No More Learning

The first that spoke was Sir Walter Mill may—He handled eloquently the great causes
the Queen had deal severely with the Scotish
queen, and the importance the Parliament only; for she being prince wise, did his thereto, and her majesty's patience forbear judgment consider what violent attempts the ing, her wisdom being willing, her natural
favourites the queen might likelihood and accustomable clemency being slow; and
without the which he took that instrument irrevocable. For the charge secresy, conceived her meaning was, that should
kept from the common and public knowledge
offer that desperate plunge, should
compared her slackness with Mr. Davison's haste, though knew her mind herein very well. Then shewed, that such things might
not any wise extorted from princes, and that persuasions and entreaties are the utter most that subjects can offer; for the prince's
known that such Warrant was signed for her
execution, and not from her Council. For her
majesty's self after willed his way the Lord Chancellor, impart Francis Wal
singham, that then lay sick his house
London; herself made my Lord-Admiral privy heart God's hand dispose As for
sending him
being Privy Counsellors and Counsellors Estate, imparted none but my Lord Treasurer, and the rest, and that cxcusably regard the great credit and
the Council, known that prince's coun sellors are farther made privy any thing, than that pleaseth the prince, and oftentines that
and my Lord Chancellor
have some knowledge
should he think the Council should not know
stay the seal supra, sealing must needs
it; and then why
one that concealed from ano ther with great cause; and therefore you should not presume farther than you had express leave,
the rest proceed therein upon your own opi trust that her majesty usually reposeth my nion, howsoever your desire was for the end Lord Treasurer for matter greatest moment good and honest, especially seeing there hath
and weight. Secondly, for sending down the not been the like example. So concluded
VVarrant, did not without the opinion the Council, and therefore presumption
him and his own judgment, had suffi cient warrant the first delivery
from the queen herself. Then considering the troublesome rumours that were then
that the punishment should not regard the man's ability, but the quantity the crime committed, (by his judgment) ten thou sand marks, and imprisonment during her ma
jesty's pleasure. To which after agreed.
Sir Roger Manwood, Lord Chief Baron. —
abroad, and that information came daily from The second, shewed large the Scotish Queen's Ireland and Wales forces people arms, perpetual evil mind our queen, bereave and the report scattered abroad that Fother her her crown her life-time, her usurp ingay-Castle was broken, the prisoners gone, ing the Arms and Stile England posses
imparted
much less have been encouragement
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1247] STATE TRIALS, 30 Eliz. 1587. —Arraignment of W. Davison. [1248
sion, when she was first (out of the shell) mar ried into France, her dissembling of it in her widowhood, by laying the fault upon her late husband, and yet then seeking to be proclaimed
heir apparent in the life of her eldest sister, (for she never called her dear sister) which was a dangerous step to her purpose. After, in her
second marriage, her bloodiness in consenting
to her husband's murder, and upon that, flight
and deprivation ; her protection here by our
queen not only in life, but in honour; yet her
assenting to the purposes of the duke of Nor
folk; and yet after that, though then our queen
would not suffer her for that to be touched, nor
any way disabled, as many would have had
her, not only agreeing to traitorous plots, but tor, will hang him presently, before the Justice also complotting with them, and therein going depart out town.
beyond them all, so as we could never be in Lord Anderson. —He noted difference
quiet, but we had a Somervile, and then an Al law between Misprision and Contempt, that den, then a Throckmorton, then a Parry, and one was larger than the other, and both now lately Abington and Babington ; her ma point justice, and might when the War
jesty at length was forced to use a little severity rant Justice, Commissioner's Letter with her accustomed mercy, and one ounce of such matters not directly and straitly ob one with ten of the other. For even in this served; and urged, that Secretary should
proceeding against her, she might have been by the statute of Edw. 3, by a Jury of esquires and
gentlemen, attainted and burned, and her blood corrupt; yet her majesty did chuse by a new
order to deal more honourably with her. Then he came to this fact of Mr. Davison's, which he amplified by the consideration of her majesty's mind in this, proceeding the other did before the thing took Misprision and Contempt our law, punishable fine and imprisonment and said, that Misprision and Contempt any thing contrary to,
besides the prince's commandment point Justice, not other things; Justices
Westmi ster out Term, raze Indict ments Records; and gave other exam ples, the Ministers the Law, viz. Sheriffs
oses, which God might have put into her mn Parliament without their Oaths. So this thing jesty's mind, and herein you have seduced
for the last Statute, besides the condition and Proclamation, doth require the queen's direc
tion, and that must
either general, that not here granted;
men may which
particular, who,
there here any such, especially her majesty having knowledge the thing done. Fur ther, she was the Queen's prisoner, and there fore man might pretend take her away,
what means: neither
deliver her without special privity from the queen: and lastly, shewed, that the good intent was no warrant to transgress duty;
whereof put ment death Sheriff, for that
case two, where Judg given against one, and the
notorious thief or trai
execute their offices, return knights the
spoken others, but somewhat otherwise.
