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. Showing the hopes the Papists then had of a Popish Successor in England; and their Plots to accomplish them. With a full ACCOUNT of the TRIALS 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 Poultry over-against the Stock-market. 1681.   

A Preface to the following Trials; 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, etc.  
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 alleging, that they were attempted by a few Private High-Spirited Gentlemen, extremely 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 filled to the Account of their Church, etc. 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 Elizabeth's Reign a continued Series of Popish Treasons successively, (though God be blessed unsuccessfully) carried on, and that not by a few Desperadoes, but by a great number of persons of the most considerable Fortunes and Abilities of the Roman Catholic 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 chief 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 umbrage; as now they do, viz. to raise Lies 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 Ruin; 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; 'Tis confessed, the same are not so exactly taken, as the Trials 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 Authenticness 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 'tis 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 Trials: 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 intolerable flatteries of Causin the Jesuit.  
Marry 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 Lorraine) born in December, 1541. she was scarce eight days old, when the King her Father died, and the Scottish Nobility being divided into Factions, (whereof the Family of the hamilton's, 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 King's 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 Grandchild 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 Heretic, but also gave out, she was Illegitimate, and so on both Accounts represented her as uncapable to succeed. Hereupon a Marriage was solemnised between the Dauphin and this Princess, Apr. 24th. 1588. in Nostredam Church at Paris.  
On the 27th of November following, Queen Marry of England, after a short Reign (rendered 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 Frenchking into such strong hopes of adjoining England to the Crown of France by the aforesaid Title of their Niece the Queen of Scots, that he openly owned 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, Householdstuff, 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) publicly assumed to themselves the Sovereignty of England and Scotland, as well as that of France and Scotland; pretending to Queen Elizabeth's Ambassador, who complained thereof sometime, that the Queen of Scots bore the Arms of England only to show 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 Edinburgh, 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 confirmed in France, they sought Evasions, and delayed so long, that in the interim King Francis the Second, not being Eighteen years old, died, and left the Queen of Scots a Widow of Nineteen, who thereupon resolved to leave France, and to return to her own Kingdom of Scotland.  
But Throgmorton, Queen Elizabeth's Ambassador, before she went, earnestly pressed her to confirm the said Treaty of Edinburgh, which she refused, alleging, 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 Calais, 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 herself should have no issue.  
This proposition startled Queen Elizabeth, who rather looked for the confirmation of the Treaty of Edinburgh, which she had so often promised; and therefore returned 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 through 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 always 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 men's 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, relinquished; 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 railed upon as dishonourable; and as for her matching with any Foreign 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 seemed 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 gratify her Fancy, and sortifie her Title.  
This Nobleman 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 confined 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 solemnised between the Queen and this young Lord, at which Queen Elizabeth appeared much dissatisfied; nor did their Nuptial Joys remain long uneclipsed, 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 prejudiced Authors who have sullied this great Princess' Fame, when the respect due to the Honour of Ladies, especially the Majesty of a Crowned Head, aught 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, rushed into the Queen's Apartment, as she was at Supper, and seizing upon one David Rizius (a Native of Piedmont, by profession a Musician, but for his Wit and Dexterity received 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 Britain: And though Providence was pleased to prevent her Miscarriage, yet the sight of so dismal a Tragedy could not but surprise her with wonderful astonishment, insomuch that some Philosophers will needs have it, that King James retained an aversion to the sight of naked Weapons, and attribute the same to the impressions of this unparelleled violence.  
Of which the King ('tis said) soon repent, and craved the Queen's pardon, charging Murray and Morton as the persons that instigated him thereunto. But the King himself did not long survive this Assassination; for within a month or two after, he himself in a tempestuous night was strangled in his bed, and then his body cast forth into a Garden: Who were the Contrivers and Actors of his murder, must perhaps remain a secret till the Universal 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 subtle and ambitious; and Morton, a great stickler in those times, and other their Confederates. But they on the contrary charged it upon the Queen, though without convincing proofs. Thuanus L. 40. Ad finem anni 1566, speaks as if the Pope's fingers were not altogether free from the fiains of this Prince's 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, 'twas answered, that their endeavours were vain, unless those were taken off through whose default it was that the thing was not already accomplished— perhaps his Holiness did not esteem the Lord Darnly, than King, to be fierce and active enough for the business, for he is noted to be a man of a soft temper, Gay and Amorous, not addicted to War, nor Master of any extraordinary Politics.  
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 ('tis said, designedly by Murray and his party) as a person most fit for her acceptance; and though he were more than suspected to be concerned in the murder, yet being thereof in a pretended Legal manner acquitted, and having obtained for that purpose a Divorce from his former Wife, the Queen was prevailed with to accept him for her Husband, not without the consent of many of the Nobility.  
This caused a suspicion 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 suspicions were so far improved, that quickly after Arms were raised on that pretence, and Bothwell forced to fly, and the Queen herself seized, and made Prisoner in Lechlevyn under the custody of Murray's Mother, formerly a Mistress to James the 5th, where threatening to prosecute her for Incontinency, and for the King's murder, and for Tyranny, etc. 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 herself by a flight of 60 Miles in one day to the house of the Lord Heris, where despairing of safety, and promising herself 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 dispatched 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 Trial 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 shown, wherein she accused Q. Eliz. for not performing her promises to her; and boasted, of Succours 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 questioned; 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 Westmoreland, instigated by one Nicholas Morton, a Popish Priest sent over by the Pope to pronounce Q. Eliz. an Heretic, and to have lost on that account all right and sovereignty. 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 fight; the first being betrayed 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 conferred upon Matthew Earl of Lenox, the young King's Granfather, he being Father to the late murdered King, before his Marriage with the Queen, styled 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 people's safety, as Nature, Reason, and her own Honour required. Whereupon finding those Foreign applications ineffectual, Domestic 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 usurped 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 Queen's 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 Rebleses (after they were put to flight) in Scotland, and the Low-Countries: that she had by Ridolph the Italian, importuned both the Pope and the King of Spain, and others, for Foreign 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 Chickens, and to account those that stood for her, the true Children of the Church. Lastly, that she had procured the Pope's Bull against the Queen, and had suffered herself publicly to be styled Queen of England by her Ministers in Foreign 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 persuaded it would be for the good of the Commonwealth; 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 Queen's 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 Pope's favour) in many matters, yet received 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 received 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 Foreign parts writ, or named 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 Queen's 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; 'tis certain they produced 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 Guise's 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 Edinburgh, 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, enforced 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 proceed. 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 inclined 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 Edinburgh.  
3. That she should condemn all the practices ever since that time, and ingenuously renounce them.  
4. She should bind herself 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 herself, and resist such practisers as public enemies.  
5. That she shall challenge or claim no right unto herself 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 herself should not only swear unto them, but also procure the Estates of Scotland to confirm them by public Authority.  
7. The King himself also should ratify them by Oath, and by writing.  
8. And that Hostages should be given.  
But these Consultations proved Abortive, the Scots rejecting them; and besides, Queen Elizabeth had notice that Holt, an English Jesuit, was sesecretly sent into Scotland, (not without the Scottish Queen's privity, as was suggested) to use means there for an Invasion of England. And indeed the Queen of Scots was too much addicted to, and influenced by the Jesuits and their Councils, who as they made use of her name to colour their traitorous designs against Queen Elizabeth, and therefore gave out, as if they had acted out of pure zeal to the Family of the Stuarts (as many of them will boast to this very day); yet 'tis plain, that in all these stirs they really minded nothing but their own Interest; for when they met with so many disappointments in their Plots, to bring the said Scottish Queen, before her time, to the English Crown; and withal despaired of turning her Son, King James, to their Religion, they presently began to start variety of new Titles, witness Parsons, alias Doleman's Book of Succession, and other Pamphlets by them fling abroad about those times: Nay, 'tis more than suspected, that as they egged on the Scottish Queen to ill practices against Queen Elizabeth, so when they had done (imitating their Father the Devil, who first tempts and then accuses), they betrayed her too, by making a secret discovery of those very Conspiracies in which they themselves had engaged her; and so were treacherously instrumental to hasten her death, hoping to take off Queen Elizabeth, and put by King James, and play a new Game, more for their advantage, with some other Pretender, as will more fully appear by and by.  
But to return in the mean time to our History: King James being, as you heard, in little better Condition than that of a Prisoner to Earl Gowry and his Confederates, or at least esteeming himself as such, on a sudden with a small Company conveyed himself to the Castle of St. Andrews, being then about 18 years of Age, to whom several of the Nobility with armed Troops repaired; and then he began to exercise his Royal Authority of himself, and declared in a great Assembly of the States, the Force before upon him to have been traitorously imposed, yet thought it most safe not to proceed with Rigour against his Surprizers, only advising them to departed the Court, and promised them pardon, if they would ask it within a time limited, which they declining, fled some into England, and others into other parts, only Gowry attempting a new Conspiracy, soon after lost his life.  
It was now the year 1584. And in England divers lewd Books were spread by the Jesuits, and other Popish Factors, asserting, that Princes Excommunicated, as Queen Elizabeth for sometime before had been by the Pope, were not to have any Allegiance paid unto them, but aught to be deposed, etc. These Seeds soon ripened into rank fruits of Treason and Rebellion, and had so far intoxicated one Sommervile, a Popish Gentleman, that coming privately to Court, and full of rage against all Protestants, he with his drawn Sword assaulted several persons, and being apprehended, declared like a stout Roman Champion, that he would murder the Queen with his own hands; whereupon he, and one Arden, an ancient Warwickshire Gentleman, his Father in Law, were executed; but Hall, a Priest, that excited them to this madness, got a Reprieve. Likewise one Throgmorton, eldest Son of John Throgmorton, Chief Justice of Chester, was discovered by intercepted Letters, directed to the Queen of Scots, to have entertained Treasonable correspondencies with Popish Princes beyond the Seas, and chief with the Guises, who had resolved to invade England, and free the Queen of Scots: And for raising of money to carry on the work here, one Paget, under the counterfeit name of Mope, was sent into Sussex, where the Foreigners were first to Land; and to facilitate their purposes, he had prepared two Catalogues, found in his Chests, one of the names and descriptions of all the Ports of England; the other of the Nobilitry and Gentry that favoured the Romish Religion, and that he had communicated all this to Mendoza, the Spanish Ambassador, then in England; whereupon he was condemned, and though he had twice confessed the fact, yet (like our Modern Popish Traitors) at the Gallows he stoutly denied all, and would needs be thought to die as innocent as the child unborn. However, Mendoza having thus violated, and forfeited the Privilege of an Ambassador, was commanded forthwith to departed with shame, at which the Spanish Court being dissatisfied, the Queen sent over Sir William Wade to justify the Action: But the King of Spain not admitting him into his presence, but slightingly putting him off to his Ministers, he in disdain refused to communicate it at all, and so returned home unheard, whereby a greater animosity arose between the two Crowns.  
Nor were the Popish party less busy in fomenting disturbances in Ireland, where Dr. Saunders, that had wrote several Pestilent Books, having drawn in the Earl of Desmond to Rebellion, and finding him defeated, and his Head sent into England, died miserably of famine, as he roamed up and down the Mountains, guilty and desperate as Cain, fearing each man he met would deservedly slay him. Likewise about the same time Providence was pleased in a wonderful manner to make a discovery of some other practices in agitation against Queen Elizabeth; for one Creighton, a Scottish Jesuit sailing in a small Vessel from the Low-Countries to Scotland, certain Sea-rovers of Holland (which then was revolted and at enmity with the rest of the Subjects of the Spanish King) happening to come up with them, took the said Ship; and though the Jesuit to conceal his Instructions and mischievous errand, tore several of his Papers to pieces, and fling them overboard, yet the wind miraculously (as he himself confessed afterwards) drove them back again, and cast them upon the Deck; which the Hollanders perceiving, and imagining that they might be of consequence, gathered them up carefully, and sent them to England, where by the great skill and industry of Sir William Wade, they were so joined together again, that the Contents were legible, and the Conspiracies on foot detected.  
The good Subjects of England finding their Country in this danger from abroad, and the life of their Queen (whereon the safety of their Religion and Liberties did seem at that juncture wholly under God to depend) daily attempted by various Plots and Machinations at home, all carried on by Papists out of a prospect of a Popish Successor, did think fit of their own accord solemnly to oblige themselves each to other for her safety, and to revenge her death on any that should occasion it; which agreement they called an Association, and was entered into by abundance of persons of all ranks and conditions throughout the Nation. The Tenor whereof was as follows.  
FOrasmuch as Almighty God hath ordained Kings, Queens and Princes, to have Dominion and Rule over all their Subjects, and to preserve them in the possession, and observation of the true Christian Religion, according to his holy word and commandment. And in like sort, That all Subjects should love, fear and obey their Sovereign Princes, being Kings or Queens, to the utmost of their power; at all times to withstand, pursue and suppress all manner of persons that shall by any means intent and attempt any thing dangerous or hurtful to the honour, state or persons of their Sovereigns.  
Therefore we whose Names are or shall be subscribed to this Writing, being natural-born subjects of this Realm of England, and having so Gracious a Lady, our Sovereign Elizabeth by the Ordinance of God, our most rightful Queen, Reigning over us these many years with great felicity, to our inestimable comfort: And finding lately by divers Depositions, Confessions, and sundry Advertisements out of Foreign parts from credible persons, well known to her Majesty's Council, and to divers others, that for the furtherance and advancement of some pretended Title to the Crown, it hath been manifested, that the Life of our Gracious Sovereign Queen Elizabeth hath been most dangerously designed against, to the peril of her person, if Almighty God her perpetual Defender, of his mercy had not revealed and withstood the same. By whose life, we, and all other her Majesty's true and loyal subjects, do enjoy all inestimable benefit of peace in this Land: DO for the Reasons and Causes before alleged, not only acknowledge ourselves most justly bound with our Lives and Goods for her defence, and in her safety to persecute, suppress and withstand all such Intenders, and all other her Enemies, of what Nation, Condition, or Degree whatsoever they shall be, or by what Council or Title they shall pretend to be her Enemies, or to attempt any harm upon her person; but do further think it our bounden duties, for the great benefit of peace, wealth, and Godly Government, we have more plentifully received these many years under her Majesty's Government, than any of our forefathers have done in any longer time of any other Progenitors, Kings of this Realm; to declare, and by this writing make manifest our bounden Duties to our Sovereign Lady for her safety.  
And to that end, WE and every of us, first calling to witness the Name of Almighty God, do voluntarily and most willingly bind ourselves, every one of us to the other, jointly and severally in the Band of one firm and loyal Society; and do hereby vow and promise by the Majesty of Almighty God, That with our whole Powers, Bodies, Lives and Goods, and with our Children and Servants, we and every of us, will faithfully serve, and humbly obey our said Sovereign Lady Queen Elizabeth, against all States, Dignities, and Earthly Powers whatsoever, and will as well with our joint and particular forces during our lives withstand, pursue and offend, as well by force of Arms, as by all other means of revenge, all manner of persons, of whatsoever state they shall be, and their Abettors, that shall attempt any act, or counsel or consent to any thing that shall tend to the harm of her Majesty's Royal Person, and will never desist from all manner of forcible pursuit against such persons, to the utter extermination of them, their Counsellors, Aiders and Abetters.  
And that any such wicked attempt against her most Royal Person shall be taken in hand, or procured, whereby any that have, may or shall pretend Fitle to come to this Crown by the untimely death of her Majesty so wickedly procured (which God of his mercy forbid) may be avenged, We do not only bind ourselves both jointly and severally never to allow, accept or favour any such pretended Successor, by whom, or for whom any such detestable Act shall be attempted or committed, as unworthy of all Government in any Christian Realm or Civil State:  
But do also further vow and protest as we are most bound, and that in the presence of the eternal and everlasting God, to prosecute such person or persons to death, with our joint and particular forces, and to act the utmost revenge upon them, that by any means we or any of us can devise and do, or cause to be devised and done for their utter overthrow and extirpation.  
And to the better corroboration of this our Loyal Band and Association, we do also testify by this writing, that we do confirm the contents hereof by our Oaths corporally taken upon the Holy Evangelists, with this express condition, That no one of us shall for any respect of person or causes, or for fear, or reward, separate ourselves from this Association, or fail in the prosecution thereof during our lives, upon pain of being by the rest of us prosecuted and suppressed as perjured persons, and as public enemies to God, our Queen, and to our Native Country; to which punishment and pains we do voluntarily submit ourselves, and every of us, without benefit of any colour and pretence.  
In witness of all which Premises to be inviolably kept, we do to this writing put our Hands and Seals; and shall be most ready to accept and admit any others hereafter to this Society and Association.  
Which Association, though entered into voluntarily, and by persons in their private capacities, was so far from offending Queen Elizabeth, and the Ministers of State in those times, or being looked upon as seditious, that in the next Parliament the same, was confirmed and established by Law, as follows Anno 27 Eliz. An Act for provision to be made for the security of the Queen's Majesties most Royal person, and the continuance of the Realm in Peace.  
FOrasmuch as the good felicity and comfort of the whole Estate of this Realm consisteth only, (next under God) in the surety and preservation of the Queens most Excellent Majesty; and for that it hath manifestly appeared, that sundry wicked Plots and means have of late been devised and laid, as well in foreign parts beyond the Seas, as also within this Realm, to the great endangering of her Highness most Royal Person, and to the utter ruin of the whole Commonweal, if by God's merciful Providence, the same had not been revealed. Therefore for the preventing of such great perils as might hereafter otherwise grow by the like detestable and devilish practices, at the humble suit, and earnest petition of the Lords Spiritual and Temporal, and the Commons in this Parliament Assembled, and by the Authority of the same Parliament, Be it Enacted and Ordained, If at any time after the end of this present Session of Parliament, any open Invasion or Rebellion shall be bad or made, into or within any of her Majesty's Realms or Dominions, or any act attempted, tending to the hurt of her Majesty's most Royal Person by or for any person that shall or may pretend Title to the Crown of this Realm after Her Majesty's decease; or if any thing that he compassed or imagined, tending to the hurt of her Majesty's 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 Majesty's Commission under her Great Seal, the Lords and other of her Highness' 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 virtue of the Act, have Authority to Examine all and every the offences aforesaid, and all circumstances thereof, and thereupon to give sentence or judgement, as upon good proof the matter shall appear unto them. And that after such sentence or judgement given, and declaration thereof made and published by her Majesty's Proclamation under the Great Seal of England, all persons against whom such sentence or judgement 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 Majesty's Dominions; any former Law, or Statute whatsoever to the contrary in any wise notwithstanding. And that thereupon all her Highness' Subjects shall and may lawfully by virtue of this Act, and her Majesty's 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 Majesty's 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 Majesty's 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 virtue 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 Highness' 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 Majesty's Dominions, shall and may lawfully by virtue 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 Majesty's 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 Majesty's Privy-Council at the time of such her decease, or the more part of the same Council, joining 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 Majesty's 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 Highness' 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 manner of such her Majesty's 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 virtue 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 virtue 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 Highness' 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 Majesty's 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 adjoined 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 Majesty's 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, joined themselves together in one Bond and Association, to withstand, and revenge to the uttermost all such malicious actions and attempts against her Majesty's 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 well concerning the disallowing, excluding, or disabling any person that may, or shall pretend any Title to come to the Crown of this Realm, as also for the pursuing, and taking revenge of any such wicked act or attempt as is mentioned in the same Association, shall, and aught to be in all things expounded, and adjudged according to the true intent and meaning of this Act, and not otherwise, nor against any other person or persons.  
The Scottish Queen was too quick sighted, not to perceive, that this Association was an Arrow levelled principally against her; yet whether pushed on by the greatness of her spirit, or the blindness of her Fate, or rather seduced by affording an ear as well to the treacherous counsel of her enemies, as unto the pernicious devices of her friends, she was still busy in Intrigues for procuring her Liberty; and particularly Queen Elizabeth had private informations from one Hart, a Romish Priest, that Dr. Allen, a Popish Fugitive (advanced by the Pope to the Cardinalate) for the Popish ecclesiastics of England, and Sir Francis Inglefeild for the Laity, and the Bishop of Rosse for the Queen of Scotland, had unanimously undertaken, and with the authority of the Pope, and consent of the King of Spain, decreed, that Q. Elizabeth should be deposed, and the King of Scotland disinherited of the Kingdom of England, as being both manifest and notorious Heretics, and the Queen of Scots to be married to some Catholic Nobleman, who should be chosen King of England by the English Catholics, and the Election ratified by the Pope, and the lawful issue of this man by the Queen of Scotland to be declared Successors to the Crown, etc.  
