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
tending to the hurt of her Majesties Royal Person by any person or with the privity of any person that shall or may pretend Title to the Crown of this Realm THAT then by her Majesties Commission under her Great Seal the Lords and other of her Highnesses Privy Council and such other Lords of Parliament to be named by her Majesty as with the said Privy Council shall come up to the number of four and twenty at the least having with them for their assistance in that behalf such of the Judges of the Courts of Record at Westminster as her Highness shall for that purpose assign and appoint or the more part of the same Council Lords and Judges shall by vertue of the Act have Authority to Examine all and every the offences aforesaid and all circumstances thereof and thereupon to give sentence or judgment as upon good proof the matter shall appear unto them And that after such sentence or judgment given and declaration thereof made and published by her Majesties Proclamation under the Great Seal of England all persons against whom such sentence or judgment shall be so given and published shall be excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any her Majesties Dominions any former Law or Statute whatsoever to the contrary in any wise notwithstanding And that thereupon all her Highnesses Subjects shall and may lawfully by vertue of this Act and her Majesties direction in that behalf by all forcible and possible means pursue to death every such wicked person by whom or by whose means assent or privity any such Invasion or Rebellion shall be in form aforesaid denounced to have been made or such wicked act attempted or other thing compassed or imagined against her Majesties Person and all their Aiders Comforters and Abettors And if any such detestable act shall be executed against her Highness most Royal Person whereby her Majesties Life shall be taken away which God of his great mercy forbid that then every such person by or for whom any such Act shall be executed and their Issues being any wise assenting or privy to the same shall by vertue of this Act be excluded and disabled for ever to have or claim or pretend to have or claim the said Crown of this Realm or any other her Highnesses Dominions any former Law or Statute to the contrary in any wise notwithstanding And that all the Subjects of this Realm and all other her Majesties Dominions shall and may lawfully by vertue of this Act by all forceable and possible means pursue to the death every such wicked person by whom or by whose means any such detestable fact shall be in form hereafter expressed denounced to have been committed and also their Issues being any assenting or privy to the same and all their aiders comforters and abettors in that behalf And to the end that the intention of this Law may be effectually executed if her Majesties Life be taken away by any violent or unnatural means which God defend Be it further enacted by the Authority aforesaid that the Lords and others which shall be of her Majesties Privy-Council at the time of such her decease or the more part of the same Council joyning unto them for their assistance Five other Earls and Seven other Lords of Parliament at the least foreseeing that none of the said Earls Lords or Council be known to be persons that may make any Title to the Crown those persons which were Chief Justices of either Bench Master of the Rolls and Chief Baron of the Exchequer at the time of her Majesties death or in default of the said Justices Master of the Rolls and Chief Baron some other of those which were Justices of some of the Courts of Records at Westminster at the time of her Highnesses decease to supply their places or any Four and Twenty or more of them whereof Eight to be Lords of the Parliament not being of the Privy-Council shall to the uttermost of their power and skill examine the cause and maner of such her Majesties death and what persons shall be any way Guilty thereof and all circumstances concerning the same according to the true meaning of this Act and thereupon shall by open Proclamation publish the same and without any delay by all forceable and possible means prosecute to death all their Alders and Abettors and for the doing thereof and for the withstanding and suppressing all such power and force as shall be any way levied or stirred in disturbance of the due execution of this Law shall by vertue of this Act have power and authority not only to raise and use such Forces as shall in that behalf be needful and convenient but also to use all other means and things possible and necessary for the maintenance of the same Forces and prosecution of the said Offenders and if any such Power and Force shall be levied and stirred in disturbance of the due execution of this Law by any person that shall or may pretend any Title to the Crown of this Realm whereby this Law may not in all things be fully executed according to the effect and true meaning of the same that then every such person shall by vertue of this Act be therefore excluded and disabled for ever to have or claim or to pretend to have or claim the Crown of this Realm or of any other Her Highnesses Dominions any former Law or Statute whatsoever to the contrary notwithstanding And be it further enacted by the Authority aforesaid That all and every the Subjects of all her Majesties Realms and Dominions shall to the uttermost of their power aid and assist the said Council and all other the Lords and other persons to be adjoyned to them for assistance as is aforesaid in all things to be done and executed