Sir James A-Croft. —He shewed his mind indifferently, with protestations his good-will
and good opinion the man; that was
rare example, and committed, he thought,
for want experience more than for want duty.
Lord Lumley. —He was somewhat sharp. Such Commissions of execution are sent Sheriffs; you sheriff, ought be very par ticular for such great personages; you had more Commission than &c. and of likelihood you have hereby prevented other good pur
then being high point justice, was not any respect done otherwise than her ma
jesty's express commandment would bear, pecially not with such haste, when she expressly
declared her mind the contrary; wherein Mr. Davison may seem this haste, her majesty had any other purpose, have pre
vented her, and God might otherwise have turned her mind; for not strange hear mutation her majesty respect this,
impart sir Francis Walsingham es him, and torn bim with our hands My peciality, was excluding the rest genera lords, why should Davison more zealous aud
the Execution the duke Norfolk, day
and day was appointed, and often her majesty
declared her unwillingness and lithfulness
have put him death, otherwise the law
might have been satisfied. The commandment royal person, which would not have run
lity; and farther, what told mv Lord Trea forward for his prince than we After re
surer could not gathered her majesty's plied that words, but rather the contrary; and the instru telling
ment was not peremptory and irrevocable took nor suicient Warrant for any
kind proceeding against the Scotish Queen, neither for the associates, nor for any other:
my Lord Chief Baron, that the Francis Walsingham did not ex proved, but rather implied
secret, and that was his duty have ex press commandment.
Sir Gilbert Gerrard, Master of the Rolls. —He handled the same matter that before
many grave Counsellors, &c. you were my
brother, would think ten times much
little enough, &c.
Lord Gray. —He proposed very vehe
mently the great exigence the good gentleman was that time: My good lords, consider, quoth he, and call mind what case we were daily, there came advertisement forces coine and arrived Ireland, Wales, adver tisements from abroad, from our provinces
home, even within miles this City, rising, firing, breaking holders, yea the destruction her majesty's royal person: otherwise than well had come her majesty's
clude the rest,
and presupposed that the rest should know
for without this especial information, he being
sick his house, and absent from the Court,
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1249] STATE TRIALS, 31 Eliz. 1580. -Trial of the Earl of Arundel. [1250
could not in any due time have knowledge of jesty's purpose forbear her death, which After agreed the Punishments but could not unknown Mr. Davison for wished that her majesty should have compas such things are means wrested
sion lous
erat.
him encourage others that were zea from princes, God will extraordinarily move
deserve well her and the state, and their hearts, and when shall most for his ended. Vulgique secutum ultima murmur glory. This example said, might dan gerous and inconvenient hereafter; and there fore concluded rather mischief than an
Earl Lincoln said little the purpose. Earl Cumberland was very short.
inconvenience, and agreed the punishment.
Earl Worcester was short, and be
13. Wraye chief, concluded the matter, and pronounced Judgment judicially 11. Archbishop York discoursed theolo upon the grounds alledged before others,
10. fore.
gically the necessity and worthiness virtue obedience, even strictly princes
bonun and bene, (as before my Lord Chief Jus Council, for that they were misled this tice justum and juste, which forgot afore man's undue suggessions.
the which enforced, &c. And after, from her majesty, spake somewhat justify her pro
things: and that non faciendum malun
veniat bonum, adding the difference between that she did not for this impute any fault her
inde ceedings these matters, and declare
Mr. Davison submitted himself the judg ment the queen's mercy, and requested that might propose question, which took upon his credit such they would not said was sound and eonversant) dislike, and therefore had leave and re
relate) and good intents not make the fact excusable, and that ought have direct, express, and iterated coinmand; where
cited Itule out Civil Law, (wherein
this purpose, the Prince commanded aliquid quest. His question was, this being my 2nagnum libera, tenta persistat, habe hands, her majesty had miscarried, what should secundan jussionem concluded, did have become me? To this, sir Walter agree the punishment, but was sorry that Mildmay and my Lord Chies-Baron answered, Mr. Davison, whom had heard well,
should fall into this cause, could not help
that my lord Gray had moved already. His request was not for mitigation his Fine,
it; wiser man might bave been led with zeal, and none of would have undone.