But these were only remote and vnfledged projects: there was another dangerous Conspiracy, somewhat of the same complexion, nearer hand, and almost ripened for execution, which in the year 1586. happily for Queen Elizabeth, but as to the Queen of Scots, fatally discovered; which in short was thus: One Gifford a Dr. of Popish Divinity had persuaded one John Savage (a man of great courage and blind zeal) that it was a meritorious work to take away the lives of Princes excommunicated, who thereupon made a solemn Vow to kill Queen Elizabeth. To render his attempt more feasible, and to rock the Queen and her Council into security, that the danger might so much the more certainly overwhelm them, by how much it was less apprehended, the Jesuits and Seminary Priests published a Book, exhorting the Roman Catholics in England to attempt nothing against their Prince, and to use only the Christian weapons, prayers and tears, etc. In the mean time, Savage waiting his opportunity, one Ballard, a Priest, that had been contriving in France with Mendoza, Paget and others, about invading of England, came over as a Soldier, by the name of Captain Foscu, and being not unacquainted with Savage's design, communicated the same to Mr. Anthony Babington, a Derbyshire Gentleman, of an ancient Family, Rich, very handsome, of an excellent Wit, Learned above his years, and a zealous Papist, who having lately been abroad, the Archbishop of Glasgow, the Scottish Queen's Ambassador, had engaged him with continual applauses of that Queen's Virtue and Beauty, and of promises of honours and preferments from her, obscurely intimating no less than hopes of Marriage, whereby the ambitious young man resolved to run all adventures to render himself capable of her good Graces; nor was that Queen wanting to give encouragement, by holding a correspondence with him by Letters in Cipher, which though for some time interrupted, by her removal from the Charge of the Earl of Shrewsbury to the Custody of Amias Paulet and Sir Drew Drury, was yet renewed again some time after, as by the Letters in the following Sheets appears.  
Babington being thus informed of Savage's Vow, resolving to have the murder of Queen Elizabeth effectually performed, would needs associate Five more with him for that attempt, and also drew in divers other Popish Gentlemen, no less fiery zealous than himself, into the Conspiracy, as Edward Windsor, Brother to the Lord Windsor, Thomas Salisbury, of a good Family in Denbyshire, Charles Tilney, of an ancient worshipful House, the only hope of his Family, and one of the Gentlemen-Pensioners to Queen Elizabeth (the last Two being lately reconciled to the Church of Rome by the said Ballard), Chidiock Tichburn, of Hampshire, Edward Abington, whose Father had been Cofferer to the Queen, Robert Gage, of Surry, John Travers and John Charnock, of Lancashire, John Jones, whose Father had been Tailor to Queen Mary, one Barnwell of an honourable Family in Ireland, Henry Dun, a Clerk in the First-Fruits-Office, and several others; but those that were to assassinate Queen Elizabeth, were the beforenamed, Savage, Abington, Barnwell, Tilney and Tichburn, the Conspirators were all Sworn to Secrecy, and had several Consults, as in Pauls-Church, St. Giles in the Fields, and in divers Taverns; and proceeded to that vanity, that they had also their Pictures drawn to the Life, all in one Table, with Babington in the midst, thus Circumscribed, High mihi sunt Comites, quos ipsa pericula jungunt.  
But that Verse being thought too plain, they removed it, and instead thereof inserted this Motto.  Quorsum haec, alió properantibus? 
The Plot being thus laid to murder Queen Elizabeth, and at the same instant to free the Queen of Scots, Foreign Forces to land, Rebels at home ready to join with them, and all things in so forward a posture, it will be convenient to observe how this desperate Contrivance was brought to nought: The beforementioned Gifford, the Priest, born in Stafford-shire, not far from Chartley, where the Queen of Scotland was kept, was sent over about this time by the Fugitives into England, under the counterfeit name of Luson, to remember Savage of his Oath, and secrerly to convey Letters to and fro, between the Queen and her Correspondents, which for some time he performed; for by corrupting a Brewer belonging to Amias Paulet, at a hole in a Wall, into which a stone was put, so that it might be taken out, he secretly sent in, and received back Letters; but the said Gifford, whether troubled in conscience, or corrupted with bribes; or terrified through fear, or (which I esteem more probable) appointed so to do, that he might precipitate the Queen to destruction, disclosed the whole Intrigue to Secretary Walsingham, and communicated to him all the Letters that either way he received, who unsealed and Copied them, and then by the rare skill of one Phillips, found out a Key to the cyphers, and by the dexterity of one Gregory, sealed them up again, so that they could not be perceived to have been opened, and then dispatched them away, as directed.  
Queen Elizabeth, by this means having notice of the storm that hung over her head, thought fit to prevent it in time; and when Walsingham would have suffered them to have proceeded further, the Queen refused, lest (as she said) in not taking heed of danger when she might, she should seem more to tempt God than to hope in him. Hereupon Babington and the rest were sought after, and having in vain endeavoured to abscond, were apprehended, and upon a fair Trial, and their own Confessions, condemned and executed.  
Hereupon Queen Elizabeth being much exasperated against the Queen of Scots, caused her Cabinets and Papers to be seized, wherein many Letters were found, and Copies of Letters both to and from Strangers, and also from divers Noblemen of England, which Queen Elizabeth prudently dissembled and buried in silence. As for Gifford, who made the discovery, he was soon after sent into France, under the notion of Banishment. Now that this Gifford might be set on work by the Jesuits, is very suspicious; for 'tis very unlikely, that he who first laboured to persuade Savage of the lawfulness and merit of murdering of Queen Elizabeth, and came over on purpose to remind him of that Vow, should all on a sudden have so tender a Conscience, or so much love, forsooth, to his Prince and Country, as of his own accord to discover the Intrigue, had he not a secret design to manage thereby, which is more probable, because 'tis plain they were now grown out of hope of restoring their Religion, either by the Queen of Scots or her Son, and therefore began to set up a feigned Title for the King of Spain, and employed one of their Society into England (as is affirmed by Pasquier a French Author) to draw off the Gentry from her to the Spaniard, and to thrust her headlong into these dangerous counsels, which brought her to her end; and at the same time, lest the Guises her kindred should give her any assistance, stirred them up to new enterprises against the King of Navarr, and the Prince of Conde.  
Nay, the Queen of Scots herself was not unacquainted with their designs to set up the Spaniard; for amongst other things we find, she one time used these words — When I being in Prison, and languished with care, without hope of Liberty, and there was not any more hope left for ever bringing to pass these things, which very many expected of me in my sickness and declining age, many thought it fit that the Succession of the Realm of England should be established in the Spaniard, or in a Catholic English man; and a Book was brought to prove the Right of the Spaniard; which being not admitted by me, I offended many.— History of the Life and Death of Mary Stevart Queen of Scotland, dedicated to her Son King James, p. 400.  
But leaving this Conjecture to the Judicious Reader, however it was designed, the event proved Funerous to the Scottish Queen: for her Secretaries being examined about the Papers found in her Closet, of their own accord acknowledged, that these in her Name were of their hand-writings, but Indicted by her in French, that she received Letters from Babington, and that they wrote back by her commandment the Answers there found.  
Hereupon the English Queen after some debate resolved to proceed against her upon the before recited Act of 26th. of Eliz. But when it was said, That according to the Formalities of Law she ought to be Tried at the Assizes by a Country Jury, and to hold up her hand at the Bar, Queen Elizabeth would by no means hear thereof, judging it very unbecoming her Royal Quality; and therefore chose rather to issue forth a Commission to divers Noblemen, and chief Personages of the Realm, together with the Judges, etc. who met at Fodringhay-Castle in Northamptonshire, (where she was then kept) on the 11th. of October 1586. and proceeded as in the subsequent Papers is related.  
And afterwards, viz. the 25th. of the same Month, in the Star-Chamber at Westminster (to which time and place the Commissioners had adjourned themselves) the sentence against her was pronounced and confirmed with the Seals and Subscriptions of the Commissioners. Whereupon both the King of Scots, and the French King, speedily sent their Ambassadors to intercede on her behalf with Queen Elizabeth, using all persuasive Arguments; that natural affection in the one, and likeness of Condition, and ancient friendship in the other could suggest. But when the loud voice of necessity of State seemed to drown all their Reasons, the French Ambassador l' Aubespine, resolves to prevent Blood with Blood; (and to save the Queen of Scots life, contrives to take away Queen Elizabeth's; and deals with one Mr. Stafford (whose Mother was of the Bedchamber to Queen Elizabeth) about it, who having not an heart to act such a Villainy himself, recommended one Moody a desperate Russian taken out of the Common Goal, who for money undertook it. But then they could not agree in the manner; Moody propounded Poison, or to lay a Bag of Gunpowder under the Queen's Bed, and suddenly fire it, (so that the Treason of that kind against King James, was not altogether a new invention, but the Devil had long before inspired some bloody Papists with the notion); but Trap the French Ambassadors Secretary liked neither of there Expedients, but would have her killed as the Prince of Orange was late before, who was shot into the Body with three Bullets, by one Balthasar Gerard a Burgundian, instigated thereunto by the Jesuits. But whilst they were th●● consulting, Stafford discovers all, whereupon Moody and Trap were apprehended, and confessed the whole Contrivance. This fresh and dangerous Plot much startled Queen Elizabeth, who perceived that her own Life could not be safe if she did not proceed to execute the Sentence upon the Scottish Queen. For from the prospect of her succeeding to the Crown, the Popish Conspirators laid the foundation of all their Traitorous practices.  
Yet never did Clemency and good nature more bravely resist the charms of Interest, and dread of danger, than in the noble breast of our Queen; for how extremely loath she was to consent to the death of the Queen of Scots, appears by the several Applications made by the Parliament to move her thereunto. As first, at Richmond on the 12th. of Nou. Serjeant Puckering Speaker of the House of Commons did in the name of that House represent unto her Majesty the divers apparent and imminent dangers that might grow to her Royal person, and to her Realm from the Scottish Queen and her Adherents, if remedy were not provided, which he delivered as follows.  
First touching the danger of her Majesty's Person.  
Both this Scotish Queen and her Favourers do think her to have Right not only to succeed, but to enjoy your Crown in possession; and therefore as she is a most Impatient Competitor, so will she not spare any means whatsoever that may bereave us of your Majesty, the only impediment that she enjoyeth not her desire.  
2. She is obdurate in malice against your Royal Person, notwithstanding you have showed her all favour and mercy, as well in preserving her Kingdom, as saving her life, and salving her honour. And therefore there is no place for mercy, since there is no hope she will desist from most wicked attempts, the rather for that her malice appeareth such, that she maketh (as it were) her Testament of the same, to be executed after her death, and appointeth her Executors to perform it.  
3. She openly and boldly professed it lawful for her to move Invasion upon you; and therefore as of Invasion victory may ensue, and of victory the death of the vanquished: so did she thereby not obscurely bewray, that she thought it lawful for her to destroy your Sacred Person.  
4. She thinks it not only lawful, but honourable also, and meritorious to take your life from you, as being already deprived of your Crown by the Excommunication of the Holy Father, and therefore it is like she will (as hitherto she hath done) continually seek it by whatsoever means.  
5. That she is greedy of your Majesty's death, and preferred it before her own life and safety. For in her direction to one of her late Complices, she advised under covert terms that whatsoever should become of her, that Tragical Execution should be performed on you.  
Secondly, Touching the danger of the overthrow of the true Religion.  
1. It is most perilous to spare her, that continually hath sought the overthrow and suppression of true Religion, infected with Popery from her tender youth, and being after confederate in that Holy League when she came to age, and ever since a professed enemy against the Truth.  
2. She resteth wholly upon Popish hopes to deliver and advance her, and is thereby so devoted to that profession, that as well for satisfaction of others, as for feeding of her own humour, she will supplant the Gospel, where and whensoever she may, which evil is so much the greater, and the more to be avoided, as that it slayeth the very soul, and will spread itself not only over England and Scotland, but also in those parts beyond Sea, where the Gospel of God is maintained, the which cannot but be exceedingly weakened by the defection of this Noble Island.  
Thirdly, Touching the peril of the state of the Realm.  
1. As the Lydians said, Unum Regem agnoscunt Lydi, duos autem tolerare non possunt; so we say, Unicam Reginam Elizabethem agnoscunt Angli, duas autem tolerare non possunt.  
2. As she hath already by her allurements brought to destruction more Noblemen and their houses, together with a greater multitude of the Commons of this Realm, during her being here, than she should have been able to do, if she had been in possession of her own Crown, and armed in the Field against us: so will she be the continual cause of the like spoils, to the greater loss and peril of this Estate; and therefore this Realm neither can nor may endure her.  
3. Again, She is the only hope of all discontented Subjects; she is the foundation whereon all the evil-disposed do build; she is the Root from whence all Rebellions and Treacheries do spring; and therefore whilst this hope lasteth, this foundation standeth, and this Root liveth, they will retain heart, and set on foot all their devises against the Realm, which otherwise will fall away, die, and come to nothing.  
4. Mercy now in this case towards her, would in the end prove Cruelty against us all, Nam est quaedam Crudelis Misericordia, and therefore to spare her is to spill us.  
5. Besides, It will exceedingly grieve, and in a manner deadly wound the hearts of all good Subjects of your Land, if they shall see a Conspiracy so horrible not condignly punished.  
6. Thousands of your Majesty's most Liege and Loving Subjects of all sorts and degrees, that in a tender zeal of your Majesty's safety, have most willingly both by open Subscription and solemn Vow, entered into a firm and loyal Association, and have thereby protested to pursue unto the death by all forcible and possible means such as she is by just Sentence found to be; can neither discharge their love, nor well save their Oaths, if your Majesty shall keep her alive; of which burden your Majesty's Subjects are most desirous to be relieved, as the same may be if Justice be done.  
7. Lastly, Your Majesty's most loving and dutiful Commons doubt not, but as your Majesty is duly exercised in reading the Book of God, so it will please you to call to your Princely remembrance, how fearful the examples of God's vengeance be, that are to be found against King Saul for sparing King Agag, and against King Ahab for saving the life of Benhadad; both which were by the just Judgement of God deprived of their Kingdoms, for sparing those wicked Princes whom God had delivered into their hands of purpose to be slain by them, as by the Ministers of his Eternal and Divine Justice; wherein full wisely Solomon proceeded to punishment when he took the life of his own natural elder Brother Adonias, for the only intention of a Marriage that gave suspicion of Treason against him.  
Herein We your Majesty's most loving and dutiful Subjects earnestly depend upon your Princely resolution, which we assure ourselves shall be to God most acceptable, and to us no other than the state of your Regal Authority may afford us, and the approved Arguments of your tender care for our safety under your Charge, doth promise to our expectation.  
To this Address the Queen returned Answer in a large Speech, soon after Printed, and too long here to recite; but amongst other things she used these expressions:  
Albeit, I find my life hath been dangerously sought, and my death contrived without desert, yet I am therein so clear from malice, as I protest it is, and hath been to me the greatest grief, that one not different in Sex, of like Estate, and near of kin, should fall into so great a crime: yea, I had so little purpose to pursue her with malice, that as it is not unknown to some of my Lords here, I secretly wrote her a Better upon the discovery of several Treasons, that if she would privately acknowledge them by her Letters to myself, she should never be called so publicly in question for them; neither did I that to circumvent her, for I knew then as much as she could confess, and so did I write. And if even yet, now that the matter is made but too apparent, I thought she truly would repent (as perhaps she would easily appear in outward show to do,) and that for her, none other would take the matter upon them, or that but mine own life only were in danger, and not the whole estate of your Religion and well do; I protest I would most willingly pardon and remit this offence. Or if by my death other Nations and Kingdoms might say, that this Realm had attained an ever prosperous and flourishing Estate, I would (I assure you) not desire to live, but gladly give my life, to the end it might procure you a better Prince.  
I am not unmindful of your Oath made in the Association, manifesting your great good wills and affections, taken and entered into, upon good Conscience and true knowledge of the guilt, for safety of my person, and conservation of my life, done, I protest to God before I heard it, or ever thought of such a matter, until a great number of hands, with many obligations, were showed me, which as I do acknowledge as a perfect argument of your true hearts and great zeal to my safety; so shall my bond be stronger tied to greater care for all your good.  
But forasmuch as this matter is rare, weighty and of great consequence, I think you do not look for any present resolution; the rather for that, as it is not my manner in matters of farless moment to give speedy answer without due consideration; so in this of such importance, I think it very requisite with earnest prayers to beseech the Divine Majesty so to illuminate my understanding, and inspire me with his grace, as I may determine that which shall serve to the establishment of his Church, preservation of your Estates, and the prosperity of this Commonwealth under my charge, wherein (for that I know delay is dangerous) you shall have with all conveniency our resolution delivered by our Message.  
Soon after this, her Majesty sent to both Houses, earnestly charging them to consider of some expedients, whereby she might spare the Scottish Queen, and yet preserve her own Life and State; who having severally in their respective Houses, and jointly at several Conferences debated the same, concluded, Nemine contra dicente, That there was no other effectual means or expedient could be sound out for continuance of the Christian Religion (I use herein their own words,) quiet of the Realm, and safety of her Majesty's Person, than that which was contained in their former Petition: Which was backed by another Speech of the Speaker of the Commons, assigning, by the direction of the House, these Reasons for such their resolution, viz.  
That if her Majesty should be safe without taking away the life of the Scottish Queen, the same were most probably, by one of these means following, viz.  
1. That happily she might be reclaimed, and become a Repentant-Convert, assigning her Majesty's great mercy and favours in remitting her heinous offences, and by her Loyalty hereafter perform the fruits of such Conversion.  
2. Or else, by a more straight Guard be so kept, as there should be no fear of the like attempts hereafter.  
3. Or that good assurance might be given by Oath, Bonds or Hostages, as cautions for her good and loyal demeanour from henceforth.  
4. Or, lastly, by Banishment, the Realm might be voided of her Person, and thereby the perils further removed that grow to her Majesty by her Presence.  
All which being duly pondered, did yet appear so light in all their Judgements, that they durst not advise any security to rest in any, no not in all of them. For,  
1. Touching her Conversion, it was considered, That if Piety or Duty could have restrained her from such heinous Attempts, there was cause enough ministered to her on her Majesty's behalf, when she not only protected her against the violence of her own Subjects, who pursued her to death by Justice, but covered her Honour, when the same by public Fame was touched, and the very Heinous and Capital Crimes objected against her before certain Commissary Delegates assigned to examine the same; and spared her Life, when for her former Conspiracies and Confederacies with the Northern Rebels, Her Highness was with great Instance pressed by both Houses in the 14th year of her Majesty's Reign, to do like justice upon her, as is now desired, and as her Treasonable practices than had most justly deserved. And whereas the Penalty of this Act sufficiently notified unto her, should have terrified her from so wicked attempts; she hath nevertheless insisted in her former practices, as a person obdurate in Malice against her Majesty, and irrecoverable; so as there was no probable hope of any Conversion, but rather great doubt and fear of Relapse, forasmuch as she stood obstinately in the denial of matter most evidently proved, and now most justly sentenced against her, and was not entered into the first part of Repentance, the Recognition of her offence, and so much the farther off from the true fruits that should accompany the same.  
2. As for a surer Guard, and more straight Imprisonment, it was resolved, That there was no security therein nor yet in the two other means propounded of Bonds and Hostages: For as much as the same means that should be practised to take her Majesty's Life away (which God forbidden), would aptly serve both for the Delivery of her Person, and Release of the Bonds and Hostages that should be given for Cautions in that behalf; which being unhappily achieved, and to our irreparable loss, who should sue the Bonds, or detain the Hostages? or being detained, what proportion was there in Bonds or Hostages whatsoever, to countervail the value of so precious and inestimable a Jewel, as her Majesty is to this Realm?  
3. But she will solemnly vow and take an Oath, that she will not attempt any thing to the hurt of her Majesty's Person. She hath already sundry times falsified her Word, her Writing, and her Oath, and holdeth it for an Article of Religion, That Faith is not to be holden with Heretics, of which sort she accounteth your Majesty and all the professers of the Gospel to be; and therefore have we little reason to trust her in that, whereof she maketh so small a conscience.  
4. As for Banishment, that were a stop à malo in pejus, to set her at liberty; a thing so greatly desired and thirsted for by her Adherents, and by some Princes her Allies, who sought her Enlargement chief to make her a Head to set up against her Majesty in time of Invasion.  
And therefore her Majesty's Death being so earnestly sought for Advancement of this Competitor, Her Highness could not remain in quietness or security, if the Scottish Queen should longer continue her Life.  
Yet notwithstanding all these Applications and Reasons, the Queen suspended her Resolution, and Answered this second Address with a Reserved Speech, which at once expressed her Love and Tenderness to her Kinswoman, and her Regards to the safety of her People; protesting, That she was so far from Cruelty, that for her own Life she would not touch Hers; and that her Care had not been so much how to preserve herself, as both, which she was sorry was become so hard, or rather impossible; and therefore concluded, That as she conceived their Consultations Wise, Honourable and Conscientious; so she desired for the present to suspend her positive Answer, etc.  
So far was this Pious Queen perplexed in this Affair, that she abandoned the Comforts of Society, and would oft sit solitary, without speaking a word to any: But at last delivered to Davison, one of her Secretaries, a Warrant signed with her own hand, for the Issuing a Commission under the Great Seal of England, for the Queen of Scots Execution, that it might be ready upon any Imminent danger; yet charging him not to acquaint any therewith. And the very next day sent him a Countermand; but he then acquainted her Majesty, that the Commission was already made, and passed the Seal; at which the Queen appeared angry, and blamed him for his haste. And indeed he had Communicated the business to several of the Council, and persuaded them, who were apt enough to believe what they desired, that the Queen Commanded that it should be put in Execution without delay. And so (having obtained such Warrant and Commission) they without her Majesty's privity, sent down one Beal with Authority directed to the Earls of Shrewsbury, Kent, Derby and others, to see her Executed. Which was performed accordingly; The Manner and Circumstances whereof, the Reader may find in the ensuing Narrative.  
She was put to Death the 18th of February, 1587. in the Six and fortieth year of her Age, and 18th of her Confinement; her Body being Honourably Buried in the Cathedeal of Peterborough; and from thence afterwards removed by her Son King james's, and laid under a Royal Monument in King Henry the Seventh's Chapel at Westminster.  
Variously was this Action censured; and I shall only say, That though the Physic was violent and extraordinary, yet it wrought a Cure, and preserved the Body-politick from those Domestic Paroxisms of Treason and Rebellion, that before daily disturbed and endangered it; for we do not find after that, any, or at least very few Conspiracies carried on against the Queen's Life, or the Government, though she lived afterwards between 14 and 15 years: For the Spanish Invasion, though it happened two years after, was not only a thing Foreign, but Contrived and Designed before the Queen of Scots Death.  
And as for the Proceed against the Earl of Arundel, the Crimes for which he was prosecuted had their Rise likewise in precedent times: For first having been questioned and confined to his House, and then set at Liberty, he attempted to fly beyond Sea, and therefore was Committed to the Tower, not only for the same, but likewise for Harbouring Priests, and Corresponding with Allen and Parsons the Jesuits, was fined 10000 Marks; and afterwards continuing his Disloyal practices, was for the Reasons in the following Papers specified, Condemned; though by the Queen's mercy Reprieved, and died naturally in the Tower in the year 1595.  
Two things further I must Remark: 1. What a strange Bias, and almost prodigious Influence Popery has even on the best dispositions, prevailing so far with this unfortunate Earl, that even contrary to Nature itself (and yet bate but his Religion, he is Represented as a good-natured man), He rejoiced with hopes of the Ruin of his Country. 2ly, That if you look over the Lists of the Lords Commissionated in these Transactions, you will find them to be of great and ancient Houses; and though some of their Families have almost ever since been of the Roman persuasion, yet they were then so well satisfied with the Proceed, that we meet not with One Voice pronouncing a Not Guilty in all the three Trials.  
History is one of the best Tutors of Policy, whereby the Ingenious will easily perceive how far former Occurrences hold parallel with, or may be considered in relation to Modern Affairs.  