according to the effect and intention of this Law and that no Subject of this Realm shall in any wise be impeached in Body Land or Goods at any time hereafter for any thing to be done or executed according to the Tenor hereof any Law or Statute heretofore made to the contrary in any wise notwithstanding And whereas of late many of her Majesties good and faithful Subjects have in the Name of God and with the Testimonies of good Consciences by one uniform manner of writing under their hands and Seals and by their several Oaths voluntarily taken joyned themselves together in one Bond and Association to withstand and revenge to the uttermost all such malicious actions and attempts against her Majesties most Royal Person Now for the full explaining of all such Ambiguities and Questions as otherwise might happen to grow by reason of any Sinister or wrong Construction or Interpretation to be made or inferred of or upon the words or meaning thereof Be it declared and enacted by the Authority of this present Parliament that the same Association and every Article and Sentence therein contained as
whosoever was Reconciled to the Pope from the obedience of the Queens Majesty was in case of Treason My Lord confessed that Bridges did confess him but not reconcile him in Earl any such sort but only for absolution of his sins Mr. Popham charged him that he did once submit himself but Sithence Popham fell from his submission and therefore practised new Treasons He confessed he was acquainted with the Priests and by two of them had been absolved and confessed Earl Sithence which time said Mr. Popham he came to the Church and fell to Popham the Catholick Cause again which he cannot do by their Order unless he be Reconciled My Lord denyed that ever he came to the Church after that time There was a Letter sent to the Queen of Scots by Morgan of France in Commendation of two Priests wherein he saith one of them had reconciled Morgan of France the Earl of Arundel Edmonds a Priest upon Examination said that Reconciliation was odious Edmonds a Priest Earl My Lord said these be but Allegations and Circumstances and that they ought to be proved by two Witnesses It was justified he said once in the Star-Chamber amongst the Lords there assembled concerning a Libel there in Question that whosoever was a Priest or Papist was an arrant Traytor Mr. Popham said it was a discontentment made my Lord a Catholick and Popham not Religion and that he did disguise himself in shadow of Religion There was a Picture shewed that was found in my Lords Trunk wherein Picture was painted a Hand bitten with a Serpent shaking the Serpent into the fire about which was written this Poesie quis contra nos on the other side was painted a Lyon Rampant with his Forces all bloody with this Poesie tamen Leo my Lord said one Wilgrave his man gave him the same with a pair of Hangers for a New years gift One Jonas Meridith being examined c. by way of Communication with a Towns-man who commended my Lord of Arundel for his forwardness Meridith in that he had often observed my Lord at Pauls Cross This Jonas answered that he knew he had often been at Pauls-Cross in the Fore-noon and hath heard a Mass with him at the Charter-house in the afternoon To this my Lord said nothing but seemed to deny it My Lord being examined in the Tower of his sudden going away to Sea Earl he answered to serve the Prince of Parma or whither Dr. Allen should direct him for the Cause Catholick My Lord said also he was going away for fear of some Statute should be made in the 22d of this Queens Reign against the Catholicks in that Parliament and that Dr. Allen advised him that he should not come over if he could tarry here in any safety because he might be the better able to make a Party in England when they came Before my Lords going to Sea he writ a Letter to be given the Queen after he was gone wherein he found fault with her hard dealing in giving countenance to his Adversaries and in disgracing him and that he was discontented with the Injustice of the Realm towards his great Grand-Father his Grand-Father and his Father My Lord said Hollinshead was faulty for setting forth in his Chronicle that his Grand-Father was attainted by Act of Parliament but shewed no Hollinshead cause wherefore He said in his Letter his Grand-Father was condemned for such trifies that the people standing by were amazed at it he found fault also with the proceedings against his Father Whereby 't is apparent said Mr Popham 't was discontentment moved my Lord and not Religion and fearing lest his friends should think amiss of him Popham he left a Copy of his Letter with Bridges a Traytor to be dispersed to make the Catholicks to think well of him for said Mr. Popham being discontented he became a Catholick and being so great a man he became a Captain of the Catholicks which is as much as to be a Captain over Traytors A Counterfeit Letter was made 22 dayes before his going to Sea directed to one Baker at Linne there being no such man abiding wherein was signified A Counterfe it Letter that my Lord was very hardly dealt withal by some of the Council and that he was gone into Sussex and a farther Voyage and that he would come home by Norfolk This was a Counterfeit Letter said Mr. Attorney appointed by my Lord Mr. Attorney to be dispersed to make it known he was discontented Also Allen sent a Letter to the Queen of Scots in Ciphers shewing a great party in England Allen sent my Lord word if he did come over he must take a greater Title than that of Earl upon him and therefore my Lord in this stile To Philip Duke of Norfolk Earl of Arundel