friends upon me, and make them mine enemies, Then my Lord Chief Justice
pronounced
the then were worse case than ever was.
Complete Collection of State Trials for Treason - v01
Dean Paul's with chearful counte
never against the queen's majesty, God my nance; and afterwards for the most part
Then the Duke said, “I
my self, but come discharge my conscience,
not excuse
this we
confess, and also godly Religion; therefore look
that your livings and conversations answera ble the Religion Christ that proves you;
that God may prosper the prince, overthrow the pope, and maintain your wealth and quiet
my person, good people,
ness. Let not make
my Speech worse; they that have factions, speak not particularly, but generally, them
and acquit my peers, and not complain
any injustice, for have deserved this, and beware they given over betimes; seek not
Tower-hill, June the 2nd. He died with great courage and magnaniinity amidst vast crowd sorrowful and weeping spectators; for
shaking those that were the scaffold by the hands, and desiring them pray for him;
amongst the rest, the Executioner did on his knees desire forgiveness his death, who did very courteously forgive him, and put into
incredible, says our author, “how dearly
was beloved the populace, whose good-will the hand the Executioner four sovereigns
suitable
great prince. ” silver. This done, the duke kneeling down,
bad gained munificence and affability gold, and eighteen shillings and pence
disobedience his subjects;’
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1035] STATE TRIALS, 14 ELIz. 1571. –Trial of the Duke of Norfolk, [1036
dicte d'ne Regine erga ipsam d'nam Reginam
gererent jure gerere tenent' penitus sub
trahere delere extinguere intendens vicesimo
secundo die Septembris anno regni d'oae d'ne
n're Elizabeth Regine nunc diversis aliis
commend my spirit. Then arose and ditare veram etiam eand'm d'nam Reginam pulled off his velvet govn, his black satin mortem finalem destructionem adducere
and the dean of Paul's with him, he made his
Prayers to God, and read the 51st Psalm, say
ing on to the last Verse save one, viz. 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 proditorie conspiravit imaginat' fuit circu'ivit late; I ask the world forgiveness, and compassavit d'cam D'nam Reginam supre forgive the world. The Psalm finished, and mam d'nam suam non solum regali statu other prayers; said, manus tuas, Domine, tit'lo potestate regimine Regni sui Anglie commendo spiritum meum, Lord, into thy hands penitus deprivare deponere deicere exhere
doublet, and his velvet might-cap, and gave them the Executioner; and being white fustian waistcoat, said Mr. Dean Paul's, This the white satin doublet made
die which the Preacher did speak of;
and kneeling the block, laid down him
self, and rose again, and laid the straw and
other things such sort, might more
convenient manneryield himself for the speedier
Execution. This done, his eyes and hands
lifted up, Mr. Dean desired the people's silence, and said, Now together, with one voice,
ponere: Ac Seditionem dicto regno Anglie suscitare levare facere etiam stragem
miserabilem inter subdit dicted'ne Regine per totu' Regnu' Anglie gen'are causare, in surrectionem rebellionem versus d'eam d'nam
Reginam supremam naturalem d'nam suam procurare suscitare, guerram publicam
acerrimam infra hoc Regnum suum Angl' con tra ipsam d'nam Reginam suscitare levare habere gubernationem eiusdem Regni
sinceram Dei religionem eodem Regno recte
pie stabilit' pro voluntate liberto suis mu
per universas suas p't' bene institut ordinat' "totaliter subvertere distruere diversos ex
pray for him, saying, Lord Jesus receive thy
soul. The Duke yielding himself the block,
refusing have any handkerchief before his
eyes, his head was one chop cut off, and traneos alienigenos non existent' subdit' shewed the people; and afterwards his dicte d'ne Regine hoc regnum Angl' hosti corpse was put into cofin appertaining
Barkin church, with the head also, and the burial-cloth laid over him, and was carried by four the lieutenant's men, and was buried
the chapel the Tower the Dean St. Paul's.
Here follows the Latin INDIcTMENT.
liter invadend' guerram acerrimam versus eandem D'nam Reginam eodem Regno levand' suscipiend' faciend' incitare procu rare inducere: illa nequissima etne phandissima proditoria imaginationes compas sa'cones inten'cones proposit' sua pred'ca
perficiend' ip'e idem Thomas Norf"k sciens perfect' intelligens Ma
riam nuper Scotorum Reginam clamasse pretendisse tit'lum int'esse presentem pos
sessionem statu' imp'alis Corone hujus Regni Angl Sciensque perfecte intelligens pre dicta Maria nuper Scotorum Regina preantea falsissime nequissime etinjustissime asseverasset
Per
Indictamenta Michael' riij. Elizabeth Regine.
Midd'
aiiij.