THE Reader may be pleased to correct the Erratas, p. 2. instead of 1588. the year of the Marriage of the Queen of Scots, should be 1558. And in other places the Names Grey for Grey, Perian for Periam, and some other literal mistakes and faults, by the Context may easily be rectified or pardoned.    

The whole Discourse of the Duke of Norfolk's Arraignment the 17th day of January, Anno 1571. in the 14th year of the Reign of our Sovereign Lady Queen Elizabeth, etc.  
FIrst the O yes was made by Littleton a Sergeant at Arms, and then Proclamation 
Cryer. Lo. Steward.  was made as followeth: viz. My Lords grace the Queen's Majesty's Commissioner High Steward of England, doth Charge every man to keep silence, and hear the Queen's Majesty's Commission Read; The same Commission was read by Mr. Sands Clerk of the Crown, of the King's Bench, the Test whereof was the 14th day of February, Anno Elizabethoe 
Sands.  Reg. 14th, than was a large White Rod delivered to my Lord Steward by Garter, Principal King at Arms, who held the same a while, 
Lo. Steward. Garter. Norris. Sergeant at Arms. Call of the Court.  and after delivered it to Mr. Norris the Great Usher, who held the same all the time of the Arraignment: Then was called Thomas Edward's Sergeant at Arms, and willed to return his Writ, which being returned was read: Then was called all the Earls, Viscount's, and Barons, summoned to appear there that day, and every one to answer to their Names; the Earls and Lords that sat there that day, were these following. viz. 
Earls, Viscount, Lords.   