Babington in his examination said the Queen of Scots sent him word that the Earl of Arundel was a fit man to be a chief Head for the Catholicks Babington Allen sent word to Rome that the Bull which was last sent over into England Allen. was at the Intercession of a great man in England My Lord said Mr. Popham was one of the principallest and acquainted Popham thus far with Allen Ergo my Lord of Arundel that great man Dr. Allen made a most villanous and slanderous Book which was very hard to be got in which was contained that the Earl of Arundel was a procurer of the last Bull and the procurer of the Invasion also the Bull it self was some part read and the Book was part read also My Lord being charged on his confession being examined why he would be ruled thus by Dr. Allen he excused it by saying that he said he would Earl be ruled by Allen in all things saving in that did concern her Majesty and the State and thereupon appealed to my Lord Chancellor and Sir Walter Mildmay who were not present Sir Christopher Hatton Lord Chancellour The Book aforesaid intended that my Lord was a practiser with Allen about the Invasion Then said my Lord he would serve the Queen against all Princes Pope Earl or Potentates whatsoever The Queens Sollicitor stood upon these points and because it was proved Mr. Sollicitor that the Earl of Arundel would be ruled by Allen in any thing that should concern the Catholick Cause And for that Dr. Allen hath since that time practised divers monstrous Treasons and continually hath built upon the help of some chief man in England there is none yet known of his degree that hath any thing to do with Allen and therefore my Lord must needs be culpable of all the Treasons Allen hath practised and procured in flying to Allen to serve the Prince of Parma ut antea My Lord was charged with relieving of divers Traytors as Priests and that he did converse and was confederate with divers and sundry Traytors attainted indicted and suspected being Prisoners in
the Tower and that he had Mass in the Tower and that if the Spaniards should surprize the Tower Sir Owen Hopton should be put to the Rackhouse Proved He was also charged that divers Papists Seminaries and such like being Prisoners in New gate and other Prisons reported that they hoped to see the Earl of Arundel King of England and that Cardinal Allen should direct the Crown of England Proved Before the coming of the Spaniards Fleet when our Commissioners were in the Low-Countries news was brought to the Tower that we should have peace betwixt Spain and England then would my Lord of Arundel be pensive When the Spanish Fleet was upon our Coast and Newes was brought to the Tower that the Spaniards sped well then the Earl would be merry Then when News came the English Fleet sped well the Earl would be Proved sorry When News came the Spanish Fleet was come upon the Coast of Kent Proved my Lord said it is a great Wood and a puissant Fleet we shall have lusty play shortly I hope we shall plague them that have plagued us My Lord said he would not fight against any that came to fight for the Proved Catholick Faith He said when the Spanish Fleet was at Sea he would have Three Masses a a day for the happy success of Spain 3 Masses a day Proved Continual Prayer for Spain He said also he would have continual Prayer without ceasing for a time for the good success of Spain viz. he would have every 24 hours 5 Priests to pray two hours a piece for the defect of Lay-men and 14 Lay-men to pray every one an hour a piece for the happy and fortunate success of Spain Proved He made himself a special Prayer for that purpose and caused Copies thereof in haste to be made Proved Mr. Shelley then Prisoner in the Tower told my Lord that to exercise that Prayer were dangerous and wished my Lord to let it alone Therefore Shelley my Lord called for the Copy of the Prayer again and would not have it Copied He was charged that he did conjure Sir Thomas Gerrard Knight to keep Proved Sir Thomas Gerrard Proved Counsel in all these matters before set down who promised him he would Bennet also promised to keep his Councel and divers others Then were Sir Thomas Gerrard Mr. Shelly Bennet the Priest and divers Proved Bennet Prisoners removid others removed from the Tower to several other Prisons and upon Examination confessed all as aforesaid My Lord hearing all these matters laid hard against him by Mr. Sollicitor grew into some Agony and called for his Accusers face to face which the Learned Counsel did not yet yield unto Earl He was likewise charged that he came once meerly to Bennet the Priest in the Tower saying Come Mr. Bennet let us go pray that the Spaniards may beat down London-Bridge and promised to give him a Damask Gown shortly and that he hoped to make him Dean of Pauls ere it were long that the time of their delivery was at hand and willed them in any wise to be secret for if he should reveal these things he would deny them to his face When News came to the Tower that the Spanish Fleet was driven away my Lord said We are all undone there is no hope for us this year and the King of Spain cannot provide such a power again this five or six years The Earl is sorry for this News some of us may be dead and rotten ere that time There were then brought into the Court vivâ voce upon their several Oaths Anthony Hall and Richard Young a Justice of the Peace who aimed something by hearsay to the proof of the former matters Witnesses Also Sir Thomas Gerrard William Bennet Tuchnon Snoden and Ithel and divers others were closely kept in a place over the Kings Bench closed in Prisoners to witness with