nor for enlargement Prison, although could never all his life worse bear than now much less for his former estate: than
12. Archbishop Canterbury, having said
first somewhat of her who troubled all only that might with her majesty's favour both alive and dead, and theologically mise enjoy any condition whatsoever, requesting ricordia puniens, out the Psalm, where them intercessors for this. Nothing God plagueth the enemy his Church, this was said, but they arose and departed.
“for his mercy endureth for ever;' for this present matter, said, non factum, sed modus,
These am sure are the principal matters any them uttered, far mysels,
my conference could recal mind.
Er Autographo Guliclini Nutti, qui oculatus
question, thing done, thought,
unfeignedly zeal, and that which might have
been better done consideration her ma testis adsuit.
was
66. The Trial PHILIP HowARD, Earl ARUN DEL, before the Lords, for High Treason: ELIZ. 18th April, 1589. ”
FROM the outward Bar the King's-Bench, noblemen and officers, four Serjeants arms, there was Court, made foot square, with their maces, waiting before him; next
within which was table foot square, before his grace the earl Oxford, Lord Great covered with green cloth and the same Chamberlain England. My lord Derby's Court were benches upon, covered with grace being seated his chair state, every green say. the midst the same Court, nobleman was placed his degree, Garter the upper end, was placed cloth state, king Heraults. At his grace's feet did
ward from the midst the same Court, men Ushers, holding long white wand his the midst the hall, was built Gallery for hand, being accompanied with Mr. Norris, the Prisoner come upon the Court, serjeant the Garter. Before them did sit length 110 foot, and breadth foot, and Mr. Sandes, the Clerk the Crown the height from the ground foot, railed round King's-Bench.
about, and going down with seven steps. - Opposite against my lord's grace did the Between eight and nine the clock the queen's learned Counsel, viz. Serjeant
with Chair and Cushion for the Lord Ste Mr. Winckefield, one her majesty's Gentle
morning, the earl Derby, Lord Steward his Puckering. Serjeant Shettleworth.
Mr.
grace, entered the Hall, attended mihi. Cand. Eliz. sub anno 1589. Part
WOL.
divers Popham the Queen's Attorney-General.
Mr. Egerton, the Queen's Solicitor.
The Names of the Commissioners on the Right-Hand sitting upon lower Bench, under
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1251]
STATE TRIALS, 31 Eliz. I589. -Trial of the Earl of Arundel, [1252
the Lords of the Jury. 1. Sir Francis Knowles, nobles, and others there present. Then did kt. Treasurer of the Houshold. 2. Sir James Mr. Sandes, Clerk the Crown, say was
a Crosts kt. Comptroller of the Household. indicted several Treasons, and said unto him, 3. Sir John Parrat, one of her majesty's most ‘Philip Howard, earl Arundel, late Arun
honourable Privy-Council. 4. Mr. Wolley, Secretary of the Latin tongue, of the Privy Council. 5. John l'ortescue, Master of the Wardrobe, and of the Privy-Council. 6. Dr.
Dale, one of the Masters of Request to her inajesty. 7. W. Fleetwood, Serjeant at Law,
and Recorder of London. 8. Mr. Rock's,
Mastcr of Requests, and Master of St. Cathe rinc's. -
del the county Sussex, hold thy hand. ’
He held hand very high, saying, ‘Here
true man's heart and hand, ever came into this Hall. '
Mr. Saúdes then read the Ix pictor FNT
“That whereas divers traitorous persons,
the parts beyond the seas, being liaturai Eng lish-mei, viz. Dr. Alien, Parsons, Champion, Mott, and divers others, have retofore, di
The Names of the Commissioners on the vers and sundry times, with sundry persons,
Left-Hand. 0. The Lold Chief Justice of Eng land, Christopher Wray. 10. The master
of the Rolls, sir Gilbert Gerrard. 11. The
Lord Chief Justice the Common-Pleas, Ed queen's majesty, her royal person, crown and mund Anderson. 12. The Lord Chief iron dignity, viz. subvert the state, invade the
the Exchequer, Roger Manwood. 13. Jus realm, set catholic Religion, raise tice of the Common-Pleas, William Periam. surrections, &c. among which number un 14. Justice Gawdy, the King's-Bench. The natural Traitors the earl of Arundel was well
Serjeant arms, usually attending the acquainted with that notorious Traitor Dr. Lord Chancellor, named IRoger Wood, was Allen, means Bridges, Weston, Ithis, and commanded make an Yes three times. other popish priests, with whom, divers times, Then Mr. Sandes, Clerk the Crown, read sithence the 20th year her majesty's reign, the Commission. And sir Francis Knowles, hath had private and secret conference, and kt. gave the Verdict the great Assize. communication several treasons; inson, uch, Then was called Matthew Spencer, Seljeant
Arms, return his Precept; which was re turned and read.