1. Reginald Grace Earl of Kent.  
2. William Somerset Earl of Worcester.  
3. Thomas Ratlife Earl of Sussex.  
4. Henry Hastings Earl of Huntingdon.  
5. Ambrose Dudley Earl of Warwick.  
6. Francis Russel Earl of Bedford.  
7. William Herbert Earl of Penbroke.  
8. Robert Dudley Earl of Leicester.  
9 Edward Seymor Earl of Hartford.  
10. Walter Devereux Viscount Hereford.  
11. Edward Fynes Lord Clinton.  
12. William Howard Lord of Effingham.  
13. William Cecil Lord Burleigh.  
14. Arthur Grace Lord Wilton.  
15. James Blunt Lord Mountjoy.  
16. William Lord Sands.  
17. Thomas Lord Wentworth.  
18. William Lord Borrough.  
19 Lewis Lord Mordant.  
20. John Pawlet Lord S. John.  
21. Robert Lord Rich.  
22. Roger Lord North.  
23. Edward Lord Chandois.  
24. Oliver Lord S. John of Bletsoe.  
25. Thomas Sackvile Lord Buckhurst.  
26. Lord De-La-Ware.   
Nine Earls, One Viscount, and Sixteen Lords, in all Twenty Six.  
Then was Robert Catlin Chief Justice of England, Commanded to return his Precept, upon the peril should follow thereof, which was returned and read: Then was called the Lieutenant of the Tower, to return his 
Lieutenant. Duke.  Precept and to bring forth his Prisoner Thomas Duke of Norfolk: Then was the Duke brought to the Bar, being held between Sir Owin Hopton on the right hand, and Sir Peter Carew on the left hand: And next unto Sir Peter, stood one holding the Axe of the Tower with the Edge from 
Axe of the Tower.  the Duke: The Duke immediately at his coming to the Bar, viewed all the Lords both on the Right hand, and on the left hand of the Lord Steward: Then the Lieutenant delivered in the Precept which was Read: And then was Proclamation made that every man should keep silence: And Mr. Sands spoke to the Prisoner in this manner; Thomas Duke of Norfolk 
Proclamation. Sands.  late of Hemming Hall in the County of Norfolk hold up thy Hand, which done he Read the Indictment, the Effect whereof was, That the 26th. day of September, in the 11th: year of the Queen's Majesty's Reign, and before and after, he did Traitorously compact and imagine to deprive and destroy and to put to Death, our Sovereign Lady the Queen; and to raise Rebellion, to subvert the Commonwealth, and so stir up Foreigners to invade the Realm: And to raise War against the Queen: For that he knew that Mary late Queen of Scots to have claimed the Crown of this Realm, and to have named herself Queen, and to have born the Arms 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 divers Letters and Tokens to the said Scottish Queen, and lent her divers great sums of Money, and Received tokens of her, contrary to the Commandment 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 levied 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 Majesty's Reign, fled into Scotland, and there were Received by the Duke of Castile's 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 Money to them: And that he being Adherent to Pius the Pope, Enemy to the Queen, the 10th. day of March, in the 13th. year of the Reign of the Queen, did consent 
Radolph Pope King Philip. Duke of Alva. Queen of Scots, Three Letters.  and consult with Robert Radolphe Merchant Stranger and the Pope's 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 Ambassador 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 Norfolk cyphers; whereof he carried one Copy to Rome, whereby each might Certify 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 Queen's Reign with Promise of the same aid; and that he did also send Comfort and aid unto the Lord Harris and other the Queen's Enemies. 
Lord Harris.   
Which Indictment being Read, Mr. Sands said to the Duke, how sayest 
Sands.  thou Thomas Duke of Norfolk, art thou Guilty of these Treasons or not Guilty? Then said the Duke, the hearing of this Indictment giveth me 
Duke.  occasion to make suit for a thing I meant not to have done, which is to have Council assigned to me if the Law do permit: Then said Catlin, 
Catlin.  the Lord Chief Justice, you must have no Council: 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 myself to the Opinion of the Judges; I could not have Books, I must fight without a Weapon: I have read of a Case of Humphrey 
Humphrey Stafford.  Stafford in the first of Henry the 7th. who in Case of Treason, had Council 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 Council: Then said the Duke, I must submit 
Duke.  myself 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 suit 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 sayest thou Thomas Duke of Norfolk; art thou Guilty of these 
Sands.  Treasons or not Guilty? The Duke Answered, not Guilty: how wilt thou be 
Duke. Sands. Duke.  Tried? by God and by my Peers; I am abashed said the Duke by these Treasons, but yet comforted again by the graciousness of the Queen, in granting me my Trial 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 Lord's Grace, that I may have Justice, and not be over-laid; my Memory is evil of itself, and worse by evil usage since my Imprisonment, I pray God I may forget it. And touching you my Peers, I account myself happy that I shall be tried 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 burden 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 Queen's Sergeant at Law, This Indictment 
Barnham.  contains three several matters of Treason: The first is the Deprivation of the Queen's Majesty: The second is the Relief of Rebels: The third is the Relief of the Scots the Queen's 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. Sergeant 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 Sergeant 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, notwithstanding, he dealt indirectly, and partially, thereby committing Perjury, and disclosing the Queen's Secrets, if he will deny it, than we will prove it. Then said the Duke, The Case hath divers parts clean 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 Queen's Attorney, The Duke confessed the Claim, but not the Continuance: Then Barnham shown the continuance by her Refusal 
Barnham.  hitherto to acknowledge the Queen's 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 Queen's 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 showed 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 shown 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 shown, 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 only 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 shown 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 showed a Letter of the Bishop of Rosses, wherein it was contained, that whereas it was appointed, that the Earl of Murrey should have been murdered 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 murder should be stayed: There was also a Letter of the Dukes shown, 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 shown 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 Queen's Majesty herself speak it, and by the Duke's Examination, taken the Sixth 
Affirmations of Barnham.  day of November, 1571. It is evident.  
Also he said it was further showed, 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 murder 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 destruction of the Queen's person: For the Jealousy 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 shown further, That whereas the Queen's 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 promised under his Hand and Seal, never to deal in that matter of the Marriage again.  
There was also showed a Provision, which he shown to one Robert Hickford, 
Hickford.  which was proved by the Examination of Hickford, to whom he shown the same, terming it a foolish Gawd.  
Then said the Duke, you may perceive I did not esteem of it, when I 
Duke.  termed it a foolish Gawd.  
Then was brought forth one Candish, who was Sworn in this manner. The Evidence that you shall give to the Peers and Nobles here assembled, 
Candish his Evidence.  shall be the Troth, and the whole Troth, so help you God, and the Holy Contents of this Book.  
The effect of his Evidence was, That being at South-Hampton with the Duke, and walking in his Chamber, he gave advise to the Duke to travel for the Queen's goodwill in the Marriage of the Scotish Queen.  
And the Duke answered He would have her, or else it should cost him his 
Duke.  Life.  
And at another time the Lord Lomley being at Hayward's place, and talking with the Duke. 
Lord Lomley.   
Then the Duke turned unto Candish, and ask him, saying, Canst 
Duke.  thou accuse me of any thing, I defy thee to thy Teeth.  
And he answered, That he would accuse him of nothing except it were about the Marriage. And also the said Candish said. That the Duke at 
Candish.  Kemminghall when he went from the Charter-House Church-yard, did say to the said Candish, there was nothing to undo them, but the rising of the Northern Lords, if they should then arise; and that the Duke did farther ask him if the Queen were dead, and whether by means thereof he might procure his Uncle Candish to be on his side.  
These matters the Duke utterly denied, and declared of how small Credit the said Candish was, and how he gave him money; and that he was of 
Duke.  no Estimation.  
It was further showed how the Duke sent one Haber to the Earls, willing 
Candish.  them not to rise, for if they did they were all undone.  
There was also showed a Letter of the Scotish Queens writing to the Duke in Ciphers, which was Read and Deciphered, which declared her sorrow upon a Rumour, that the Earl of Northumberland was taken long before the rising. 
Earl of Northumberland.   
To all these matters the Duke answered, That it was unlikely that he should thus proceed, if it were true that he were charged with the compass 
Duke.  and imagining the Queen's deprivation, and that the chiefest Evidence against him was Rosse, who by Bracton ought not to be received as a Witness, nor to be credited, and therefore no Evidence to prove any over-fact. Also he further said, that Haber never came to the Earls of any such Message, and that he never offered to fly, which he might have done, if he had thought himself Guilty. He said also he never esteemed so of those two Earls, that he would trust them with his Life; if they can prove any such thing, he would yield himself Guilty.  
Then said Mr. Jarrat, the Queen's Attorney General, you have heard the Attempt of the Marriage, well and sufficiently proved. For the 
Jarrat.  first over-fact, wherein is proved the compassing of the deprivation of the Queen's Highness.  
The Second over-fact is the dealing with the Pope, King Philip, and the Duke of Alva, for the bringing in of a Power to land within this Realm, 
Pope, King Philip, Duke of Alva.  which God hath revealed wonderfully according to the saying nihil est tam occultum quod non revelatur, when it was first opened, it came by six hundred pounds Delivered and Sealed in a Bag to one of Shrewsbury, only for Fifty, Pounds, who could not be in quiet until it was opened to some of the Council that then by occasion were here in London.  
The Queen and the Council understanding of the whole matter, and after by occasion of Letters directed to 40. and 30.  
But now it appeareth that by 40 the Duke is meant, and by 30 another noble man.  
The Duke's Secretary dealing with Ranolph found the Ciphers hidden in the Tiles of the House; and found it out by chance. Also a Letter Deciphered 
Duke's Secretary.  by Hickford commanded by the Duke to to be burnt was found out under the Mat going to the Duke's Chamber.  
These Matters are to be proved by the Examination of those that are neither indicted nor convicted of Treason.  
The Duke hereunto made a large Answer: The effect was,  
That it was a Course intended by others, which he wholly misliked; 
Duke.  and that they should be guilty of their own Treasons, and not to lay it on his Shoulders, to ease themselves.  
Then said Mr. Jarrat, you had Conference yourself with Ranolph for 
Jarrat.  the bringing in of 10000 Men out of Flanders, to be landed at Harwich; whereof 3000 should be Horsemen of proof.  
For proof whereof was read the Examination of Baker to the ninth Interrogative.  
It was further showed, that Ranolph and he conferred about several Letters touching the same matters.  
The Letters were, one to King Philip, and the other to the Duke of Alva.  
And that Ranolph should send those Men, and return himself within six Weeks, that the Duke, before the end of the Parliament, might confer with his Friends.  
But when these Letters were made, the Duke would not subscribe unto them: and then it was devised by Rosse, that the Duke should send Baker to the Spanish Ambassador, to show him that the Duke was contented with those Letters, and that they should pass as his, and that he did allow them as his own, and that the Spanish Ambassador should certify him thereof.  
Then said the Duke, My Memory is too weak to answer these many numbers of matters: you of the Queen's Council have Notes of all things, 
Duke.  and I at a sudden must answer you all.  
First, It is very unlikely I should deal with the Pope; I had rather be torn with wild Horses than change my Faith.  
The unlikeliness of Harwich may be sufficient matter to answer all. It is known very well how hard it is for a Power to travel in that Country, which is all Lanes, Ditches and Hedges. If I had gone about any such matter, I would have made provision for Armour: I have not bestowed above ten pound in Armour this ten years, except it were eight Corslets of proof; I have not two Barrels of Gunpowder. All these things I would have provided if I had meant any such things. Also, I would never have sent Baker of any such Message; but rather Banister, who I trusted better than twenty Bakers.  
There was then showed forth a Letter of the Bishop of Rosses to the Scotish 
A Letter of the Bishop of Rosses.  Queen, which he writ since his Imprisonment: which opened the whole matter of the former Discourse.  
Then the Duke desired to see the Letter, for he doubted whether it was 
Duke.  his Hand.  
To whom the Lord Steward spoke, and said; you need not doubt but 
Lord Steward.  that it is the Hand of Rosse.  
There was also read a Letter of the Duke's to Bonells, written with Red 
A Letter written in Red Ochre.  Ochre since the Duke came into the Tower; willing him to bury the Bag of Letters which Barker had laid in a certain place, and to lay it on Rosse, whom the Law could not touch, because he was an Ambassador.  
The Duke answered, I received a Letter that I had accused divers, and 
Duke.  that Letter was Answer to the same: and when I saw such searching, I gave advice in that matter, for the avoiding of further trouble.  
There was also another Letter of the Duke's, that he could be charged 
A Letter.  no further than consenting to that: therefore, if he loved his Life, he should take heed whom he accused.  
Mr. Bromley, the Queen's Solicitor General, shown Letters of Radolphe, 
Bromley.  sent by Rosses Servant to Charles Bailiff: by the which it appeared how the Duke of Alva liked the matter, and how he enquired how far Harwich was from London.  
Also he shown the Pope's Letters, dated the fourth day of May, containing Answer of the Letters sent by the Duke.  
And he further opened, how the whole Course of Conspiracy was opened in Antwerp to an Ambassador of a Foreign Prince, who thereof certified his Lord; and that Foreign Prince brought the whole Discourse to the Queen's Majesty: which, because it touched others as well as the Duke, it should be opened to the Peers, when they were assembled together by those that were of the Queen's Council.  
Then Mr. Wilbrome made an excellent Discourse for the Credit of the Depositions of Rosse, and other the Servants of the Duke. 
Wilbrome.   
To which the Duke answered, That he could hardly come after so smooth a Tale as the Attorney of the Court of Wards could tell. But yet, said he, 
Duke.  in all his Tale he touched nothing what Fear could do. And further cited Bracton for the disproof of those Witnesses.  
Catlin the Lord Chief Justice answered, that in such Cases and matters 
Catlin.  of Treason, the Depositions of Strangers might be taken; and it lay in the Peers to credit the same.  
Then they proceeded to the second Point of Treason contained in the Indictment. Which was, to prove the Aid of the Rebels after they fled. Which was proved by Order given by the Duke to distribute amongst them his great Reward; whereof the Earl of Northumberland had part, and the Countess of Northumberland and the residue had other parts.  
Then was showed a Letter of the Countess of Northumberland of thanks 
A Letter.  for the same.  
Then the Third Point of Treason was the Aiding of the Scotish Rebels, the Queen's Enemies. Which was proved by a Letter written by the Duke to Banister; and also, by the Examination of Banister, and the Delivery 
Banister.  of the Money to Browne of Shrewsbury, and the Earls Letter with the same. 
Browne.   
To which the Duke required the Opinion of the Judges, whether the Subjects of another Prince, that Prince being in League with the Queen, may 
Duke.  be accounted the Queen's Enemies.  
The Lord Catlin answered, that they might well enough; as the Queen 
Catlin.  may War with any Duke in France, and have Peace with the King.  
Then said the Lord Steward to the Duke, Have you any thing else to 
Lord Steward.  say.  
Then said the Duke, I trust to Law and Right. 
Duke.   
Then said the Lord Steward; Lieutenant of the Tower, withdraw your Prisoner from us a while. 
Lord Steward. Lieutenant.   
Then was O yes made, and Silence proclaimed, and the Lord Steward said: 
O yes.   
You, my Lords here have heard, how that Thomas Duke of Norfolk hath been 
Lord Steward.  indicted of divers Points of High Treason, and he hath hereunto pleaded Not Guilty, and did put himself upon the Trial of God and You his Peers. You are now therefore to consider of his whole Indictment which you have heard, whether he be Guilty, or not Guilty, and thereon say your minds upon your Honours and Consciences. And so he willed them to departed together, and return so soon as they could; and so they departed to a place for that purpose, where the Chancery is kept, and there they conferred in the sight of all that were in the Hall, and when they returned to sit in their places, the Earl of Shrewsbury commanded the Duke to be had further out of hearing. 
Earl of Shrewsbury.   
Then he asked the youngest Lord; how say you, my Lord De Laware, is Thomas Duke of Norfolk Guilty of these Treasons that he hath been Indicted of, yea, or no, and he standing up in his place, answered Guilty; and the like question was asked of all the Lords severally one after another, and every one answered Guilty.  
Then was the Lieutenant willed to bring his Prisoner to the Bar again, 
Lieutenant.  who being put in his place,  
The Lord Steward said: Thou, Thomas Duke of Norfolk, hast been Indicted 
Lord Steward.  of several points of High Treason, and hast pleaded thereunto not Guilty, and hast put thyself upon Trial of God, and thy Peers, who have all found thee Guilty; what canst thou say, why Judgement should not be given accordingly.  
The Duke answered, the Lords will be done; God be Judge between 
Duke.  me and my false accusers.  
There was made a pause a good while, and forthwith the edge of the Axe of the Tower was turned towards him.  
Then said Mr. Barnham to the Lord Steward, may it please your Grace to understand how Thomas Duke of Norfolk hath been Indicted of several 
Barnham.  Treasons, and hath pleaded not Guilty, and did put himself upon Trial of the Peers who have found him Guilty; I am therefore in the behalf of our Sovereign Lady the Queen to pray Judgement.  
Then said the Lord Steward, whereas thou Thomas Duke of Norfolk 
Lo. Steward.  hast been Indicted of several Treosons, and hast pleaded thereunto not Guilty; and didst put thyself upon Trial of thy Peers who have found thee Guilty.  
Therefore the Court doth award, That thou shalt be had from hence to the Tower, and from thence to be laid upon a Hurdle; and drawn through the midst of the City to Tyburn and there be Hanged until thou be half dead, and then thy bowels to be taken out and burned before thy Face, thy Head to be cut off, and thy Body to be quartered, and thy Head and Quarters to be at Queens Majesty's pleasure, and the Lord have have mercy on thy Soul.  
Then said the Duke, You have said to me as unto a Traitor; but I 
Duke  trust to God and to the Queen; and forasmuch as I am excluded your company, I trust to be where I shall find better company, I am at the point, I will never sue for mercy: Yet one suit I have to you, my Lords, that it will please you to move the Queen's Majesty to be good to my poor Children and to my Servants, and to pay my Debts.  
Then the Lieutenant was commanded to have him away, and Proclaamation 
Lieutenant.  was made that every man should departed in God's Name, and the Peace of the Queen's Majesty: And then the Lord Steward broke his Rod, and so all ended, 1571. 
Lord Steward.   

