midst of London to Tybourn and there to be Hang'd until thou art half Dead thy Bowels to be taken out and Burnt before thy Face thy Head to be Cut off and thy Body quarter'd and thy Head and Quarters to be at the Queens Will and Pleasure and our Lord have Mercy on thy Soul Duke You have said unto me as unto a Traytor God forgive you and wash my Innocent Blood from your Souls that it rise not in Judgment against you I condemn not you and yours I die no Traytor but a True man both to my Queen and Country And since you have put me out of your Company I hope to go where I shall find much better who will regard that Innocence which you have rejected I am at a point never to beg for Mercy where I have no Guilt but the Suit I have to you my Lords is that you will move the Queen to be good to my Children and Family and to see the Discharge of my Debts Thus fell that Illustrious Prince whose greatness in Estate and Title was his only Crime for being of an Antient and Splended Family the Blood-Royal of England and France not being out of his Veins and being Allyed to all the Considerable Families of England and having an Estate to support that Greatness of a hundred thousand Pounds a year Besides the Fortunes he obtain'd by his Marriages which was also very large All his Paternal Estate was dispos'd of by the Queen without regard to the Innocence of his Children the hard measure of his Accusations and his Obedience which led him to the pursuit of Her Commands upon all occurrences Which Estate as it is divided and Improv'd is valu'd at five hundred thousand Pounds a year My Lord of Leicester who was the Leading man at that time and sat with watchful Diligence at the Helm which he manag'd as his Interest or Passion inspir'd him First propos'd the Marriage of the Queen of Scots to the Duke of Norfolk which he refus'd till importun'd by the Perswasions of those that appear'd to be his Friends and assur'd by a Letter under Queen Elizabeths own Hand of Her Consent all which ensnar'd him till the Consummation of the Marriage which was made evident by a Letter kept long in the Family from the Hands of the Queen of Scots in which she Subscrib'd her self Your most Obedient Wife Mary of Scotland and Norfolk And this great Family thus Eclips'd remain'd under the Cloud of a severe Deprivation till the last King Charles of Blessed Memory restor'd them to their former Titles and Dignities that excellent Prince considered their long and silent Sufferings with what forwardness most of them engag'd their Lives and Fortunes in the Service of his Royal Father there being but two of all that great and numerous Family that drew a Sword against their King may those two be Bury'd in the dull ashes of Oblivion for ever and wip d out of our way as perhaps they are out of the Book of Life A Brief Account of the Noble Family of the HOWARDS THe Family of the Howards came into England with the Saxons being from a vast length of time very considerable in that Country having the Title of Barons and the Name in that Language being Hoffwerd as some Antient Books there Testify which signifies the chief Office in the Court William the Conquerour found them in a great Condition of Estate and Quality here according to the Mode and Method of those Times bearing Distinctions proper to Barons They continued most Eminent in their Country and link'd themselves into the greatest Families in the Kingdom as with all Evidence appears behold here A Brief Account of the Descent of the Dukes of NORFOLK THomas of Brotherton second Son of King Edward the First by Margaret of France his second Wife was Earl of Norfolk and High Marshal of England whose Daughter and Heir being Married to John Lord Segrave was created Dutchess of Norfolk and Elizabeth their Daughter and Heir being Married to John Lord Mowbrey was Mother to Thomas Mowbrey created Duke of Norfolk by King Richard the Second in the year one thousand three hundred ninety seven and first Earl-Marshal of England Which Thomas by Elizabeth his Wife Sister and Heir of Thomas Fitz-Allen Earl of Arundel was Father of John Mowbrey Second Duke of Norfolk and of Margaret his Eldest Daughter Wife to Sir Robert Howard Knight whose Son John Mowbrey the Third Duke of Norfolk was Father of John the Fourth Duke of Norfolk whose Daughter and Heir Dying without Issue in the Reign of King Edward the Fourth The Honours and Lands of Mowbrey were divided between John Lord Howard Son of Sir Robert Howard and Margaret Mowbrey who was Created Duke of Norfolk by King Richard the Third and William Lord Berkley Son of Isabella Second Daughter of Thomas Mowbrey First Duke of Norfolk This John Lord Howard Duke of Norfolk was slain at the Battle of Brosworth one thousand four hundred eighty five and Attainted leaving Thomas Howard Earl of Surry his Son Who in the fifth year of King Henry the Eighth was Restor'd Duke of Norfolk and Dying Thomas Howard his Son was Duke of Norfolk and Father of