flying by Sea to Dr. Allen that Arch-Traitor and that the Bishop of Rome and the King of Spain were thereupon solicited by Allen aforesaid to raise war against this Realm And whereas also the Earl of Arundel had understanding of a Bull that Sixtus the fifth Pope of that name had sent into England for the excommunication of her Majesty and for the invading of the Realm c. And that at the Tower the 21st of July in the 30th year of her Majesties Reign he did imagine with other traiterous persons that the Queen was an Heretick and not worthy to govern the Realm and that he did move and procure one William Bennet a Seminary Priest to say Mass for the happy success of the Spanish Fleet whereupon he had Mass and did help to say Mass himself to that purpose And having news of the conflict at Sea betwixt the Spanish Fleet and the English he procured Sir Thomas Gerrard and divers others then Prisoners in the Tower to say Mass with him for the fortunate success of Spain and that he made a prayer specially for that purpose to be daily used and exercised amongst them HEreupon Mr. Sands asked the Earl of Arundel if he were guilty or not guilty of the several Treasons comprised in the said Indictment Sands To this the Earl answered he would fain know whether the several points in the Indictment contained were but one Indictment yea or no. Earl The Judges satisfied him it was but one Indictment and a matter he need not stand upon Judges My Lord vouched a Case in Edw. 3. and in the end said not guilty and was well content to be tryed by his Peers and liked the Tryal well that Earl he should be tryed by such good Noble-men there present that knew his Life He said he had been Prisoner four years and 25 weeks close Prisoner and that he had been sick and weak whereby his memory might fail him and therefore humbly desired my Lord Steward's Grace making Three several Obeysances on both knees that he might be heard to make answer to every particular point My Lord Steward answered that there was no other meaning nor intent Lo. Steward and that he should be heard deliberately Then did Mr. Serjeant Puckering deliver to the Lords of the Jury the Puckering effect of the Indictment and other Evidence at large as followeth First that my Lord had private and secret Conference with Bridges aforesaid Conference with Traytors and divers other Traitors and Seminary Priests and that he had written his Letters to Dr. Allen to find which way he might further the Cause Catholick That he did Fast twenty-four hours and prayed for the happy success of Fasting and Prayer Traitors that should kill the Queen the Spanish Fleet. That Allen and others being arrant Traitors had taken order that in the 22d year of her Majesties Reign there should be 50 men in privy Coats and pocket daggers to kill the Queen and that one Pain and one Elliot were put in trust to perform the same That my Lord was a Catholick and favoured their proceedings My Lord answered he was no Catholick in the 22th year of the Queens Earl Reign That he secretly was flying out of the Realm to Dr. Allen being an His flying out of the Realm Throckmortons Opinion Arch-Traitor which doth argue my Lord to be no good Subject That Throckmorton practising his Treasons by sounding the Ports he did set down in his Catalogue that a South-west wind would serve from Spain to Arundel Castle in Sussex and an Easterly wind from the Low-Countries That in Throckmortons Catalogue of all the names of all the Noblemen and Gentlemen of every Shire that affecteth the Catholicks he began in Sussex and set down the Earl of Arundels Name the first That further one Mott a Priest informed Throckmorton that he was come Mott a Priest over to sound the intents of the Earls of Arundel and Northumberland and others My Lord answered when Mott was in Sussex he never came there but alwayes attended at Court Earl Mr. Puckering said the Traitors have a good Conceit of my Lord of Puckering Arundel in knowing him to be affected to the Catholick Cause It was defined that the Catholick Cause was meer Treason Petro Paulo Rossetto came over to sound Noblemen and Gentlemen in England Then said my Lord how prove you me to be a Traitor in these points Earl Because said Mr. Popham you have confederated with Traitors by desiring Popham Dr. Allen in your Letters to employ you any way that concerned the Cause Catholick because you have been reconciled to the Pope and there was a Law made in the 22d year of this Queen that
whosoever was Reconciled to the Pope from the obedience of the Queens Majesty was in case of Treason My Lord confessed that Bridges did confess him but not reconcile him in Earl any such sort but only for absolution of his sins Mr. Popham charged him that he did once submit himself but Sithence Popham fell from his submission and therefore practised new Treasons He confessed he was acquainted with the Priests and by two of them had been absolved and confessed Earl Sithence which time said Mr. Popham he came to the Church and fell to Popham the Catholick Cause again which he cannot do by their Order unless he be Reconciled My Lord denyed that ever he came to the Church after that time There was a Letter sent to the Queen of Scots by Morgan of France in Commendation of two Priests wherein he saith one of them had reconciled Morgan of France the Earl of Arundel Edmonds a Priest upon Examination said that Reconciliation was odious Edmonds a Priest Earl My Lord said these be but Allegations and Circumstances and