The Confession and End of Thomas Duke of Norfolk, beheaded at the Tower-Hill the Second Day of June, Anno Dom. 1572, as followeth, etc.  
IT is not rare, good People, to see a man come to die; although, thanks be to God, since the beginning of the Queen's Majesty's Reign, in this 
Duke.  place hath not been any. But since it is my Fortune to be the first, I pray God I may be the last: Such hath been, and is the mercifulness of her Majesty, whom God long preserve. You know I have been long looked for in this present case of mine, divers times in this place; but by her Majesty's Clemency prolonged hitherto: It is not common to see a man of my Vocation to be a Speaker: Nevertheless I will be brief, and gladly show you the Estate of those offences which my Conscience doth burden me for: I have been found by my Peers worthy of Death, whereof I do acquit them; for I come not hither to Justify myself, neither yet to charge my Peers with Injustice; but rather submit myself to this which God hath prepared for me: And thus considering the weakness of my Flesh and Blood, that at such time a man's senses will partly fail, I do mind to divide my Speeches into three parts, desiring you to take it full and whole, and not to tear it in pieces.  
And first in dealing in matters temporal towards the Queen of Scots, I dealt not as a good Subject, for that I made not the Queen's Majesty 
Duke.  privy thereunto, which indeed I confess I ought not so to have done; for this offence I was committed to this house [pointing to the Tower,] and upon my humble submission delivered; then making promise to the Queen's Majesty, (whom I pray God long to prosper) never to deal in those matters again: But contrary to my submission and Promise made to the Queen's Majesty, abusing her Clemency towards me; which hath and doth grieve me more than any one thing hath done; I dealt in this matter again, perfectly for saving my Life, and other Causes which I could allege.  
Here Mr. Sheriff Branch, standing by the Duke desired him very courteoussy to make an end as short as might be, for the time did spend. 
Sheriff Branch.   
Then the Duke beginning again said, it hath been bruited, that I took my Oath and received the Sacrament, that I should never deal in those matters again; which is untrue, and yet the Oath too much.  
Now Mr. Christopher one of the Officers hearing these words, desired the Duke to be short: We are come hither said he, to see you put to Execution, 
Christopher.  and we must not delay while these Speeches pass from you, for in this we hazard our Lives.  
Then the Duke said, I do not excuse myself; but I come to discharge my Conscience and to acquit my Peers, and not to complain of any injustice, for I have deserved this, and more a great deal; in that I have abused the Queen's Majesty's mercy towards me; whom once again with Hands lifted up, I pray God long to Preserve and Reign over you, and that my death may be an end of all troubles; and to Augment my fault, it is said I had familiarity with evil dealers: Indeed I will confess and tell you that I never saw, nor never had Conference, but once with one Radolph, and yet never against the Queen's Majesty, God is my Judge; although many lewd offers and motions were made to me: For it is well known I had to do with him, by reason I was bound to him by Recognisance for a great sum of Money, and for two Letters that came from the Pope. I confess I did see them, the one Cyphered, the other Descyphered, I never consented to them; neither was I consenting to the late Rebellion in the North, notwithstanding I come not hither as unguilty.  
To the second part, I know I have not only been thought to be a Papist, a 
Duke.  favourer of Papists and a maintainer of them, God is my judge before whom I stand (lifting up his Eyes) I thank God I was never a Papist since I knew what Religion meant, but I did always detest Papistry, and all the vain Toys thereof, embracing ever from the bottom of my Heart the true Religion of Jesus Christ, trusting by the assurance of my Faith in his blood, that is my only Redeemer and Saviour: Indeed I must confess that I had Servants and Friends that were Papists; But if thereby I have offended God's Church, or any Protestant, I desire God and them to forgive me.  
Well now to the Third point wherein I am to show how much I am bound to the Queen's Majesty for her mercifulness towards me, in that her Majesty hath promised to be good and gracious to my poor Children. I remember good Father Latimer making a Sermon in a more honourable place than this is, out of the Pulpit, (neither do I compare myself to him) He said, That God did often times take away a good and gracious Prince, for the sins and disobedience of his Subjects, which God grant not to be in these days; but that it will please God to continue and increase her Majesty's Years; yea, until the World's end, if it be his blessed will and pleasure: You have a most gracious Queen as I must needs confess, and also Godly Religion, therefore look that your Live and Conversations be answerable to the Religion of Christ, that proves you: That God may prosper the Prince, overthrew the Pope, and maintain your Wealth and Quietness. Let not my Person, good People, make my Speech worse; they that have Factions (I speak not particularly but generally) let them beware they be given over betimes; seek not to breviate Gods do, lest God prevent yours.  
And then the Sheriff hastening him, he turned to the People, and embracing Sir Henry Lee, said, I have, and always have had as true a Heart to my Prince 
Sheriff. Sir Henry Lee. Duke.  as ever any Subject hath had. And so Sir Henry Lee staying him by the left Arm, he kneeled down and asked the Queen's Majesty forgiveness, and rising again, he embraced Mr. Dean of Paul's with a cheerful Countenance, and afterwards for the most part shaking those that were on the Scaffold by 
Mr. Dean of Paul's.  the hands, and desiring them to pray for him; amongst the rest, the Executioner 
Executioner.  did on his knees desire forgiuness of his Death, who did very Courteously forgive him; and put into the hand of the Executioner four Sovereigns of Gold and Eighteen Shillings Six pence of Silver: This done the Duke kneeling 
Money.  down, and the Dean of Paul's with him, he made his Prayers to God, and reading the 51 Psalms, saying on the last Verse saving one, which doth say, and build up the Walls of Jerusalem, he paused and said, the Walls of England, good Lord: That Psalm finished, he began to read another, and at the Seventh Verse of the Psalm; he paused and said, I had almost forgotten, but not too late, I ask all the World forgiveness, and I forgive all the World: The Psalm and these words finished, and other Prayers, he wrote one Prayer Counted in effect a Petition to God, that his Faith now at his last hour might not fail, and finishing the Prayer in these words, in Latin and English, saying: In manus tuus Domine commendo Spiritum meum, Lord into thy Hands I commend my Spirit. He risen up and pulled of his Velvet Gown, his Black Satin Doublet, and his Velvet Nightcap, and gave them to 
His Apparel given to the Executioner.  the Executioner, and being in a White Fustian Waistcoat, he said to Mr. Dean of Paul's, this is the White Satin Doublet I made to die in, which the Preacher did speak of, and so kneeling down at the Block, he laid down himself, and did rise again, and did lay the Straw and other things in such sort, 
Block.  as he might in a more convenient manner yield himself for the speedier Execution; this done, his Eyes and Hands lifted up, Mr Dean desired the People of silence, and said, Now all together with one voice, pray for him, saying, 
Mr. Dean.  Lord Jesus receive thy Soul: The Duke yielding himself to the Block, refusing to have any Handkerchief before his Eyes, his Head was by the singular dexterity of the Executioner, with the appointed Axe at one Chop cut off, and shown to all the People. 
Head cut off.   
Thus he finished his Life, and afterwards his Corpse were put into a Coffin appertaining to Barking Church, with the Head also, and the Burial-Cloath laid over him, and so was carried by four of the Lieutenant's men, and was buried in the Chapel of the Tower, by Mr. Dean of Paul's, 1572.    

THE EXAMINATION OF MARY Queen of SCOTS, LYING AT Fotheringhay-Castle, BY THE LORDS OF Her MAJESTY'S most Honourable PRIVY COUNCIL, AND OTHER COMMISSIONERS Appointed for that purpose, for the Hearing of the same, Anno Dom. 1586, VIZ.  
UPon Wednesday the twelfth of October, 1586. the Lords Commissioners for the hearing of the Scotish Queen came to the Castle of Fotheringhay, in the County of Northampton, about nine of the Clock in the Morning: at which time, in the Chapel of the said Castle, the Dean of Peterborough preached before them. And from thence they sent Sir Walter Mildmay and Sir Amias Pawlet, Governor of the House, to the Scotish Queen, to know whether she would appear.  
There was delivered unto her a Letter from Her Majesty to that effect. After which Summons, she refused to appear; and so stood all that day, though often required thereunto by some of the Commissioners sent unto her.  
Upon Thursday they went unto her, into her Lodging, the Lord Chancellor, the Lord Treasurer, the Earls or Oxford, Shrewsbury, Kent and Worcester, Viscount Montague, Lord Zouch, Grace and Lomley, Sir Ralph Sadler, Sir James Acrofter, Mr. Vice Chancellor, Sir Amias, Pawlet the two Chief Justices of England, Doctor Dale and Doctor Ford, with Barker and Wheeler Notaries, who remained with her almost two hours; signifying, that if she would not come forth before the Commissioners, they would proceed against her according to their Commission. But that whole day was spent in Council, and sending in unto her.  
Upon Friday in the Morning she resolved to appear: And so, about nine of the Clock came forth into the Presence Chamber prepared and hanged with Cloth 〈◊〉 state in the upper part; and down along both sides stood Forms covered with Green for the Lords: first, Earls on the right side, and Barons on the left: Somewhat below the midst of the Chamber was a Bar; within which Bar there was set a Form for the Knights of the Privy Council, and before their Forms, a Chair, with a Cushion and a Foot-carpet, for the Queen of Scots, directly against the State. In the middle of the Chamber was a Table, whereat sat the Queen's Attorney and Solicitor, the Queen's Sergeants, the Clerks of the Crown, and the Notaries. Directly above that Table in the middle of the Chamber were Forms set, whereon sat on the right side, the Lord Chief Justice of the King's Bench, the Lord Chief Baron, Doctor Dale and Doctor Ford: Over against them sat the Lord Chief Justice of the Common Pleas, Justice Clench, and Justice Perrain: Below the Bar, such Gentlemen as came to see the Action.  
The right side of the Lords. The left side of the Lords. 1. The Lord Chancellor. 14. The Lord of Aburgevenny. 2. The Lord Treasurer. 15. The Lord Zouch. 3. The Earl of Oxford. 16. The Lord Morley. 4. The Earl of Kent. 17. The Lord Stafford. 5. The Earl of Derby. 18. The Lord Grace. 6. The Earl of Shrewsbury. 19 The Lord Lomley. 7. The Earl of Worcester. 20. The Lord Sturton. 8. The Earl of Rutland. 21. The Lord Sands. 9 The Earl of Comberland. 22. The Lord Wentworth. 10. The Earl of Warwick. 23. The Lord Mordaunt. 11. The Earl of Lincoln. 24. The Lord St. John of Bletsoe. 12. The Earl of Penbrook. 25. The Lord Compton. 13. The Viscount Mountacue. 26. The Lord Cheyney. Knights. Knights. 27. Sir Walter Mildmay. 29. Sir Francis Walsingham. 28. Sir Ralph Sadler. 30. Sir Christopher Hatton. 31. Sir James Acrofte.  
The Lords being thus sat, and all things ready, the Queen was brought 
First day Lords sit Queen of Scots.  in, having a way, or Lane made from her Lodging Door, which was in the lower Corner of the Chamber with Halberds.  
She was in a black Gown covered over with a white Veil of Lawn; a very 
Her attire.  tall and big woman, being lame, and supported by Melvin her Gentleman, 
Supperted.  and her Physician, one of her Women carried up her Train, and three other attended on her; one of her Servants brought her a Chair and a Cushion covered with crimson Velvet, a little before her coming in, her 
Chair.  Chair was removed from the bottom of the Chamber to the upper part below the State, and set as it were corner-wise towards the Lords and Barons.  
Then silence being made, the Lord Chancellor stood up, and being uncovered, he spoke to this effect. 
Silence, Lord Chancellor named, Sir Tho. Bromeley.   
Madam, the Queen being strongly informed of sundry practices by you made against her hath caused this meeting, as hath been signified unto you, you have read the Queen's Letters certifying the same, and I must say thus much unto you from her Majesty's Mouth, that having born so many things at your hands, she cannot forbear any longer to proceed against you; not for the peril may fall upon herself, for God she trusteth who hath ever defended her, will still deliver her from them.  
But there dependeth more upon it, she seethe that you are made a foundation of all practices against her; and if she should forget it, she should neglect the cause of God, and bear the Sword in vain; It is not Malice, Madam, nor regard of her Person, that causeth her to do it.  
And albeit she might otherways proceed against you, yet she hath dealt thus, in honour towards you, that you should be heard and speak for yourself.  
The Queen answered to this effect, by way of Protestation, that 
Queen of Scots.  she was a free Prince and born a Queen, not Subject to any, but to God, to whom she must give account, and therefore that her appearing should not be either prejudicial, to Kings, or Princes, nor Allies nor her Son, and thereupon desired an Act to be made, that is, to have such her Protest Registered by Public Notaries, and required her own Servants to bear her witness of it.  
The Lord Chancellor again protested against that Protestation, 
Lord Chancellor.  That it should in no wise be prejudicial to the Queen's Majesty, nor to the Crown of England, and that they all on the behalf of her Majesty required the same to be likewise enacted or Registered.  
Then Mr. Powel Clerk of the Crown, read the Commission grounded 
Mr. Powel.  upon the Statute 27 Eliz.  
The Commission being read, the Queen said, I protest that this Law is insufficient, and therefore I cannot submit myself unto it. Then the Lord Treasurer avouched and justified the Law to be sufficient to 
Lord Treasurer, named Sir William Cecil. Queen of Scots.  proceed against her; To whom she replied, that the Law was not made against her.  
The Lord Treasurer said, we have Commission to proceed; and if 
Lo. Treasurer.  you will not hear, we will proceed against you herein.  
Then she said, I will both hear and Answer. 
Qu. of Scots.   
Then arose Sergeant Gawdy, and declared the Statute; and then inferred that the Queen of Scots, there present had offended against both 
Sergeant Gawdy.  the Branches thereof, viz.  
That she had been both privy to the Conspiracy of killing the Queen's Majesty; and also had herself practised to compass the same; and so ripped up the whole Complot from Ballard's first coming into this 