Henry Earl of Surry who was Beheaded the last of Henry the Eighth which Henry Earl of Surry was Father of Thomas Howard Duke of Norfolk who was Beheaded and Attainted for the Marriage of the Queen of Scots the Fourteenth year of Queen Elizabeth whose Son Philip Earl of Arundel in right of the Mother dyed in the Tower his Son Thomas the great Lord Marshal whose memory is a lasting Honour to his Family left his Son Henry of unblemish'd Honour and Reputation also whose Son Thomas was restor'd by the last King Charles the Second of Happy and Glorious Memory to the Dignity of Duke of Norfolk whose Brother Henry surviv'd him and left two Sons Henry the present Duke of Norfolk and the Lord Thomas Howard who hath Issue This flourishing Family has spread it self into many Eminent Branches as the Lord Viscount Stafford the Earls of Suffolk and Barkshire the Lord Escrick the Earl of Carlile and the rest of the Descendants from the Lord William Howard of Naworth whose Memory is to be preserv'd as Sacred in the Family who for Wisdom Virtue and Honour was the Glory of his Time he was Third Son of Thomas Duke of Norfolk whose Tryal and Unfortunate Death you have here had a view of the Sons of which Lord William Howard were men of great Honour and serv'd their King with their Lives and Fortunes his Second Son Sir Francis Howard having raised a Regiment at his own proper Charge and suffer'd a long Imprisonment in the Tower Collonel Thomas Howard the Fourth Son of the Lord William also raised a Regiment for King Charles the First of Sacred Memory and Bravely lost his Life at the Head of it having refus'd very Advantagious Conditions from the King of Portugal who had invited him into his Service
THE ARRAIGNMENT OF THOMAS HOWARD Duke of NORFOLK BEFORE THE Earl of SHREWSBURY Lord High-STEWARD of ENGLAND ALSO A Brief Derivation of the most Honourable Family of the HOWARDS With an Account of what Families they are Related to by Marriages Transcribed out of Antient Manuscripts never before Publish'd Printed by Nathaniel Thompson at the Entrance into Old Spring-Garden near Charing-Cross MDCLXXXV To the High and Mighty PRINCE HENRY Duke of NORFOLK Earl Marshal of ENGLAND Earl of Arundell Surrey Norfolk and Norwich Baron Howard Mowbrey Seagrave Brewes of Cower Fitz-Allen Warren Chun Oswaldestry Maltrevers of Cales Graystock Farnival of Sheffield and Howard of Castle-Rising Constable and Governour of His Majesties Royal Castle of Windsor Lord Warden of Windsor Forest Lord Lieutenant of the County of Norfolk Surry and Berks and of the City of Norwich and County of the said City And Knight of the most Noble Order of the Garter c. My Lord AS Your Grace is the Chief of Your Illustrious Family it would appear as rudely Improper to Dedicate this Discourse to any other as perhaps it doth an unbecoming presumption to present it to the Honour of Your hands and since there is no avoiding a Crime the least must be admitted for which I hope to obtain a Pardon with less Difficulty from that excessive Coodness which is your Character than I have had to Collect these scatter'd Papers slubber'd with Antiquity which were long preservd in Your Family and hastily thrown into this posture by My Lord Your Graces Most Humble and Most Faithful Servant J. Lacy. THE ARRAIGNMENT OF THOMAS HOWARD Duke of NORFOLK BEFORE THE Earl of SHREWSBURY Lord High-STEWARD of ENGLAND THe Names of the Lords Summon'd by Thomas Edwards Serjeant at Arms who being Call'd came and sat down in their Places appointed They that sat on the Right-hand of the Steward are Noted with the Letter A. and they that sat on the Left-hand with the Letter B. Earls Kent A. Worcester B. Sussex A. Huntington B. Warwick A. Bedford B. Pembroke A. Hartford B. Leicester A. Lords Clinton A. Howard of Effingham B. Burghley A. Grey of Wilton B. Monjoy A. Sands B. Wentworth A. Bourghrave B. Mordant A. St. Johns B. Rich A. North B. Shandois A. St. Johns of Bostock B. Buckhurst A. De la Ware B. Then was Robert Catlin Lord Chief Justice of England commanded to return his Precept upon Peril which being return'd was read Statute Issues and then the Lieutenant of the Tower was call'd to return his Precept and to bring forth his Prisoner the Duke of Norfolk Then was the Duke brought to the Bar between Sir Owen Hopton Lieutenant and Sir Peter Carew and next Sir Peter stood one holding the Tower-Axe with the edge from the Duke The Duke immediatly at his coming to the Bar perused all the Lords first on the Right-hand of the Steward then on the Left-hand and the Lieutenant deliver'd in his Precept Versus Thomas Ducem Norfolk c. And then was Proclamation made every man to keep Silence and Mr. Sandes spoke to the Prisoner in this manner Thomas Duke of Norfolk late of Kennington in Norfolk hold up thy thy Hand which done he read the Indictment the effect whereof was That He the 22th of September Anno Dom. 1570. did Traiterously Compose and Imagine to put to Death our Soveraign