Arras and were thereupon severally called into the Court vivâ voce upon their several Oaths to affirm that which is specified before Sithence Mr. Sollicitor began to speak at this Marke Bennet the Priest was charged with a Letter written to my Lord wherein he should be sorry for the opening of these matters as aforesaid against my Lord. One Randal had writ this Letter in Bennets name by advice of my Lord of Arundel to blind his practises Bennet openly denyed the writing of Lord Gray that Letter whereupon my Lord Gray and my Lord Nroris asked Bennet Lord Norris if he knew of the Letter yea or no for their better evidence Bennet confessed he had been moved to such a matter but he did it not Against Sir Thomas Gerrard my Lord stood very stoutly in denyal of what he witnessed willing him to look him in the face and charging him as he would answer before God in whose presence he spoke to tell nothing of him but Truth In Answer whereof Sir Thomas referred himself to his Depositions before read to which he said he was sworn yea twice sworn There were called into the Court two Witnesses more viz. one Walton and one Church who justified Letters were brought from England to Walton Church and Hill Rehnes where they both were which Letters were sent by one Hill one of my Lords Faction that the Earl of Arundel should be General of the Catholicks when the Tower should be surprized To Walton my Lord took exception affirming that he was a naughty leud Fellow who had sold that little Land he had to three several men and of the other Witnesses he said that some were attainted some Indicted bad men and Prisoners and that their words were worth little credit Then said Mr. Popham they were never tortured but confessed all this Popham willingly and they are such as you have accompanied Here ended every man his Speech and the Noble-men and Peers of the Jury The Jury went together My Lord humbly having submitted himself to the consideration of his Peers with protestation of Loyalty the Lieutenant brought him from the Bar unto a Seat near unto the Court of Common Pleas where the Warders attended upon him My Lord Steward likewise withdrew himself a little while as it seemed Lord Steward to take some Refection having all the day for the time of this business forborn to eat any thing and presently returned to his Seat of State Within one hour after the Noble-men of the Jury came every one back and were again placed by Garter King of Heraulds Then Mr. Sands asked every man of the Jury severally beginning at my Lord Norris the youngest Baron and proceeding to my Lord Treasure the Fore-man whether the Prisoner were guilty yea or no. Which every one of them laying their hands upon their hearts did protest Verdict in their Consciences and upon their honours that he was guilty Then was the Lieutenant called to bring his Prisoner to the Bar who was brought accordingly attended as before Then said Mr. Sands unto him that he had been indicted of several Treasons Mr. Sands and that he had put himself upon the Tryal of his Peers who had found him guilty and therefore asked why Judgment should not be given against him Whereupon my Lord making three very low Obeysances upon his knees Earl did humbly submit himself to my Lord Steward his Grace and the favours of the rest of the Nobles and Peers there present and besought them to be Mediators for him that he might obtain at her Majesties hands to have order taken for his debts and to have Conference with his Officers and to talk with his wife and to see his Infant born after his Imprisonment whom he had never seen Then my Lords Grace pronounced judgment viz. that he should be conveyed to the place from whence he came and from thence to the place of Judgment Execution and there to be hanged until he were half dead his members to be cut off his bowels to be cast into the Fire his head to be cut off his quarters to be divided into four several parts and to be bestowed in four several places and so said my Lord Steward the Lord have mercy on thy Soul To this the Earl of Arundel said as it were softly to himself Fiat voluntas Dei And so having made a low Obeysance to the State the Lieutenant took him away Mr. Shelton going before him with the Edge of the Axe towards him Then was there an O Yes made by the Serjeant at Arms and the Court together with my Lord Stewards Commission dissolved which done my Lord of Darby took the whitewand out of Mr. Winckfields hand and broke the same in pieces and every man cryed God save the Queen FINIS
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
Ireland c. To our trusty and well-beloved Cousins George Earl of Sbrewsbury Earl Marshal of England Henry Earl of Kent Henry Earl of Darby George Earl of Comberland and Henry Earl of Pembrook greeting c. Whereas sithence the Sentence given by you and others of our Council Nobility and Judges against the Queen of Scots by the name of Mary the Daughter of James the 5th late King of Scots commonly called the Queen of Scots and Dowager of France as to you is well known All the States in the last Parliament assembled did not only deliberately by great advice allow and approve the same Sentence as just and honourable but also with all humbleness and earnestness possible at sundry times require solicit and press us to direct such further execution against her Person as they did adjudg her to have daily deserved adding thereunto that the forbearing thereof was and would be daily certain and undoubted danger not only unto our own life but also unto themselves their posterity and the publick estate of this Realm as well for the Cause of the Gospel