Ballard a Traitor.  
Qu. of Scots.  
Mr. Puckering. Babington a Traitor.  
Qu. of Scots.   Realm.  
When the Sergeant said, the Queen present was both a mover and a compasser, she bowed her Body, and smiled.  
Then Sergeant Puckering pursued the rest of Babington's Letters to her, and her answer again.  
The Queen answered, She never had seen Babington, nor ever had Speech with him, nor ever received Letters from him, and that she could stop no man to go beyond the Seas: But let any man (said she) in England, come and say, that I ever did any thing against the Queen's Life.  
Then Sands the Clerk of the Crown read Babinton's Confession, and 
Sands, Babington's Confession.  Sergeant Puckering opened the points.  
The Queen said, That being kept from all Intelligence of her Friends 
Qu. of Scots.  and of her Son, it may be she might desire Intelligence; but if any other man hath done, or practised any thing, it is no matter to that purpose: There be some that send me Letters, and I know them not, nor from whence they come.  
The Clerk of the Crown read again Babington's Confession. 
Clerk of the Crown: Qu. of Scots.   
The Queen said again, I never wots of any such Letter.  
Then was read the Letter of Anthony Babington.  
To which she said, If Anthony Babington and all the world say it they lie; but I would see my own Hand writing: And to Babington's Letters to her, she said, I never saw that Letter, nor never heard of it.  
The Lord Treasurer proved the receipt of Babington's Letter, and the Sergeant shown an answer to Babington's Letter from her, in the same 
Lo. Treasurer Serjeant Puckering.  cipher, sent by a Serving man in a blue Coat; and so opened all the points of her answer to Babington.  
When mention was made of the Earl of Arundel, she wept and blubbered 
Qu. of Scots.  out, saying, Woe is me that your House hath suffered so much for my sake, and after having blubbered a time, she said, if ever I made any such device against the Queen my Sister, than I pray God I may never see his Face. I have written, I confess, about my deliverance; as any Prince kept Captive as I am, might do; but never against the Queen: I confess for the Catholics delivery from Persecution, I will work, and if I could with my Blood save them from destruction I would, and if it may be so, I pray you lay it upon me, and therewith wept according to her guise.  
The Lord Treasurer answered, saying, Madam, the Queen puts no man to Death for his Conscience; but they might enjoy the Liberty of 
Lo. Treasurer.  their Conscience; if they would live as dutiful Subjects and therefore Madam reform your opinion therein.  
The Queen, said she had read it so in a Book.  
The Lord Treasurer said, they that did write so, Madam, did write 
Qu. of Scots. Lo. Treasurer.  that the Queen of England is no Queen.  
Then she picked a quarrel against Mr. Secretary, that he had been 
Qu. of Scots.  her sore Enemy and her Son's, and had practised with certain persons against her; but said she, Mr. Walsingham, I think you are an honest man, and I pray you say in the word of an honest man, whether you have been so unto me.  
Mr. Secretary risen up and came to the end of the Table, standing 
Mr. Secretary Walsingham.  in the midst before his seat saying, Madam. I stand charged by you, to have practised something against you: I call God and the World to Witness, I have done nothing as a private man unworthy of an honest man, nor as a public person unworthy of my calling, I protest before God, that as a Man careful of my Mistress' safety, I have been curious; and if Ballard had offered me his Service, I would have rewarded him: but if he were practised with by me, why did he not plead it for his Life?  
Here again she wept. and protested that she would not make Ship wreck 
Queen of Scots.  of her Soul in conspiring against her good Sister; and that those whom Mr. Secretary had set over her as Spies, were Spies for her against him, and had likewise told her things of him.  
Then the Queen's Attorney proved that the Queen of Scots was privy to 
Queen's Attorney.  the Conspiracy, and gave Instructions to her Secretary to write, by him confessed upon Oath, without Constraint; some in Ciphers, and some translated, according to her direction, into English, by Jaques Nave and Gilbert Curl.  
The Queen's Solicitor proved both the Points of the Statute agreeing to 
Queen's Solicitor.  the Points of the Commission.  
First, That she was privy to the Conspiracy in that she received Babington's Letters, wherein the Conspiracy was contained to kill the Queen: To which she gave Answer, as hath been deposed by her Secretaries; who, besides their Oaths and voluntary Confession, did set down, according to their Memory, the Minutes and Points of Babington's Letters to the Queen, and her Answer to Babington: Wherein, especially, they remember the Points of the Conspiracy particularly confessed also by Babington, before he was apprehended, and at large; when he thought to have executed it, and been advanced by it. He also shown her Letters and Answers to Ballard, Savage and Tuchborne: and they confessed it.  
Secondly, He proved that she herself did conspire and compass the Queen's Death; for, besides the approving of Babington's Plot, she addeth in her own Letters the Manner and Order of the Execution of this Designment.  
The Secretaries, at the view of her Letters, do write thus; Per le express 
Secretaries, Nave, Curl.  commandment de la Royen ma Matresse, By the special Commandment of the Queen my Mistress. Nave and Curl being asked whether it were their Hands. she confessed that she knew it to be their Hands; and that Curl 
Queen of Scots Confession.  was an honest Man, but she would not be judged by him; and that Nave was the King's Secretary of France, and that he had been Secretary to the Cardinal of Guyse.  
But when she said she knew not Babington nor Ballard, my Lord Treasurer 
Lord Treasurer.  said: Madam, I will tell you whom you know: You know Morgan, who hired Parry to kill the Queen; and after you knew it, you gave him a Pension. Madam, you give Pensions to Murderers.  
Then she said, He hath lost all for my sake; but you give Pentions in Scotland, against me, to my Son. 
Queen of Scots.   
The Lord Treasurer said, The Queen, because the Revenues of the 
Lord Treasurer.  Crown are diminished, giveth the King a Benevolence, being her Kinsman.  
The Second Day, at her first coming, she renewed her Protestation; 
Second Day, Queen of Scots.  saying, I am A Sacred and Anointed Queen, and ought not to be judged by the Law. I am A Free Prince, and own no more to any Prince than they own to me. I come hither for the Justification of my Honour, and that which is laid to my charge, that I should do against my Sister. Her Oration was very long, and of many things.  
I like not, said she, to take this Course; though I desire the Catholics should be delivered out of their Persecution, I had rather play the part of Hester than of Judith; to pray for my people, than to take any other way to deliver my People. God forbidden that I should deserve to be denied of Jesus Christ before his Father. They gave it out that I was of no Religion; for there was a time when I tendered myself, but they cared not for my Soul. But, my Lords, when you have done all that you can, and put me from that I should have, yet you shall not obtain your Cause of Mary Steward. And here she wept and blubbered that they could not conceive her speech. I desire, said she, that another Assembly may be called where 
She wept.  I may have my Council: I appeal to God first, who is the Just Judge; and 
She desireth another Assembly.  to Princes, my Allies.  
Here my Lord Treasurer said; Madam, We have set down your Protestations under a Notary's Hand, and we have protested that your Protestation 
Lord Treasurer.  be not prejudicial to the Crown of England.  
The Queen said; Indeed, My Lord, you take no Commission but that 
Queen of Scots.  may serve your own turn; you have done the worst you can: I have often offered, if I might be at liberty, that I would do all duty and labour to quench the Troubles that are made; but I could not be heard. I was made believe that I should be at liberty, and I promised Hostages for my Security, my own Son and my Cousin Guise his Son.  
The Lord Treasurer answered, it is true the Queen was contented, and so was the Council, you offered Hostages, as you say. But it is as true that 
Lord Treasurer.  the Lords of Scotland would not consent that the King should come.  
The Queen said, But I told you, that if I might be at liberty, I would 
Queen of Scots.  effect it.  
Madam, said the Lord Treasurer, the Queen shall set you at liberty, and you shall seek her destruction: for all this practice of your Enlargement 
Lord Treasurer.  was nothing else but a Plot against the Queen; for, even then, when it was adoing, your Man Morgan hired Parry to kill the Queen. 
Morgan a Traitor hired Parry to kill the Queen. Qu. of Scots. Ld. Treasurer. Qu. of Scots.   
My Lord, quoth she, you are my Enemy.  
No, said my Lord Treasurer, I am Enemy to the Queen's Enemies.  
Was it not reported, said the Queen of Scots, that the Queen of England should never be free from Practices until I were set at liberty? and I therefore desired that the occasion might be taken away.  
Then was read a Letter to Mendoza, the Spanish Ambassador, wherein 
Mendoza.  she promised to give the King of Spain the Kingdoms of England and Scotland, if her Son would not be reclaimed from that Heresy wherein she said he was misled.  
There was also sent a Letter to Doctor Allin, wherein she calleth him 
Dr. Allin.  Reverend Father in God; and dealeth with him about the Invasion: and his Letter to her also.  
There was read her Letters to the Lord Paget, Charles Paget, and 
Lord Paget. Charles Paget. Sir Francis Englefield.  Sir Francis Englefield: In every of which Letters she saith, she hath given direction to the Catholics on this side for a Dispatch.  
Here she being pressed with Truths of the Conspiracy, and because her own Man had sworn it, she said, she thought he made no Conscience of an 
Qu. of Scots.  Oath given him.  
Hereat the whole House murmured concerning the giving away the 
Murmuring of the Lords.  Kingdom of England to the King of Spain: Writing to Mendoza, she adviseth him thus; Let not this be known, for if it should, it would be, in France the Loss of my Dowry, in Scotland the Breach with my Son, and in England my total Destruction.  
Here Mr. Solicitor remembered the Lords, that if a Foreign Prince had 
Mr. Solicitor.  the Kingdom, as she would assign it, what should become of their Dignities and Estates?  
Madam, said my Lord Treasurer, The Succession of the Crown, who soever hath it, cannot give it to a Foreign Prince; it must go, by the Laws 
Lo. Treasurer.  of the Realm, to a natural English Man born. Your Enemies in Scotland threatened to kill you, and Her Majesty said she would then revenge it; and so your Life was assured.  
At her first rising up she talked long with the Lord Treasurer, coming to 
She talketh with the Lord Treasurer, Mr. Vice-Chamberlain, Mr. Secretary, and the Earl of Warwick.  him to his Seat; after to Mr. Vice-chamberlain and Mr. Secretary; excusing herself to them: and used great Insinuations to persuade them. She said to the Earl of Warwick, that she had heard that he was an Honourable Gentleman; desiring him not to believe all things he heard of her: and also she desired him to commend her to my Lord of Leicester; saying, that she wished him good Success in his Affairs. To the Judges and Lawyers she 
To the Judges and Lawyers.  said, I pray God bless me from you; you have sore Hands over them that be under you. And to Mr. Phillip's, Thou never readest any good for me, and so 
Mr. Phillips.  the Lords broke up their sitting on Saturday, October 15. 1586. at One of 
Lds. break up.  the Clock in the Afternoon, and adjourned the Commission to the Star-Chamber 
The Court adjourned to the Star-Chamber.  the 25th. of the same Month.   

THE SCOTISH QUEEN'S LETTER TO ANTHONY BABINGTON To Renew the Intelligence, as followeth: VIZ.  
MY Very good Friend, albeit it be long since you 
Qu. of Scots Letter to Anthony Babington.  heard from me, not more than I have done from you, it is against my Will; yet would I not you should think I have in the mean while, nor ever will be unmindful of the effectual affection you have showed heretofore towards all that concerneth me. I have understood, that upon the Renewing of your Intelligence, there were addressed unto you, both from France and Scotland, some Packets for me; I pray you, if any be come to your Hands, and be yet in Place, to deliver them to the Bearer hereof, who will safely convey them unto me; and I will pray to God for your Preservation.  
Your Assured Good Friend, MARY REGINA. June, the 28th. At Chartley.   

ANTHONY BABINGTON (The traitor's) LETTER Written by him to the SCOTISH QUEEN, As followeth.  
MOst Mighty, most Excellent, my Dread Sovereign 
Anthony Babington 's Letter to the Scotish Queen.  Lady and Queen, unto whom I own all Fidelity and Obedience; It may please your Gracious Majesty to admit excuse of my long silence, and distance from those dutiful Offices, intercepted upon the Remove of your Royal Person from the ancient place of your Abode, to the Custody of a wicked Puritan, and mere Lecestrain, a mortal Enemy both by Faith and Faction to Your Majesty and to the Catholic Estate; I held the Hope of our Country's Weal depending (next under God) upon the Life of Your Majesty, to be desperate, and thereupon resolved to departed the Realm, determining to spend the remnant of my Life in such solitary sort as the miserable and wretched Estate of my Country doth require; only expecting, according to the just Judgement of God, the present Confusion thereof; which God, for his Mercy sake, prevent. The which my purpose being in Execution, and standing upon my Departure, there was addressed unto me, from the Parts beyond the Seas, one Ballard, a Man of Nurture and Learning, and 
Ballard a Traitor.  of singular Zeal to the Catholic Cause, and Your Majesty's Service. The Man informed me of great Preparations by the Christian Princes, Your Majesty's Allies, for the Deliverance of our Country from the extreme and miserable Estate wherein for a long time it hath remained. Which when I understood, my Spiritual Desire was to advertise, by what means I might, with the hazard of my Life, and all my Friends in general, do your Sacred Majesty one days good Service. Whereupon, most dread Sovereign, according to the great care which those Princes have of the preservation and safe deliverance of Your Majesty's Sacred Person, I advised of means and considered of Circumstances accordingly, to and with so many of the wisest and most trusty as with safety I might commend the Secrecy thereof unto: I do find, by the Assistance of the Lord Jesus, assurance of good Effect, and desired Fruit of your Travel. These things are first to be advised in this great and honourable Action; upon issue of which dependeth, not only the Life of Your Most Excellent Majesty, which God long preserve, to your inestimable Comfort, and to the Salvation of English Souls, and the Lives of all us, Actors therein; but also, the Honour and Weal of our Country, far more dear than our Lives unto us, and the last hope ever to recover the Faith of our Forefathers, and to redeem ourselves from the Servitude and Bondage which hereby heretofore hath been imposed upon us with the loss of many thousand Souls. First, in the assuring of Invasions, sufficient strength on the Invaders parts to arrive are appointed, with a strong Party at every place, to win with them, and warrant their Landing, the Deliverance of Your Majesty, the Dispatch of the Usurping Competitors. For the effecting of all, may it please Your Majesty to rely upon my Service, I protest before the Almighty, who hath long miraculously preserved Your Royal Person, no doubt, to some universal Good, that what I have said shall be performed, or all our Lives happily lost in the Execution thereof. Which Vow all the chief Actors have taken solemnly; and are upon Assurance, by Your Majesties to me, to receive the Blessed Sacrament thereupon, either to prevail in the Church's behalf and Your Majesty's, or fortunately to die for so honourable a Cause. Now, for as much as Delays are extreme dangerous, it might please Your most Excellent Majesty, by Your Wisdom to direct us, and by Your Princely Authority to enable us; and such as may advance the Affairs: For, seeing there is not any of the Nobility, at liberty, assured to Your Majesty in this desperate Service, except unknown unto us; and seeing that it is very necessary that some there be to become Heads to lead the Multitude, who are disposed by Nature, in this Land, to follow Nobility: Considering withal, it doth not only make the Commons and Country to follow without Contradiction or Contention, which is ever found in Equality; but also, doth add great Courage to the Leaders. For which necessary Regard, I would recommend some to Your Majesty as are fittest, in my knowledge, to be Your Lieutenants, in the West Parts, in the North Parts, South-Wales and North-Wales, the Countries of Lancaster, Derby and Stafford. In all which Countries, Parties being already made, and Fidelity taken in Your Majesty's Name, I hold them as most assured, and of undoubted Fidelity. Myself, with ten Gentlemen of Quality, will undertake the Delivery of Your Person from the Hands of Your Enemies: And for the Dispatch of the Usurper, from Obedience of whom, by executing her, we shall be made free, there be Six Noble Gentlemen, all my private Friends, who, for the Zeal they bear to the Catholic Cause, and Your Majesty's Service, will undertake the Tragical Execution. It resteth, that according to their infinite Deserts, and Your Majesty's Bounty, their Heroical Attempts may be honourably rewarded in them, if they escape with Life; or in their Posterity; and that so much, by Your Majesty's Authority, I may be able to assure them. Now it remaineth only in Your Majesty's Wisdom that it be reduced into Method, that Your happy Deliverance be first, for that thereupon dependeth the only Good, and that the other Circumstances concur; that the Untimely End of the one do not overthrow the rest. All which Your Majesty, s wonderful Experience and Wisdom will dispose in so good manner, as I doubt not, through God's Good Assistance, shall take deserved effect: for the obtaining of which, every one of us shall think his Life most happily spent. Upon the Twelfth Day of this Month I will be at Leitchfield, expecting Your Majesty's Answers and Letters to execute what by them shall be commanded.  
Your Majesty's Faithful Subject, and Sworn Servant, Anthony Babington.   