Lady the Queen to raise Rebellion to Subvert the Commonwealth and to stir up Forreign Enemies to invade this Realm and to Levy War against the Queen for that he knew Mary late Queen of Scots to have claim'd the Crown of this Realm and to have Nam'd her self Queen of England and bore the Arms of our Queen without difference did the 22th of Semptember Anno predict ' before and after Compose and Imagine to deprive destroy and put to Death our Soveraign Lady the Queen to raise Rebellion to subvert the Commonwealth and to stir up Forreign Enemies to Invade this Realm and to Levy War against the Queen for that he knew Mary late Queen of Scots to have Claim'd the Crown of this Realm and to have Nam'd her self Queen of England and bore the Arms without difference did the 22th of September Anno predict ' before and after without the Consent of our said Queen sent divers Tokens and Letters to the said late Scottish Queen and lent her divers Sums of Money and received divers Tokens from her contrary to the Commands 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 Westmorland the Northerns Markenfield and others which had Levyed War against the Queen the 16th of November Anno predict ' and had Assembled to them the number of 1000 persons and then fled the 12th of December Anno predict ' into Scotland and there were receiv'd by the Duke of Castol Herald Lord Hunne and there pursued by the Earl of Sussex He on the 7th of August Anno predict ' did send before and after Money unto them and that he being Adherent to the Pope the Queens Enemy the 10th of March Anno Reginae did Consent and Consult with Robert Rodulph Merchant Stranger and the Pope 's Factor to have Money from the Pope and the Duke of Alva and that they should send an Army to Invade the Realm to deliver the said Scottish Queen And further whereas the said Robert Rodulph had written in the Name of the said Duke three Letters one to the Pope the second to King Philip and the third to the Duke of Alva the said Duke sent his Servant to the Ambassador of King Philip to desire him to Certifie the Pope King Philip and the Duke that he allow'd of the same Letters and that they should be taken as sent from him which was so agreed but the said Robert Rodulph who deliver'd the Duke of Norfold 's Cyphers whereof he carried one Coppy to Rome whereby each might Certifie others and likewise requir'd of the said Duke what time the Aid should arrive that they might be provided And further that the said Duke did receive Letters from the said Pope with Promise of the said Aid And also that he did send Comfort to the Lord Ferris and other Scots the Queens Enemies c. Which Indictment being read Mr. Sandes said to the Duke How sayest thou Thomas Duke of Norfolk art thou guilty of these Treasons or not guilty Duke The hearing of this Indictment gives me occasion to make Request which I did not intend to have done Which is to have Council Assign'd me if the Law will permit it Catlin You must have none Duke That 's very severe I was told the Indictment was only concerning matters contain'd in the Statute of the 25th Edward the III. I have had very short warning not more than 14 hours night and all I am no Lawyer and there is many circumstances in which I must submit my self to the Opinion of the Justices I could not have
Books to inform my self and direct but must Fight without Weapons Yet I have heard in the Cause of Mr. Humphry Stafford in the time of Henry the VII in a Case of Treason had Councel Assign'd him Dyer The Case you speak of was concerning the pleading of a Sanctuary by prescription Duke I must submit then to your Judgments I must plead for my Life Lands Goods and Children and for that which I esteem much more Dear to me my Honour and Honesty my Blood will Cry aloud for Vengeance if I am Condemned Unjustly One Request I make to you my Judges to tell me if the Indictment be perfect in all or in part and in what part that thereto I may give my Answer Catlin The Cause being true the Indictment is sufficient Duke I should know whether they are all Treasons or no Sands How sayest thou Thomas Duke of Norfolk art thou Guilty of these Treasons or not Guilty Duke Not Guilty Sands How wilt thou be Tryed Duke By God and my Peers I am in a great Consternation at the Treasons that 's imputed against me but am comforted by the Justice of the Queen in giving me that Tryal which the Law alloweth me and it is such as I require But this Suit I make to the Lords that I may have Justice and not be opprest with Un-necessary Diversities my Memory is ill of it self and rendred much worse by evil usage since my severe Imprisonment I pray God I may forgive it And concerning you my Peers I hope I may call it my Happiness that I shall be Try'd by You in whose Hands I must put my Life and I think I dare into the single Hands of a great many of you whom I know profess Religion and I hope will not burthen your Consciences contrary to Law and Justice