and true Religion of Christ as for the Peace of the whole Realm whereupon we did although the same were with some delay of time publish the same sentence by our Proclamation yet hitherto have forborn to give direction for the further satisfaction of the aforesaid most earnest requests made by our said States of our Parliament whereby we do daily understand by all sorts of our loving subjects both of our Nobility and Councel and also of the wisest greatest and best devoted of all Subjects of inferiour degrees how greatly and deeply from the bottom of their hearts they are grieved and afflicted with daily yea hourly fears of our life and thereby consequently with a dreadful doubt and expectation of the ruin of the present happy and godly estate of this Realm if we should forbear the further final execution as it is deserved and neglect their general and continual requests prayers counsels and advices and thereupon contrary to our natural disposition in such case being overcome with the evident weight of their counsels and their daily intercessions importing such a necessity as appeareth directly tending to the safety not only of our self but also to the weal of our whole Realm We have condescended to suffer Justice to take place and for the execution thereof upon the special trusty experience and confidence which we have of your loyalties faithfulness and love both toward our Person and the safety thereof and also to your native Countries whereof you are most noble and principal members we do will and by Warrant hereof do Authorize you as soon as you shall have time convenient to repair to our Castle of Fotheringhay where the said Queen of Scots is in custody of our right trusty and faithful servant and Councellor Sir Amias Paulet Knight and then taking her into your charge to cause by your Commandment execution to be done upon her Person in the presence of your selves and the aforesaid Sir Amias Paulet and of such other Officers of Justice as you shall command to attend upon you for that purpose and the same to be done in such manner and form and at such time and place and by such persons as to five four or three of you shall be thought by your discretions convenient notwithstanding any Law Statute or Ordinance to the contrary And these our Letters Patents sealed with our great Seal of England shall be to you and every of you and to all persons that shall be present or that shall be by you commanded to do any thing appertaining to the aforesaid execution a full sufficient Warrant and discharge for ever And further we are also pleased and contented and hereby we do will command and authorise our Chancellor of England at the requests of you all and every of you the duplicate of our Letters Patents to be to all purposes made dated and sealed with our great Seal of England as these presents now are In witness whereof we have caused these our Letters to be made Patents Yeoven at our Mannor of Greenwich the 1st day of February in the 29th year of our Reign First After she was brought down by the Sheriff to the place prepared in the Hall for that purpose by the commandment of the Earls of Shrewsbury Octavo die Feb. 1586. and Kent her Majesties Commission aforesaid was openly read Then according to a direction given to Dr. Fletcher Dean of Peterborough he was willed to use some short and pithy Speech which might tend to admonish her of the nearness of her end and the only means of salvation in Christ Jesus As soon as he began to speak she interrupted him saying she was a Catholick and that it was but a folly being so resolutely determined as she was to move her otherwise and that our prayers could do her little good On Wednesday the 8th of February 1586. there assembled at the Castle of Fotheringhay the Earls of Shrewsbury and Kent with divers Knights The Assembly of the Lords at the death of the Queen of Scots and Gentlemen Justices of Peace in the Counties there and about Eight of the Clock the Earls and the Sheriff of the Shire went up to the Scottish Queen whom they found praying on her knees with her Gentlewomen and men and the Sheriff remembring her the time was at hand she rose up and said she was ready then was she led by the arms from her Chamber unto the Chamber of Presence where with many exhortations to fear God and live in obedience kissing her women and giving her hand to her men to kiss praying them all not to sorrow but to rejoice and pray for her she was brought down the Stairs by two Souldiers and being below and looking back she said she was evil attended and besought the Lords that she might for womanhood sake have two of her women to wait upon her they said they were only withheld for that it was feared by their passionate crying they would much disquiet her spirit and disturb the execution then she said I will promise for them they will do neither so two whom she willed were brought in to her Then she spake much to Melin her man and charged him as he would answer before God to deliver her Speeches and Messages to her Son in such sort as she did deliver them All which tended to will him to govern wisely and in the fear of God to take heed to whom he betook his chiefest trust and not to give occasions to be evil thought on by the Queen of England her good Sister And to certifie him she died a true Scot true French and true Catholick And about 10 of the Clock she was brought into the great Hall where in the midst of the Hall and against the Chimney in which was a great fire was a Scaffold set up of two Foot high and Twelve Foot broad having two Steps to come up
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