The Answer of the Scottish Queen to a Letter written by Anthony Babington, the Traitor, as followeth:  
TRusty and wellbeloved! according to the zeal and entire affection 
The Queen of Scots Letter to Anthony Babington the Traitor.  which I have known in you towards the Common Cause of Religion, and mine, having always made account of you as a Principal and right Worthy member to be employed both in the one and in the other; it hath been no less Consolation unto me to know your estate, as I have done by your last Letter, and to have further means to renew my intelligence with you, than I have felt griefs all this while past, to be without the same. I pray you therefore to write unto me hereafter, so often as you can, of all Concurrants, which you may judge in any sort importunate to the good of mine affairs, wherein I shall not fail to correspond with all the care and diligence that shall be by possibility: For divers great and importunate Considerations, which were here too long to be deducted, I cannot but greatly praise and commend your common desire to prevent, in time, the designment of our enemies, for the extirpation of our Religion out of this Realm, with the ruin of us all; for I have long ago showed to the Foreign Catholic Princes, what they have done against the King of Spain, and in the time 
King of Spain.  the Catholics hear remaining, exposed to all persecutions and cruelty, do daily diminish in number, forces, means, and power, so as if remedy be not thereunto speedily provided, I fear not a little but that they shall become altogether unable for ever to arise again to receive any aid at all whensoever it is offered. Then for my own part, I pray you assure our principal friends, that albeit I had no particular interest in this case, that all that I may pretend unto, being of no consideration to me in respect of the public good of the State, I shall be always ready, and most willing to employ therein my life, and all that I have, or may look for in this world. Now to ground substantially this enterprise, and to bring it to good success, you must examine duly, First, What Forces, as well on Foot as on Horse, you may raise among you all, and what Captains you shall appoint for them in every Shire, in case a General cannot be had. Secondly, Which Towns, Ports and Havens you may assure yourselves, as well on the North, West, and South, to receive succours, as well from the Low Countries, Spain and France, as from other parts. Thirdly, What place you esteem fittest, and of most advantage to assemble the principal Company of your Forces at the same time, which would be compassed conform to the proportion of your own. Fourthly, For how long Pay, and Munition, and Ports fittest for their landing in this Realm, from the foresaid Three Foreign Countries. Fiftly, What provision of Moneys and Armour, in case you should want, you would ask. Sixthly, By what means do the 6. Gent. deliberate to proceed. Seventhly, The manner of my getting forth of this hold. Which points having taken amongst you who are the principal Actors, and also as few in number as you can; the best resolution in my device is; That you impart the same, with all diligence, to Barnardin de Mendossa, Ambassador Leaguer for the King of Spain in France, who besides the experience 
Barnardin de Mendossa, Ambassador to the King of Spain.  he hath of the Estate on this side, I may assure you, will employ himself most willingly: I shall not fail to write to him of the matter, with all the recommendations I can, as also I shall do in any wise what shall be needful. But you must take choice men for the managing of the affairs with the sail Mendossa, and others out of the Realm, of some faithful and very secret, both in wisdom and personage, unto whom only you must commit yourselves, to the end things may be kept the more secret, which for your own security I commend to yourself. If your messenger bring you back again sure promise, and sufficient assurance of the Succours which you demand, than thereafter (but not sooner, for that it were in vain) take diligent order, that all those on your part make, secretly as they can, provision of Armour, fit Horses, and ready money, wherewith to hold themselves in a readiness to march so soon as it shall be signified unto you by the Chief and Principal of every Shire: And for the better colouring of the matter, reserving to the Principals the knowledge of the ground of the enterprise, it shall be enough at the beginning to give it out to the rest, that the said provisions are made only for the fortifying of yourselves, in case of need, against the Puritans of this Realm, the Principal whereof having the chief Forces thereof in the Low-Countries, as you may let the bruit go, disguised, do seek the ruin and overthrow at their return home of the Catholics, and to usurp the Crown, not only against me and all other lawful pretenders thereto, but against their own Queen that now is, if she will not altogether submit herself to their government. These precepts may serve to sound and establish amongst all associations, or considerations general, as done only for your preservation and defence, as well in Religion as lands, lives and goods, against the oppression and contempts of the said Puritans, without directly writing, or giving out any thing against the Queen, but rather showing yourselves willing to maintain her and her lawful heirs after her, unnaming me. The affairs being thus prepared, and Forces in readiness, both without and within the Realm, then shall it be time to set the Six Gent. on work, taking good order upon the accomplishment of their discharges, I may be suddenly transported out of this place, and meet without tarrying for the arrival of the foreign aid, which then must be hastened with all diligence. Now for that there can be no certain day appointed for the accomplishment of the said gentlemen's designment, to the end others may be in a readiness to take me from hence, I would that the said Gent. had always about them, or at least at Court, divers and sundry scoutmen, furnished with good and speedy Horses, so soon as the design shall be executed, to come with all diligence to advertise me thereof, and those that shall be appointed for my transporting, to the end, that immediately after they may be at the place of mine abode before my Keeper can have advertisement of the execution of the said designment, or at the least, before he can fortify himself within the house, or carry me out of the same: It were necessary to dispatch two or three of the said advertisers by divers ways, to the end, if one be stayed, the other may come through: At the same instant it were needful also to assay to cut off the Posts ordinary ways. This is the Plot that I think best for this enterprise, and the order whereby we shall conduct the same for our common security: for stirring on this side before you be sure of sufficient Foreign Forces, that were but for nothing to put ourselves in danger of following the miserable fortune of such as have heretofore traveled in the like Actions: and if you take me out of this place, be well assured to set me in the midst of a good Army, or some very good strength, where I may safely stay till the assembly of your Forces, and arrival of the said Foreign succours. It were sufficient cause given to the Queen in catching me again, to enclose me in some hold, out of the which I should never escape, if she did use me no worse; and to pursue with all extremity those that assisted me, which would grieve me more than all the unhappiness might fall upon myself. Earnestly as you can, look and take heed most carefully and vigilantly to compass and assure all so well, that shall be necessary for the effecting of the said enterprise, as with the grace of God you may bring the same to happy end, remitting to the judgement of your principal friends on this side, with whom you have to deal, therein to ordain and conclude upon this present, which may serve you for an overture of such propositions as you shall amongst you find best; and to yourself in particular I refer the Gent. aforementioned, to be assured of all that shall be requisite for the entire execution of their good wills. I leave their common resolution to advice, in case the design do not take hold, as may happen whether they will or no, do not pursue my transport, and the execution of the rest of the enterprise. But if the mishap should fall out, that you might not come by me, being set in the Tower of London, or in any other strength, with strong guard; yet notwithstanding, leave not for God's sake to proceed in the enterprise, for I shall at any time die most contentedly, understanding of your delivery out of the servitude wherein you are holden as Slaves; I shall assay, that at the same time that the work shall be in hand, at that present to make the Catholics of Scotland to arise, and put my Son into their hands, to the effect, that from thence our enemies here may not prevail by any succour; I would also that some stirring were in Ireland, and that it were laboured to begin some time before any thing be done here, and then that the Alarm might begin thereby on the flat contrary side, that the stroke may come from your designs, to have some General, or chief aid very permanent; and therefore were it good to send obscurely for the purpose to the Earl of Arundel, or some of his brethren; and likewise 

Earl of Arundel.  
Young Earl of Northumberland.  
Earl of Westmoreland.  
Lord Paget.   to seek upon the young Earl of Northumberland, if he be at liberty from over the Sea; the Earl of Westmoreland may be had, whose hand and name, you know, may do much in the North parts; also the Lord Paget, of good ability in some Shires thereabouts; both the one and the other may be had, amongst whom secretly some more principal banished, may return, if the enterprise be once resolute. The said Lord Paget is now in Spain, and may treat of all that, by his brother Charles, directly by himself, 
Charles Paget.  you will commit unto him touching the affairs. Beware that none of your messengers, that you send forth of the Realm, carry any Letters upon themselves, but make their dispatches, and send them either after or before them by some others. Take heed of Spies and false-brethrens that are amongst you, especially of your practice, already practised by your enemies, for 

Beware of Spies & false-brethrens.  
Queen of Scots counsel to the Traitors.   your discovery, and in any case keep never a paper about you that may in any sort do harm: for from like errors have come the Condemnation of all such as have suffered heretofore, against whom otherwise nothing could justly have been proved; discover as little as you can, your names and intentions to the French Ambassador, now Leaguer at London; for although, as I understand, he is a very honest Gent. yet I fear his Master entertaineth a course far contrary to our designment, which may move him to discover us, if he had any particular knowledge thereof. All this while I have sued to change and remove from this house; and for answer, the Castle of Dudley only hath been named to serve the turn; so as by approbation, about the end of 
Dudley Castle.  this Summer, I may go thither: therefore advise so soon as I shall be there, what provision may be had about that part, for my escape from thence. If I stay here, there is but one of these Three ways or means to be looked for. The First, That at a certain day appointed for my walking abroad on horseback on the Moors between this and Stafford, where ordinarily, you know, but few people do pass, let Fifty or Threescore Horsemen, well Mounted and Armed come to take me away, as they may easily, my Keeper having with him but XVIII. or XX. Horses, with only Dogs. The Sccond means, To come at midnight, or soon after, and set fire on the Barns and Stables, which you know are near the house, and whilst my Guardians servants shall come forth to the fire, your company having duly on a Mark whereby they may be known one from another, some of you may surprise the house, where I hope, with the few servants I have about me, I shall be able to give you correspondent aid. And the Third is, some there be that bring Carts hither early in the morning; Three Carts may be so prepared, that being in the midst of the great Gate, the Carts might fall down, or overthrow; that thereupon you might come suddenly and make yourselves Masters of the house, and carry me suddenly away; so you might easily do before any number of Soldiers, who lodge in sundry places forth of this place, some half a Mile, and some a whole Mile, could come to relieve; whatsoever issue the matter taketh, I do, and shall think myself obliged, so long as I live, towards you for the offers you make to hazard yourself as you do for my deliverance, and by any means that ever I may have, I shall do my endeavour to recognise by effects your deserts; therein I have commanded a more ample Alphabet to be made for you, which herewith you shall receive. God Almighty have you in his protection.  
Fail not to burn this privately and quickly.  
Your assured Friend for ever Mary Regina.   

A Letter written to Queen Elizabeth by Anthony Babington the Traitor, the night before he was executed, for mercy and forgiveness, as followeth:  
MOst gracious Sovereign! if either bitter tears, or a pensive contrite 
Babington's Letter to her Majesty for mercy.  heart and doleful sigh of a wretched sinner, might work any pity in your Royal Breast, I would wring out of my drained eyes, as much blood as in bewraying my dreary Tragedy should lamentably bewail my fall, and somewhat, no doubt, move you to compassion; but sigh hence there is no proportion betwixt the quantity of my crime and any humane consideration, show, sweet Queen, some miracle upon a wretch that lieth prostrate in your prison, most grievously bewailing his offence, and imploring such comfort at your anointed hands, as my poor Wife's misfortune doth beg, my Child's innocency doth crave, my guiltless Family doth wish, and my heinous treachery doth less deserve; so shall your divine Mercy make your glory shine as far above all Princes, as my most horrible practices are detestable amongst your best Subjects, whom that you may long live, and happily govern, I beseech the Mercy-maker to grant for his sweet Son's sake Jesus Christ.  
Your Majesty's unfortunate, because disloyal subject, Anthony Babington.   

A Letter written by Chidiocke Tuchborne, the night before he died, unto his Wife, as followeth: viz. 1586.  
MOst loving Wife, I commend me unto thee, and desire God to bless 
Tuchborne's Letter to his Wife.  thee with all happiness: Pray for thy dead Husband, and be of good comfort, for I hope, in Jesus Christ, this morning to see the face of my Maker and Redeemer, in the most joyful Throne of his Kingdom. Commend me to all my friends, and desire them to pray for me; and in all Charity to pardon me, if I have offended them; commend me to my Six Sisters, poor desolate souls, advise them to serve God, for without him no goodness is to be expected: were it possible my little Sister Bab. the darling of my care, might be brought up, and bred by thee, God would reward thee: But I do thee wrong, I confess, that hast, by my dissolute negligence, so little for thyself, to add further charge unto thee. Dear Wife forgive me, that have by this means so much impoverished thy fortunes: Patience and pardon, good Wife, I crave; make of these our necessities a virtue, and lay no further burden upon my neck than already hath been. There be certain debts which I own, and because I know not the order of the Law, since it hath taken from me all, forfeited by course of my offence, to her Majesty; I cannot advise you to benefit me herein: But if there fall out wherewith, let them be discharged for God's sake: I will not that you trouble yourself with these matters, my own heart, but make it known to my Uncles, and desire them, for the honour of God, and ease of their Nephew's soul, to take care of them, as they may, and especial care of my Sisters bringing up, the burden whereof is now laid upon them. Now sweet Chick! what is left for me to bestow on thee! a small Jointure, a slender recompense for thy deservings: These Legacies following be thy own: God of his goodness give thee grace, always to remain his true and faithful servant, and that through the merits of his most blessed and bitter Passion, thou mayst become inheritrix of his Kingdom, with the blessed woman in Heaven. Jesus give thee of his fear, and to his glory all the benefits of this Transitory life; the Holy Ghost bless thee with all necessaries for the weal of thy soul, in the world to come; where, till it please Almighty God that I meet thee, farewel loving Wife, farewel, the dearest to me on earth, farewell.  
By the hand, from the heart of thy most loving, faithful Husband, Chidiocke Tuchborne.   

Certain Verses which the said Tuchborne the Traitor made of himself in the Tower, the night before he suffered death.  

MY prime of Youth is but a frost of Cares, 
Tuchborne's Verses.   
My feast of Joy is but a dish of Pain:  
My Crop of Corn is but a field of Tares,  
And all my good is but vain hope of Gain.  
The day is fled, and yet I saw no Sun;  
And now I live, and now my life is done.   

The Spring is past, and yet it hath not sprung:  
The Fruit is dead, and yet the Leaves are green:  
My Youth is past, and yet I was but young;  
I saw the world, and yet I was not seen.  
My Thread is cut, and yet it is not spun.  
And now I live, and now my life is done.   

I sought for Death, and found it in my Womb;  
I looked for Life, and saw it was a shade:  
I trod the ground, and knew it was my Tomb;  
And now I die, and now I am but made.  
The Glass is full, and yet my Glass is run.  
And now I live, and now my life is done.    

The Examination of Ballard a Priest, Babington, Savidge, Barnwell, Tuchborn, Tylney and Abbington (all executed for High-Treason in Holborn-fields, upon a large Scaffold, made with a high pair of Gallows) as by their own Confessions may appear, and their several speeches at the place of Execution, the 20th of September, 1586.  
JOHN Ballard the Priest confessed that he had been a dealer in those matters, 
September 20. 1586.  and that he was guilty of those things whereof he was Condemned, 
1. Ballard.  which he protested was never enterprised by him upon any hope of preferment, but only, as he said, for the advancement of true Religion. He craved pardon and forgiveness of all persons, to whom his do had been any scandal: and so he made an end, making his prayers to himself in Latin, not ask her Majesty forgiveness, otherwise than if he had offended: and so was executed.  
Anthony Babington, Esq also confessed, that he was come to die, as he had deserved; howbeit he, as Ballard before, protested that he was not 
2. Babington.  led into those Actions upon hope of preferment, or for any temporal respect; nor had ever attempted them, but that he was persuaded by reasons alleged to this effect, That it was a deed lawful and meritorious. He craved forgiveness of all whom he had any way offended: he would gladly also have been resolved, whether his lands should have been confiscate to her Majesty, or whether they should descend to his brother: But howsoever his request was to the Lords, and others the Commissioners there present, that consideration might be had of one whose money he had received for lands, which he had passed no Fine for, for which the conveyance was void in Law; he requested also, that consideration might be had of a certain servant of his, whom he had sent for certain Merchandise into the East Countries, who by his means was greatly impoverished; for his Wife, he said, she had good friends, to whose consideration he would leave her: And thus he finished, ask her Majesty forgiveness, and making his prayers in Latin, and so was executed.  
John Savidge, Gent. confessed his guilt, and said as the other two before, that he did attempt it, for that, in Conscience, he thought it a deed meritorious, 
3. Savidge.  and a common good to the weal public, and for no private preferment: and so was executed.  
Robert Barnwell, Gent. confessed, that he was made acquainted with their drifts, but denied that ever he consented, or could be, in Conscience, 
4. Barnwell.  persuaded, that it was a deed lawful; and being urged, that he came to the Court to spy opportunities for the achieving of their purposes, and that being there, her Majesty observing his prying looks, acquainted before with their intents, she prayed God that all were well. To this he answered, that it was not unknown to divers of the Council, that he had matters which he solicited, which was the cause of his being there at that time; but I confess (said he) at my return, Babington asked me what news; to whom I told, that her Majesty had been abroad that day, with all the circumstances that I saw there; and if I have offended her Majesty, I crave forgiveness; and assuredly, if the sacrifice of my body might establish her Majesty in the true Religion, I would most willingly offer it up. Then he prayed to himself in Latin, and was executed.  
Chidiocke Tuchborne, Esq began to speak, as followeth: viz. Countrymen 
5. Tuchborne.  and my dear friends! you expect I should speak something: I am a bad Orator, and my Text is worse: It were in vain to enter into the discourse of the whole matter for which I am brought hither, for that it hath been revealed heretofore, and is well known to the most of this company; Let me be a warning to all young Gentlemen, especially generosis adolescentulis. I had a friend, and a dear friend, of whom I made no small account, whose friendship hath brought me to this; he told me the whole matter, I cannot deny, as they had laid it down to be done; but I always thought it impious, and denied to be a dealer in it: but the regard of my friend caused me to be a man in whom the old Proverb was verified, I was silent, and so consented. Before this thing chanced, we lived together in most flourishing estate; Of whom went report in the Strand, Fleetstreet, and elsewhere about London, but of Babington and Tuchborne? no Threshold was of force to brave our Entry. Thus we lived, and wanted nothing we could wish for; and God knows what less in my head than matters of State. Now give me leave to declare the miseries I sustained after I was acquainted with the Action, wherein I may justly compare my estate to that of Adam 's, who could not abstain one thing forbidden, to enjoy all other things the world could afford: the terror of Conscience awaited me. After I considered the dangers whereinto I was fallen, I went to Sir John Peter in Essex, and appointed my horses should meet me at London, intending to go down into the Country: I came to London, and there heard, that all was bewrayed; whereupon, like Adam, we fled into the Woods to hid ourselves, and there were apprehended. My dear Countrymen! my sorrows may be your joy, yet mix your smiles with tears, and pity my case; I am descended from an house, from two hundred years before the Conquest, never stained till this my misfortune; I have a Wife and one child, my Wife Agnes, my dear Wife, and there's my grief, and six Sisters left on my hand; my poor servants, I know, their Master being taken, were dispersed, for all which I do most hearty grieve; I expected some favour, though I deserved nothing less, that the remainder of my years might in some sort have recompensed my former guilt, which seeing I have miss, let me now meditate upon the joys I hope to enjoy. Thus done, he prayed first in Latin, and then in English, ask her Majesty, and all the world, hearty, forgiveness, and that he hoped steadfastly, now at this his last hour, his faith would not fail; and so was executed.  
Charles Tylney said, I am a Catholic, and believe in Jesus Christ, and by 
6. Tylney.  his Passion I hope to be saved; and I confess, I can do nothing without him, which opinion all Catholics firmly hold; and whereas they are thought to hold the contrary, they are in that, as in all other things, greatly abused. To Dr. White, seeming to School him in Points of Religion, differing from those which he held, he spoke in an anger, I came hither to die, Doctor, and not to argue. He prayed in Latin for himself, and after he prayed for Queen Elizabeth, that she might live long; and warned all young Gentlemen, of what degree or calling soever, to take warning by him; and so he made an end, and was executed.  
Edward Abbington said, I come hither to die, holding all points firmly 
7 Abbington.  that the Catholic Church doth; and for the matters whereof I am condemned, I confess all, saving the death of her Majesty, to the which I never consented. He feared, as he said, great bloodshed in England before it were long: Sheriff Ratliffe said, Abbington, seest thou all these people, whose blood shall be demanded at thy hands, if thou dying, conceal that which may turn to their peril; therefore tell why, or which way such blood should be shed: he said, All that I know, you have of record: and at last, said he, this Country is hated of all Countries for her iniquity, and God loves it not; and being urged by Dr. White, to be of a lively faith; he answered, he believed steadfastly in the Catholic faith: the Doctor asked him, how he meant, for I fear me, said he, thou deceivest thyself: he answered, That Faith and Religion which is holden, almost, in all Christendom, except here in England. Thus done, he willed them not to trouble him any longer with any more questions, but made his prayers to himself in Latin, and so was executed.   

