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
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
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
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
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 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