England. William lord marquis Win that arch-traitor; and that the bishop Route,
well Englishmen other countries, practised accomplish and bring pass several dan
gerous and unnatural Treasons against the
that the earl Arundel did presently dispatch his scveral Letters Bridges aforesaid, Dr. Allen, wish him any band something
the concerning the Cause Catholick; wherein promised perform any thing that Dr. Allen
After that the noblemen and peers
Jury, for his Trial, were severally called
their names, followeth William lord should think for him do. And whereas, Burleigh, Lord Treasurer England. Ed the 21th day April, the 27th year the ward earl of Oxford, Lord Great Chamberlain queen's reign, was flying sca Dr. Allen,
chester. Henry earl Kent. Henry earl Sussex. Henry earl Pembroke.
and the king Spain, were thereupon solicit
Allen aforesaid, raise war against this realin: And whereas also the earl of Arundai
Edward earl Hereford. Herry earl
Lincoln. Henry lord Hunsdon, Lord Chain had understanding
Bull, that Sextus the
K.
10. Pere fifth, pope
majesty's rine Lord Willoughy
name, for the Excommunication
her majesty's reign, did imagine, with
berlain her
Household. Eresby.
that
England her majesty, and
11. Lord 12. Lord Cobham. 13, Arthur lord
invading
realm,
&c. Andthat
Grey. 14. Lord Darcy, the North. 15. Lord Sandes. 16. Lord Wentworth. 17.
the
Lord Willoughby Parham. 18. Lord North. other traitorous persons, that the queen was 19. Lord Rich. 20. Lord St. John Bletsho. Heretic, and not worthy govern the realm.
21. Lord Ruckhurst. 22. Lord De Ware. 23. F. ord Norris.
Then the Licutenant of the Tower was called
return his Precept, and bring forth his Prisoner, Philip earl Arundel. The earl came into the Ho! , being wrought velvet gown, furred about with martins, laid about with gold lace and buttoned with gold buttons,
black sattin doublet, pair velvet hose, and long high black lat his head; very
tall man looking somewhat swarth-coloured. Then was the earl brought the Car, with the car, led before him Mr. Shelton, gent. porter the Tower, being accompanied with
sir Owen Hopton, kt. Heutenant the Tower, *ir Drew Drury, constable the Tower for the time, Mr. Hetty Cronkard, and others. At
iny lord undel's coming the Bar, onade two obey sauces the state, and the
and that did move and procure one William Bennett, seminary priest, say mass for
the happy success the Spanish Fleet; where upon had mass, and did help say mass himself, that purpose: And having news the conflict sea betwixt the Spanish fleet and the Inglish, procured sir Thomas Ger raid, and divers others, then prisoners the Tower, say mass with him for the tortunate success Spain and that made prayer specially for that purpose daily used and exercised amongst them. ”
Hereupon Mr. Sandes asked the earl Arundel, were Gwily, not Guilty tile
veral Treasons comprised the said Indict ment: To this the Earl answered, he would know, whether the several Points the Indictment contained were but one Indictinent, yea no? The Judges satisfied him, was
forthe
the Tower, the 21st July, the 30th year
had sent into
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1253] STATE TRIALS, 31 Eliz. 1580–for High Treason. {1254
but one Indictment, and a matter he need not stand upon.
Ile desired to know, if they could procced against him for the Treasons in the statute of
sound no! ! emen and gentlemen England. Then said my Lord, low prove you me
Traitor these points?