The Examination of Salisbury, Donne, Jones, Charnock, Travers, Gage and Bellamy; all executed for High-Treason in the place aforesaid (as by their own Speeches and Confessions did appear): And also their several Speeches at the place of Execution, the 21st of September, 1586. viz.  
THomas Salisbury, Esq said, Since it hath pleased God to appoint 
8. Salisbury  this place for my end, I thank his infinite goodness for the same; I confess that I have deserved death, and that I have offended her Majesty, whom to forgive me I hearty beseech, with all others whom I have any way offended; I desire all true Catholics to pray for me; and I desire them, as I beseech God they may, to endure with patience whatsoever shall be laid upon them, and never to enter into any action of violence for remedy: then he said his prayers, looking earnestly with his eyes to Heaven, and prayed in Latin a long while: when he had thus done, he cried in Latin and English, Father forgive me; and so was executed.  
John Donne, Yeoman, said, Do the people expect I should say any thing? I was acquainted, I confess, with their practices, but I never did intent to be 
9 Donne.  a dealer in them: Babingron oftentimes requested me to be one; and said for that he loved me well, he would bestow me in one of the best Actions; which should have been the delivery of the Queen of Scots, to which I could not for a long time agree; at length, by many urgent persuasions he won me, so as I told him, I would do my best: and being asked as he was ascending the Ladder, whether he thought it lawful to kill her Majesty: he answered, No, no; for I take her to be my lawful and natural Prince; and as Salisbury, he desired all Catholics to endure with patience, and never to attempt any thing against her Majesty, under whose Government he had lived quietly, until within these Ten Weeks, that those things were first imparted unto him; and whereas he was indebted to divers, and divers in like manner to him, he forgave all that was owing to him, and craved forgiveness of what he owed: He desired God to forgive Babington, the only cause of his fall and death; and was right sorry for a Gentlewoman, one Mrs. Bellamy, at whose house he, with the rest, were relieved, after they fled; he prayed God, whom he had chief offended, next her Majesty; and last of all the people, forgiveness; saying, no soul was more sorrowful than his, nor none more sinful; and prayed for her Majesty, wishing she might live in all happiness, and after this life, be eternised in everlasting bliss; and so he prayed in Latin and English, and was executed.  
Edward Jones, said, I come hither to die, but how rightfully God knows; for thus stands my case, At Trinity Term last, Mr. Salisbury made me acquainted 
10. Jones.  with their purposes: and for that he knew me to be well horsed, he thought me as fit as any, to attempt the delivery of the Queen of Scots, and requested me to be one, which I utterly denied, altogether misliking their practices, and persuading him, by what means I might, from it; and told him, this was the haughty and ambitious mind of Anthony Babington, which would be the destruction of himself, and friends, whose company I wished him to refrain; and for that I would have him out of his company, I have divers times lent him money, and pawned my Chain and Jewels to buy him necessaries, to go into the Country; and whereas I had made conveyance of my lands to divers uses, with some Annuities, and placed my Wife with my friends, and given over house-keeping, and by reason of my conscience, thought to live at ease; I called my servants together again, and began to keep house more freshly than ever I did, only because I was weary to see Salisbury 's straggling, and for that I was willing to keep him about home; and never consented to any of his Treasons, but always advised him to beware; for though I was, and am a Catholic, yet I took it to be a most wicked act, to offer violence to my natural Prince. I did intent to go into Ireland with Mr. Edward Fitton, and there to have served; until at length, very shortly after, this my determinate mind being not settled, I received a Note of their names, amongst whom was the name of my dear friend: Then I began to fear what hath happened; I heard that night he would be at my house; and indeed he came thither about Twelve of the Clock, and the door being opened him, as he was very familiar with me, he came running up to my Bedside with a candle in his hand, which he took from one of my men, saluting me with these words, Ned Jones how dost thou? Ah! Tom, said I, art thou one of them that should have killed the Queen; yea, said he; what meanest thou by that? see, and read this, said I, giving him the Note wherein his name was; he seeing, turned about and said, there be many Catholics in England as far in this Act as we are; the more the worse, quoth I. Here is the sum of my fault, in which, I know I have offended her Majesty, First, Because I did conceal it at London. And Lastly, Because I did not apprehend my dear friend Tom, being in my house; for which fault I am hearty sorry, and do ask her Majesty forgiveness. There is one thing wherein I am to move you, concerning my debts; I have set them down so near as I could, what they are: good Sir Francis Knowles, I shall entreat you to be a mean to her Majesty, that there may be some care had of my Creditors and debtors.  
The debts which I own, do amount, in the whole, to 980. l.  
The debts which are owing me, are 1600. l.  
But who shall look into my Compting-house, shall find many of 100 l. 200. l. or 300. l. whereof all is discharged, except of some 50. l. and some 40. l. and such like, without any defeasance, and lie only in my credit; so that unless some man of conscience enter into the Action of my Counting house, it is like to be the utter undoing of a number; but God he knows my mind, and I hope it shall not be laid to my charge; and so concluded with his prayers, first in Latin, and then in English, that the people might better understand what he prayed: and so was executed.  


11. Charnocke.  John Charnocke, Gent. excuted.  

12. Travers.  John Travers, Gent. executed.  

13. Gaget  Robert Gage, Gent. executed.  

14. Bellamy.  Jeremy Bellamy, Gent. executed.    

Queen Elizabeth's Letter directed to Sir Amias Paulet, Knight, Keeper of the Queen of Scots, at the Castle of Fotheringhay, viz.  
AMias, my most faithful servant! God reward thee treble-fold in the 
Her Majesty's Letter to Sir Amias Paulet.  double of thy most troublesome charge, so well discharged; if you knew, my Amias, how kindly, besides dutifully, my grateful heart accepts your double labours, and faithful actions, your wise orders, and safe regards, performed in so dangerous a charge, it would ease your travel, and rejoice your heart, in that I cannot balance, in any weight of my judgement, the value that I prize you at, and suppose no treasure to countervail such faith; and shall condemn myself, in that thought I never committed, if I reward not such deserts; yea let me lack, when I most need, if I acknowledge not such a merit with a reward, not omnibus datum; but let your wicked Murtheress know, how with hearty sorrow her vile deserts compel these Orders; and bid her, from me, ask God forgiveness for her treacherous dealing against my life many years, to the intolerable peril of her own: and yet not content with so many forgivenesses, but must fall again so horribly, far passing a woman's thought, much less a Princes; instead of excusing whereof, not one can serve it, being so plainly confessed by the Author of my guiltless death: let repentance take place, and let not the Fiend possess her, so that the better part be lost, which I pray, with hands lifted up, to him that can both save and spill, with my most loving adieu, and prayer for thy long life.  
Your assured and loving Sovereign, as heart, by good desert, endureth, Elizabeth Regina.   

The Commission for executing the Queen of Scots.  
ELIZABETH, by the Grace of God, Queen of England, France and Ireland, etc. To our trusty and wellbeloved Cousins, George Earl of Sbrewsbury, Earl Marshal of England, Henry Earl of Kent, Henry Earl of Derby, George Earl of Comberland, and Henry Earl of Pembroke, greeting, etc. Whereas since 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 adjudge 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 public 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 Council, and also of the wisest, greatest, and best devoted of all Subjects of inferior 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 ourselves, 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 Authorise 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 Councillor, 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 yourselves, 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 authorize 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 Manor 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 Majesty's 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 Catholic, 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 remembering her the time was at hand, she risen 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 Soldiers; 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 spoke 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 certify him, she died a true Scot, true French, and true Catholic. 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 Board's, 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 Majesty's 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 stayed 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 Catholic 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 God's Will, she might have her heart lightened with the true knowledge 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 Christ's afflicted Church, and an end of their troubles, for her Son, for the Queen's 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 risen 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 spoke 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 cried, In manus tuus Domine, etc. and so received two strokes. The people cried, God save the Queen, and so perish all Papists and her Majesty's 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 clothes, 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 Sergeants 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 Heralds.  
At his Grace's feet did sit Mr. Winckefield, one of her Majesty's Gentlemen-Ushers, holding a long white Wand in his hand, being accompanied with Mr. Norris Sergeant 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 Queen's Majesties Learned Council. viz.  

1. Sejeant Puckering.  
2. Sergeant Shettleworth.  
3. Mr. Popham, the Queen's Attorney-General.  
4. Mr. Edgerton, the Queen's 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 Household. 
Commissioners on the right hand.   
2. Sir James Acrofte, Knight, controller of the Household.  
3. Sir John Parrot, one of her Majesty's 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, Sergeant at Law, and Recorder of London.  
8. Mr. Rockby, Master of Requests, and Master of St. Katherine's.   

The Names of the Commissioners 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 King's Bench.   
The Sergeant 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 Matthew Spencer, Sergeant at Arms, to return his Precept, which was returned and read.  
After that, the noblemans and Peers of the Jury, for his Trial, 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 Marquis of Winchester.  
4. Henry Earl of Kent.  
5. Henry Earl of Sussex.  
6. Henry Earl of Pembroke.  
7. Edward Earl of Hartford.  
8. Henry Earl of Lincoln.  
9 Henry Lord Hundsdon, Lord Chamberlain of her Majesty's Household.  
10. Peregrin Lord Willoby, and Earsbie.  
11. Lord Morley.  
12. Lord Cobham.  
13. Arthur Lord Grace.  
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 Lieutenant of the Tower was called to return his Precept, and to bring forth his Prisoner, Philip Earl of Arundel. The Earl came into 
Lieutenant.  the Hall, being in a wrought Velvet Gown, furred about with Martin's, laid about with Gold Lace, and buttoned with Gold Buttons, a Black Satin 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 carried before him by Mr. Shelton, (Gent. Porter of the Tower) being accompanied with 
Prisoner brought to the Barr.  Sir Owin Hopton, Knight, Lieutenant 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 Obeisances 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 man's heart and hand, as ever came into this Hall.  

Mr. Sands then read the Indictment.  
THat whereas divers traitorous 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 Queen's Majesty, her Royal Person, Crown and Dignity, viz. to subvert the State, invade the Realm, to set up Catholic Religion, to raise Insurrections, etc. 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, since the 20th year of her Majesty's 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 Catholic; 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 Queen's 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, etc. And that at the Tower, the 21st of July, in the 30th year of her Majesty's Reign, he did imagine, with other traitorous persons, that the Queen was an Heretic, 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, than 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 tried by his Peers, and liked the Trial well, that 
Earl.  he should be tried by such good Noblemen 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 Obeisances 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 Traitors.  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 Catholic.  
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 Majesty's Reign, there should be 50 men in privy Coats, and pocket daggers to kill the Queen; and that one Pain, and one eliot, were put in trust to perform the same.  
That my Lord was a Catholic, and favoured their proceed.  
My Lord answered, he was no Catholic in the 22th. year of the Queen's 
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 Catholics, 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 always 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 Catholic Cause.  
It was defined that the Catholic 'Cause was mere 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 Catholic; because you have been reconciled to the Pope, and there was a Law made in the 22d. year of this Queen, that whosoever was Reconciled to the Pope from the obedience of the Queen's 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 Since 
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.   
Since which time said, Mr. Popham he came to the Church, and fell to 
Popham.  the Catholic Cause again, which he cannot do by their Order, unless he be Reconciled.  
My Lord denied 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.  
edmond's a Priest upon Examination said, that Reconciliation was odious. 
edmond's 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 Traitor.  
Mr. Popham said, it was a discontentment made my Lord a Catholic, and 
Popham.  not Religion; and that he did disguise himself in shadow of Religion  
There was a Picture shown that was found in my Lord's Trunk, wherein 
Picture.  was painted a Hand bitten with a Serpent, shaking the Serpent into the fire, about which was written this Poesy, quis contra nos? on the other side was painted a Lion Rampant, with his Forces all bloody, with this Poesy, tamen Leo: my Lord said, one Wilgrave his man gave him the same with a pair of Hangers for a New years gift.  
One Ionas Meridith being examined, etc. 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 Paul's Cross.  
This Ionas answered, that he knew he had often been at Pauls-Cross in the Forenoon, 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 Catholic.  
My Lord said also, he was going away for fear of some Statute should be made in the 22d. of this Queen's Reign against the Catholics 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 Grandfather, his Grandfather, and his Father.  
My Lord said, Hollinshead was faulty, for setting forth in his Chronicle, that his Grandfather was attainted by Act of Parliament, but shown no 
Hollinshead.  cause wherefore.  
He said in his Letter, his Grandfather was condemned for such trifies, that the people standing by were amazed at it; he found fault also with the proceed against his Father.  
Whereby 'tis apparent said Mr Popham, 'twas 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 Traitor to be dispersed, to make the Catholics to think well of him; for said Mr. Popham, being discontented, he became a Catholic, and being so great a man he became a Captain of the Catholics, which is as much as to be a Captain over Traitors.  
A Counterfeit Letter was made 22 days 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 cyphers, showing 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 Catholics. 
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 villainous 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 itself 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 Chancellor;   
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 Queen's Solicitor stood upon these points, and because it was proved 
Mr. Solicitor.  that the Earl of Arundel would be ruled by Allen in any thing that should concern the Catholic 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 Traitors as Priests, and that he did converse, and was confederate with divers and sundry Traitors attainted, indicted, and suspected, being Prisoners in the Tower, and that he had Mass in the Tower, and that if the Spaniards should surprise 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 News was brought to the Tower, that the Spaniards sped well, than 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.  Catholic 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 Laymen, and 14 Laymen 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 Council, 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. Solicitor, 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 merely 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 Paul's 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 viuâ 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 King's Bench, closed in 
Prisoners to witness,  with Arras, and were thereupon severally called into the Court viuâ voce, upon their several Oaths to affirm that which is specified before Since Mr. Solicitor began to speak, at this Mark 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 practices; Bennet openly denied the writing of 
Lord Grace.  that Letter; whereupon my Lord Grace 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 denial 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 Lord's Faction, that the Earl of Arundel should be General of the Catholics, when the Tower should be surprised.  
To Walton my Lord took exception, affirming, that he was a naughty, lewd 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 Noblemen 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 Noblemen of the Jury came every one back, and were again placed by Garter King of Heralds.  
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 Foreman, 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 Trial of his Peers, who had found him guilty, and therefore asked why Judgement should not be given against him.  
Whereupon my Lord making three very low Obeisances 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 Majesty's 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 judgement, viz. that he should be conveyed to the place from whence he came, and from thence to the place of 
Judgement.  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 Obeisance 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 Sergeant at Arms, and the Court, together with my Lord Steward's Commission dissolved; which done, my Lord of Derby took the whitewand out of Mr. Winckfields' hand, and broke the same in pieces, and every man cried, God save the Queen.   
FINIS.