depending upon the clearness of my Innocence I would not take a needless and cowardly Flight I have what I expected and wish'd a Tryal I crave it with Justice and must confess I have neglected my Duty in matters under Treason I desire those Omissions be not imputed as Treasons Serjeant Berham This Indictment contains three several matters of Treason First It is by Deprivation of the Queens Majesty The second Is the Relief of the Rebels in England The third The assistance of the Scots the Queens Enemies To prove the first there are two matters of Fact declar'd in the said Indictment First knowing the Scottish Queen to have claim'd the Crown he hath attempted Marriage with her Also the Conspiracy to procure Forreign Power to Invade the Realm doth prove him Guilty of the matter Duke The Duke interrupting him said Mr. Serjeant You begin as I thought you would in laying the matters of the Marriage and other things to my Charge which are not Treason to exasperate the matter you may do your Duty but yet Conscientiously and then something smiling I should speak one thing which I had almost forgot A man suspected is half Condemned I have been charged with an Oath I protest I took the Oath as I shall prove I Pray let it not be laid out to my Discredit They desir'd it Barham He that would marry with one that claimeth the Crown hopeth to aspire to the same This matter began at such a time as the Duke was one of the Commissioners for hearing the Cause between the late Scottish Queen and the Lords of Scotland at which time the Duke took an Oath to deal therein directly to weigh indifferently occasions and Answers wherein notwithstanding he dealt indirectly thereby committing Perjury and disclosing the Queens secret Councels if you deny it I 'll prove it Duke This Case hath divers parts not within the compass of Treason Burham I demand if you know the claim Lord Steward Your Grace must Answer directly Gerrard After upon viewing Serjeant Burham and the Queens Attourney the Duke Confess'd the Claim but not the Contrivance c. Burham He shew'd the Contrivance by her Refusal to acknowledge the Queens Majesty to be the Lawful Queen Duke I did not approve it but I must defend her doing it she having a Husband did it which at the Request of Throgmorton was left by the Queen she hath since entred into League with her professing great Friendship and has Christen'd her Child Burham But she has not yet renounc'd her Claim and yet you have as far dealt with her as being the Queens Commissioner to hear the matter open'd to her the Accusations You gave Instructions how she should deal that matters might not come to light and conferr'd with the Bishop of Ross about the same For proof whereof was shew'd the Examination of the Bishop taken the 6th of November one thousand five hundred seventy one declaring that the Duke discocover'd to him all that he knew of that business and promis'd what help he could c. But he spoke nothing of the Marriage but referr'd all to Luddington who had caused the Duke to stay the Conference and shew'd unto him her good Will and how she was set to accompany the Earl of Murray to Convey the Queen where he shew'd that the Duke did Advertise him that they did go about to Degrade the Scottish Queen with the People of England that she might be the less able to attempt any thing against the Queen of England And these matters the Duke answer'd at large the effect was Duke Luddington only mov'd the Marriage to him which He at that time refus'd That he only told the Bishop of Ross he could not condescend to that Proposition and as her Circumstances were stated it would neither be for her Honour nor His He desir'd the Bishop of Ross might be sent for Then was shew'd a Letter of the Bishops wherein was contain'd That it was appointed the Earl of Murray should be Murthered in the North going into Scotland But the Duke having Discoursed with him at Hampton-Court about the Marriage to which he consented the intended Murder was also stopt There was also a Letter to the Duke shew'd moving the Marriage at that time and that it should be for the Advantage of his Family to Marry the Queen who proposed her Son should also Marry the Lady Margaret Howard the Dukes Daughter which Argument inclin'd the Duke to it Yet when it was rumour'd that he design'd the Marriage of the Scottish Queen he appear'd much offended and told the Queen of it and seem'd to dislike her for her former Marriages And said the whole Revenues of the Crown of Scotland the Ordinary Charges deducted was not so Considerable as his Estate in England and that he thought himself as great a Prince in his Bowling-Alley at Norwich as if he were King of Scotland this was affirm'd by Mr. Burham that he heard the Queens Majesty speak it and by the Dukes own Examination taken the sixth of November prov'd plainly It was further shew'd that at Treachfield he had Commandment not to proceed any further in that Marriage and yet it was