Secause, said Mr. Popham, you have confe
13 Eliz. as er the six months were expired; to derated with Traitors desiring Dr. Allen
this he was answered, That they did not pro your Letters employ you any way, that con ceed against him on that statute, but on the "cerned the cause Catholic because you have 25th Edw. 3. After this, being called upon been reconciled the pope; and there was to plead, he pleaded Not Guilty; and said, he law made the 23d year this queen, That was well contented to be tried by his peers, whosoever was reconciled the pope from the
and liked the Trial well, that he should be obedience the queen's majesty, was case tried by such good noblemen there present, of Treason.
that krew his hie: He said, he had been pri My Lord confessed, That Bridges did confess soner four years, and twenty-five weeks close him, but not reconcile him any such sort,
prisonor, and that he had been sick and weak, but only for Absolution his sins.
whereby his memory might sail him; and there Mr. Popham charged him, That did once fore humbly desired my Lord Steward's grace, submit himself, but sithence foll from his Sub making three several obeysances on both knees, mission, and the refore practised new Treasons. that he might be heard to make answer to He confessed was acquainted with the
every particular point. priests, and two them had been absolved My Lord Steward answered, that there was and confessed.
no other meaning nor intent, and that he should be heard deliberately.
Sithence which time, said Mr. Popham,
Then did Mr. Serjeant Puckering deliver to
the Lords of the Jury, the elect of the Indict order, unless reconciled.
ceedings.
My Lord answered, He was
Catholic
That secretly was flying out the realin and that did disguise himself shadow
the 22d year the queen's reign.
Dr. Allen, being Arch-Traitor; which doth argue my lord good subject.
That Throckmorton practising his Treasons
sounding the ports, set down his
Catalogue, that South-west wind would serve
from Spain Arundel-castle Sussex, and poesy, Quis contra nos On the other side
easterly wind from the Low-countries. That Throckmorton's Catalogue the names
was painted lion rampant, with his chops
bloody, with this poesy, Tamen Leo. My lord said, one Wilgrave's man gave bin the same,
all the noblemen and gentlemen every shire
that alfecteth the Catholics; began Sussex, with pair hangers for New-year's gist. —
and set down the earl of Arundel's name the
thumoetland, and others. Paul's Cross this Jonas answer that he My Lord answered, when Mott was Sus knew he had often been Paul's Cross the
first. That further, one Mott priest informed
Throckmorton, that he was come over sound
the intents of the earls of Arundel and Nor mess, that had often observed iny lord
forenoon, and hath heard mass with him
the Charter-house, the atternoon. To this
Mr. Puckering said, the Traitors have
good conceit my lord Arundel, knowing
join be affected the Catholic cause.
was defined, that the Catholic cause was mere serve the prince Parma, whither Dr. Treason. Petro Paulo Iłosetto came over Allen should direct him for the Cause-Catholic.
sex, never came there, but always attended at Court.
came the church, and fell
the Catholic their
Cause again, which connot
ment, and other Evidence at large as followeth: First, that my lord had private and secret Conference with Bridges aforesaid, and divers other Traitors and Seminary priests; and that he had written his letters to Dr. Allen, to find
which way he no further the cause catholic. had reconciled the earl of Arundel.
came
the
That did fast caty-four hours, and prayed
for the happy success the Spanish fleet. That Allen and others, being arrant Traitors,
had taken order, that the 22d year her
majesty's reign, there should men
privy coats, and pock, t-daggers, kill the
queen; and that one l’ain, and one Elliot, were
put trust perform the same. That my
lord was catholic, and favoured their pro whosoever was priest papist was arrant
Traitor.
Mr. Popham said, was Discontentment made my lord Catholic, and not Religion
My Lord deniel, that ever church after that time.
the queen eongnyendation two priests, wherein saith, one them
There was Letter sent Scots Morgan France
Edmonds priest upon Examination, said, that Reconciliation was odious.
My Lord said, These but allegations and
circumstances, and that they ought
proved two Witnesses.
was justified, said, once the Star
Chamber amongst the lords there assembled concerning Libel there question, That
Religion.