that they ought to be proved by two Witnesses It was justified he said once in the Star-Chamber amongst the Lords there assembled concerning a Libel there in Question that whosoever was a Priest or Papist was an arrant Traytor Mr. Popham said it was a discontentment made my Lord a Catholick and Popham not Religion and that he did disguise himself in shadow of Religion There was a Picture shewed that was found in my Lords Trunk wherein Picture was painted a Hand bitten with a Serpent shaking the Serpent into the fire about which was written this Poesie quis contra nos on the other side was painted a Lyon Rampant with his Forces all bloody with this Poesie tamen Leo my Lord said one Wilgrave his man gave him the same with a pair of Hangers for a New years gift One Jonas Meridith being examined c. by way of Communication with a Towns-man who commended my Lord of Arundel for his forwardness Meridith in that he had often observed my Lord at Pauls Cross This Jonas answered that he knew he had often been at Pauls-Cross in the Fore-noon and hath heard a Mass with him at the Charter-house in the afternoon To this my Lord said nothing but seemed to deny it My Lord being examined in the Tower of his sudden going away to Sea Earl he answered to serve the Prince of Parma or whither Dr. Allen should direct him for the Cause Catholick My Lord said also he was going away for fear of some Statute should be made in the 22d of this Queens Reign against the Catholicks in that Parliament and that Dr. Allen advised him that he should not come over if he could tarry here in any safety because he might be the better able to make a Party in England when they came Before my Lords going to Sea he writ a Letter to be given the Queen after he was gone wherein he found fault with her hard dealing in giving countenance to his Adversaries and in disgracing him and that he was discontented with the Injustice of the Realm towards his great Grand-Father his Grand-Father and his Father My Lord said Hollinshead was faulty for setting forth in his Chronicle that his Grand-Father was attainted by Act of Parliament but shewed no Hollinshead cause wherefore He said in his Letter his Grand-Father was condemned for such trifies that the people standing by were amazed at it he found fault also with the proceedings against his Father Whereby 't is apparent said Mr Popham 't was discontentment moved my Lord and not Religion and fearing lest his friends should think amiss of him Popham he left a Copy of his Letter with Bridges a Traytor to be dispersed to make the Catholicks to think well of him for said Mr. Popham being discontented he became a Catholick and being so great a man he became a Captain of the Catholicks which is as much as to be a Captain over Traytors A Counterfeit Letter was made 22 dayes before his going to Sea directed to one Baker at Linne there being no such man abiding wherein was signified A Counterfe it Letter that my Lord was very hardly dealt withal by some of the Council and that he was gone into Sussex and a farther Voyage and that he would come home by Norfolk This was a Counterfeit Letter said Mr. Attorney appointed by my Lord Mr. Attorney to be dispersed to make it known he was discontented Also Allen sent a Letter to the Queen of Scots in Ciphers shewing a great party in England Allen sent my Lord word if he did come over he must take a greater Title than that of Earl upon him and therefore my Lord in this stile To Philip Duke of Norfolk Earl of Arundel Babington in his examination said the Queen of Scots sent him word that the Earl of Arundel was a fit man to be a chief Head for the Catholicks Babington Allen sent word to Rome that the Bull which was last sent over into England Allen. was at the Intercession of a great man in England My Lord said Mr. Popham was one of the principallest and acquainted Popham thus far with Allen Ergo my Lord of Arundel that great man Dr. Allen made a most villanous and slanderous Book which was very hard to be got in which was contained that the Earl of Arundel was a procurer of the last Bull and the procurer of the Invasion also the Bull it self was some part read and the Book was part read also My Lord being charged on his confession being examined why he would be ruled thus by Dr. Allen he excused it by saying that he said he would Earl be ruled by Allen in all things saving in that did concern her Majesty and the State and thereupon appealed to my Lord Chancellor and Sir Walter Mildmay who were not present Sir Christopher Hatton Lord Chancellour The Book aforesaid intended that my Lord was a practiser with Allen about the Invasion Then said my Lord he would serve the Queen against all Princes Pope Earl or Potentates whatsoever The Queens Sollicitor stood upon these points and because it was proved Mr. Sollicitor that the Earl of Arundel would be ruled by Allen in any thing that should concern the Catholick Cause And for that Dr. Allen hath since that time practised divers monstrous Treasons and continually hath built upon the help of some chief man in England there is none yet known of his degree that hath any thing to do with Allen and therefore my Lord must needs be culpable of all the Treasons Allen hath practised and procured in flying to Allen to serve the Prince of Parma ut antea My Lord was charged with relieving of divers Traytors as Priests and that he did converse and was confederate with divers and sundry Traytors attainted indicted and suspected being Prisoners in