There was Picture shewed, that was found
my lord's trunk, wherein was painted hand bitten with serpent shaking the serpent
into the fire, about which was written this
One Jonas Meredith being examined, about his communication with town's-man who com
mended iny lord Arundel for his forward
my lord said nothing, but seemed deny
My lord being examined the Tower, his sudden going away sea, answered, To
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1255] STATE TRIALS, 31 IEliz. 1580. -Trial of the Earl of Arundel, [1256
My lord said also, he was going away for fear why some statute should be made in the 22d of this excused
would ruled thus Dr. Allen, he saying, that said would
Alien things, saving that did
gueen's reign against the Catholics in that par ruled
liament; and that Dr. Allen advised him that
he should not go over, if he could tarry here
in any safety, because he might be the better
able to make a party in England, when they Book aforesaid intended, that my lord was came. —Before my lord's going to sea, he wrote practiser with Allen about the Invasion. Then
a Letter to be given to the qucen after he was
gone, wherein he found fault with her hard
dealing in giving countenance to his adversa
said my lord, would serve the queen against princes, pope, potentates whatsoever.
The Queen's Solicitor stood upon these
ries, and in disgracing him ; and that he was Points; and because was proved, that the
discontented with the injustice of the realm to earl Arundel would ruled Allen any
wards his great grandfather, his grandfather, thing that should concern the Catholic cause:
and his father. My lord said, Holinshed " And for that Dr. Allen hath since that time was faulty, for setting forth in his Chronicle, practised divers nonstrous Treasons, and con
that his grandfather was attainted by act of
parliament, but shewed no cause wherefore.
He said in his Letter, his grandfather was con
demned for such trifles, that the people stand and therefore my lord must needs culpable ing by were amazed at it : he found fault also the Treasons Allen hath practised and with the proceedings against his father. — procured, flying Allen serve the prince Whereby it is apparent, said Mr. Popham, it Parma, antea.
was Discontentinent moved my lord, and not My lord was charged with relieving divers Religion : and fearing lest his friends should Traitors, priests; and that did converse,
think amiss of him, he left a copy of his Letter and was confederate, with divers and sundry with Bridges a Traitor to be dispersed, to make Traitors attainted, indicted and suspected, be
concern her majesty and the state; and there upon appealed my Lord Chancellor, and Walter Mildmay, who were not present. The
tinually hath built upon the help some chief man England, there none yet known
his degree, that hath any thing with Allen;
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, di
rected to one Baker at Lynn, there being no prisoners, reported, that they hoped see the such man abiding ; who rein was signified, that earl Arundel king England, and that car my lord was very hardly dealt withal by some dinal Allen should direct the crown England. of the council, and that he was gone into Before the coming the Spaniards Fleet, when Sussex, and a farther voyage, and that he our Commissioners were the Low Countries, would come home by Norfolk. This was a news was brought the Tower, that we should counterfeit Letter, said Mr. Attorney, appoint have peace betwixt Spain, and England; then ed by my lord to be dispersed, to make it would my lord Arundel pensive. When known he was discontented. Also Allen sent the Spanish Fleet was upon our coast, and news a Letter to the queen of Scots in cyphers, was brought the Tower, that the Spaniards shewing a great party in England. Allen sent sped well, then the earl would merry. Then my lord word, if he did come over, he must when news came, the English Fleet sped well, take a greater title than that of earl upon him, the earl would sorry. When news came, and therefore addrest my lord in this style, the Spanish Fleet was come upon the coast “To Philip duke of Norfolk, earl of Arundel. ” Kent, my lord said, great wood, and Batington in his Examination said, the queen puissant fleet, we shall have lusty play shortly, of Scots sent him word that the earl of Arun
hope we shall plague them that have plagued del was a man be chief head for the Ca us. My Lord said, He would not fight against tholics. Allen sent word Rome, that the any that came fight for the Catholic faith.
bull which was last sent over into England, Ile said, when the Spanish Fleet was sea, was the intercession great man Eng would have three masses day for the happy land. My lord (said Mr. Popham) was one success Spain. He said also, He would have
the principallest, and acquainted thus far continual prayer without ceasing for time, with Allen Ergo, my lord Arundel, the good success Spain, viz. would have that great man. Dr. Allen made most vil every twenty-four hours five priests pray two lainous and slanderous Book, which was very hours a-piece for the defect laymen, and hard got, which was contained, That fourteen laymen pray every one hour the earl Arundel was procurer the last piece for the happy and fortunate success Bull, and the procurer the Invasion also. Spain. He made himself special Prayer for The Bull itself was some part read, and the that purpose, and caused copies haste there
Book was part read also. My lord being charged his Confession, being examined,
Holiu, Chron, fol. 976,
made. Mr. Shelley, then Prisoner
the Tower, told my lord, That exercise that Prayer were dangerous, and wished my lord
ing prisoners the Tower, and that had
mass the Tower; and that should surprize the Tower,
the Spaniards Owen Hopton
should put the rack-house.
charged, That divers Papists, Seminaries, and such like, being prisoners Newgate, and other
alone: therefore iny lord called for the
He was also
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1257] STATE TRIALS, 31 Eliz. 1589. —for High Treason. [125s
copy of the Prayer again, and would not have it Faction, that the earl Arundel should
copied. He was charged, That he did conjure General the Catholics, when the Tower
Thomas Gerrard, knt. keep counsel should surprised. To Walton, my lord
these matters before set down, who promised took exception, affirming, that was naughty
him, would. Bennet also promised keep lewd fellow, who had sold that little land had his counsel, and divers others. Then were sir three several men: and of the other wit
Thomas Gerrard, Mr. Shelley, Bennet the nesses said, that soule were attainted, some riest, and divers others, removed from the indicted, bad men and prisoners, and that their
Tower several other prisons, and upon exa mination confessed all as aforesaid.
My Lord hearing these matters laid hard against him Mr. Solicitor, grew into some
agony, and called for his accusers face face; which the learned counsel did not yet yield unto. He was likewise charged, That came once
words were worth little credit.
Then said Mr. Popham, they were never tortured, but confessed this willingly, and they are such, you have accompanied.
Here ended every man's speech, and the noblemen and peers the Jury went together.
My Lord humbly having submitted himself the consideration his peers, with protes ing, ‘Come, Mr. Bennet, pray, that the tation loyalty; the Lieutenant brought him
merrily Bennet the priest the Tower, say
Spaniards may beat down London-bridge;’ and
promised give him damask gown shortly,
and that hoped make him dean Paul's
ere were long: that the time their delivery
was hand, and willed him any wise secret, for, should reveal these things,
Spanish Fleet was driven away, my lord said, Within one hour after, the noblemen the
“We are undone; there hope for Jury came every one back, and were again
this year, and the king Spain cannot provide placed Garter King arms. Then Mr. such power again these five years, some Sandes asked every man the Jury, severally,
may dead and rotten ere that time. beginning uny lord Norris, the youngest ba There were then brought into the Court, ron, and proceeding my Lord Treasurer, the
vică voce, upon their several oaths, Anthony foreman, whether the Prisoner were Guilty, Hall, and Richard Young, justice the yea, no? Which every one them, laying peace, who aimed something hearsay the their hands upon their hearts, did protest Proof the former matter. Also sir Thomas
eat any thing; and pre- When news came the Tower, that the sently returnca his seat state.
would deny them his face.
his business, forborn
from the bar unto seat near unto the court Common-Pleas, where the Warders attended
upon him.
My Lord Steward likewise withdrew himself
little while, freshment; having
seemed, take some re the day for the time
Gerrard, Wm. Bennet, Tuchmon, Snoden, and
Ithel, and divers others, were closely kept
place over the King's-Bench, closed with
arras, and were thereupon severally called into
the Court, viva voce, upon their several oaths, Sandes unto him, That had been indicted
affirm that which specified before: sithence several Treasons, and that had put him Mr. Solicitor began speak, how this Mark self upon the trial his peers, who had found
Bennet the priest was charged with Letter written my lord wherein should sorry for the opening these matters aforesaid
him Guilty; and therefore asked, why Judg
inent should not given against him. Whereupon my Lord making three very low
against my lord. One Randal had writ this obeysances upon his knees, did humbly submit Letter Bennet's name, advice my lord himself my Lord Steward's Grace, and the
Arundel, blind his practices. Bennet favours the rest the nobles and peers there openly denied the writing that letter; where present, and besought them mediators
upon my lord Grey and my lord Norris asked Bennet, knew the Letter, yea,
For the better Evidence, Bennet confessed,
he had been moved such matter, but did not. —Against Thomas Gerrard, my
for him, that might obtain her majesty's hands, have order taken for his debts, and have conference with his officers, and talk with his wife, and see his infant, born after
his imprisonment, whom had never scen. Then my Lord's Grace pronounced Judg
ment, viz. That should conveyed the place from whence came, and from thence the place execution, and there hang
ed until were half dead, his members be cut off, his bowels cast into the fire, his
lord stood very stoutly
witnessed, willing him
and charging him
God, whose presence
thing him but truth.
Thomas referred himself
fore read, which said
twice sworn.
There were called into the Court two Wit
nesses more, viz. one Walton, and one Church, who justified Letters were brought from Fng
land Rehnes, where they both were; which Letters were sent one IIill, one lord's
To this the earl Arundel said, were
softly himself, Fiat voluntas Dei. And having made low obeysance the State, the
denial what look him the face, would answer before spoke, tell no
answer whereof,
his Depositions be was sworn; yea,
head cut off, his quarters into four several parts, and
four several places: and Steward) the Lord have mercy
divided bestowed
(said my Lord thy soul
their consciences, and upon their honours, that was Guilty.
Then was the Lieutenant called bring his Prisoner the bar, who was brought accord ingly, attended before. Then said Mr.
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1259] STATE TRIALS, 31 Eliz. 1589. --Trial of the Earl of foundcl, [12:0
Lieutenant took him away; Mr. Shelton going Willoughby Eresby, the lord Morley, the before him with the edge of the ax towards lord Cobham, the lord Grey, the lord 1)arcy him. Then there was an O yes made by the the north, the lord Sal the lord Went Serjeant at Arms, and the Court, together with worth, the lord Rich, the lord Willoughby my Lord Steward's Commission, dissolved: Parhain, the lord North, the lord St. John which done, my lord of Derby took the white Bletnesi;0, the lord Bucki. urst, the lord La
wand out of Mr. Winkfield's hand, and broke
the same in pieces; and every man -cricq, “God - save the Queen. ’
Whereupon the earl of Arundel was carried
back to the Tower, where after several reprieves
he died a natural death, October 19, 1595, hav with those mentioned before, Ann. 1330, viz. ing been piisoner there ten years and six “That held very strict intimacy and cor months; four years whereof passed before he respondence with cardinal Allen, I’arsons the
was brought to his Trial.
“An Account” (the preceding) “ of this Trial is
in the first volume of the present Worl. ”
the last edition the State Trials) with
reference note Camden's Elizabeth,
as the Trial was extracted from that work. assist the said cardinal advaiting the catho
I}ut the fact that they are disserent rela cause, and that purpose had designed tions the same Trial and Mr. Cam withdraw privately out the kingdon that den's account, though not foll, appears was privy the ball Sixtus Quintus, which
more clear and intelligible, and the dethroned the queen, and made over her do sanie time occupies little room, we thought minions the Spaniards: that when was that would not unacceptable our prisoner the Tower, had caused mass readers. therefore here given from
former only old translation from ‘the same Impeachment? ' They answered
our readers with copy cation sailed success. ”
it: but the appli swer was, “That these things significi little,
fact were proved. ” After this, second time, whether he were
answered Not Guilty, and On the 18th April 1539, was Philip Howard, submitted himself God and his peers; but all Arundel, arraigned Westminster-hall, desired them spare his memory, which was and tried his peers, before Henry earl impaired his imprisonment, and health, Derby, who was created Lord-High-Steward and not over-charge with too much variety. England this particular occasion. The per Puckering, the Queen's Serjeant Law,
Ertract from Kenn. Compl. Hist. ed. 551.
being asked Guilty not
Hargrave. . ] ‘the matter
sons summoned attend this Trial, were these opened the first part the charge, viz. That following peers: William Cecil lord Burleigh, cardinal Allen having engaged with the Jesuits lord-high-treasurer England; William lord and others against his prince and country,
marquis Winchester; Edward earl Ox upon which account was banished the king ford, lord-great-chamberlain England; Henry dom; yet the said earl had kept up cor earl Kent, Henry earl Sussex, lïenry earl respondence with him letters, and had ex
Pembroke, Edward earl Hertford, Henry pressly written him advance the Catho *arl Lincoln, the lord Hunsdon, the lord lick interest, which, fair and modest cos
Ware, and the lord Norris.
Being ordered hold his hand, did
so, and moreover used this expression, Be hold here cican hand and honest heart The
heads his Impeachinent were n. uch the same
Jesuit, and other conspirators, who attempted the ruin their prince and country, stir
ring
jects
tion
foreigners and the queen's natural sub bring Popery, the total destruc both that had engaged by Letters
conveyed Weston, alias Burges priest,
the English translation Camden, bishop
Kennet's complete History Fugland.