“IN QUIsITIo capt' coram d'na
defensoris, &c. quartodecimo per sacr'm Thome beth'nullum jus neque titulum adCoronam hujus
Regina Westmonastero die Jovis proxim post octabis sancti Martini anno Regni d'ne Elizabeth Dei gratia Anglie Frauncie Hibernie Regine fidei
apud
Gresham Militis Thome Chamberlen militis Will'imi Hollis militis Francisci Newdigate
Regina falsissime nequissime injustissime Wrightman armiger Thome Higate armiger' usurpasset stilu titulum Regine nomen hujus
armiger Will'mi Hawtree armiger Will'mi
Regni Angl'h'uit. etiam sciens perfecteque intelligens prefat Maria nuper Scotorun
Johannis Marshe armiger Will'mi Clarcke ar miger'Anthonii Colclothe armiger Edwardi Os borne armiger'JohannisIseham ariniger Robarti
Regni Angl'. ipsa pretat' Maria per Scotorum Regina scripsisset no'iassetseip'am
divers' suis Script Reginam Angl': quod
ip'a ead'm Maria nuper Scotorum Regina ges
Burbage armiger Ric' Bellamy armiger Thome
Norwod armiger Jasper Leake armiger Gai sisset conjungisset arma hujus Regni Angl'
fridi Walkaden armiger'. Qui dicunt supra sa
cum armis Regni Scotie tam Sigillis vasi
bus suis argenteis q'm aliis rebus sine aliquali differens sive distinctione. insuper sciens perfecteque intelligens quod dicta Maria nuper
cr'm suum Thomas Dux Norf'k nuperde Re
mynhall Comitatu Norf'k falsus prodi tor contra illustrissimam christianissimam
Principem d'nam nostran Elizabeth'Dei gra
Scotorum Regina non revocasset nec renun tia Anglie Francie Hibernie Reginam fidei ciasset iniqua injusta clam' usurpacoes
defensorem sup'mam d'nam suam timorem
Dei corde suo non habens nec debit' legi
anc sue ponderans sed instigatione diabolica
seduct' cordialem dilectionem veram debi tea apud Charterhouse pred'cam Com'Midd' tam obedienc quas veri fideles subditi predict' falso subdole proditorie querebat
diebus vicibus antea postea apud Char terhouse Comitatu Midd' falso malitiose
tare alterare necnon statum totius reipublice
atfirmasset prefat d'na n'ra Regina Eliza
sua pred'ca xxiii die Septembris anno regni d'ce d'ne Elizabeth' nunc Regine Anglie
diversis aliis diebus vicibus antea pos
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1037] STATE TRIALS, 14 Eliz. 1571. – for High Treason. [1033
et conabat sine assensu et agreament pre
decimo ap'd Rippon d'eo Com Ebor contra dictam d'nam Reginam supremam D'mam suami eor co'i propo'ito assensu cum magna
multitudine gentium numerum quatuor mille homin ultra modo guerrino armati arraiat' seip'os illicite falso proditorie insimul congre
Regine supreme d'ne sue seip'm conjungere et in Matrimonio
fat d'ne n're Elizabeth
copulare cum prefat' Maria nuper Scotorum
Regina. Et eisdem de causa et propo'ito ip'e idem Dux pred'co xxiii die Septembris
anno undecimo supradicto et diversis aliis die gaver assemblaver guerram publicam
bus et vicibus antea et postea apud Charter acerrimam versus dictam d'nam Reginam Eli
house pred'cam in Com Midd predict' falso zabeth' supremam d'nam suam apud Rippon
subdole et proditorie scripsit diversas literas ad predictam dicto xvi die Novembris anno unde prefatam Mariam nuper Scotorum Reginam et cimo supradicto falso proditorie paraver or
tam easdem l'ras quam diversa signa et pignora dinaver levaver', De quibus omnibus sin voc' Toakens ad illam prefatam Mariam nuper gulis proditionibus rebellionibus conspirationi
Scotorum Reginam pred'co xxiii. die Septem bus pred' cisdicti Thomas Comes Northumbi
summas: Necnon prefat Maria nuper Sco pred'ca per ip'os factaru' commissarum pre torum Regina pred'co xxiii. Septembris anno dicti Thomas Comes Northumbr Anna uxor
Regni d'oe d'ne Elizabeth Regine undecimo ejus, Carolus Comes Westmerl', Richardus supradict diversis aliis diebus vicibus an Norton Thomas Markenfelde, acquamplures
bris anno undecimo supradicto et diversis aliis
diebus et vicibus antea et postea falso subdole
et proditorie missit. Necmon eodem xxiii. die
Septembris anno Regni d'oe Regine supra torum predict' per debit'legis formam legitime dicto diversis aliis diebus vicibus antea indictat postea superinde legitime utlagat postea apud Charterhouse pred'cam Com' attinct fuer adhuc existunt prout per seperal' Midd' predict'falso subdole proditorie mutuo record'inde Cur' d'ce d'ne Regine nunc co dedit accommodavit tam prefat Marie nu ramip'a Regina remanen pleiieliquet record' per Scotorum Regine quam amicis adheren cumque post perpetrationem commissionem tibus suis plures diversas magnas pecuniarun nequissimarum proditionu'predictarum forma
Anna uxor ejus, Carolus Comes Westmerl'Rich ardus Norton, Thomas Markenfelde cum mul aliis dictorum falsorum proditorum rebella
alii falsorum proditorum rebellatorum pre dict' die Decembris anno Regni d'ee d'ne Regine nunc undecimo pro proditionibus illis extra hoc regnum Angl' regnum Scotie fu gier recessero etib'm per quosdam proceres
surum etiam idem Jur ulterius super borealibus locu' tenen' suum generalem cun sacr'm suum pred'c'm presentant dicunt potenti forti exercitu armatorum hominum quod cum Thomas Comes Northumbro nuper apertam publicam guerram proclamavit
tea postea apud Charterhouse pred'cam Com'Midd' predict' diversas literas diversa signa pignora vocat' Toakens falso subdole
proditorie recepit h'uit licet prefat Dux
tunc antea per prefat d'nam Elizabeth Regi nam super debit'legianc' sue spialit' probibi
tus vetitus fuit quod nullo modo intromittet
sive tractaret maritagio cu' prefato Maria ley, D'num Harris, D'nun IIume, D'num nuper Scotorum Regina faciend' licet etiam Buclughe D'num Fermhurste, alios prefatus Dux per diversas litteras instrument' Scotos Subditos d'ci Regni Scotie existen' manu propria ip'ius Ducis script per pre recept auxiliati confortati fuer,ac eadem fat ducem d'ce d'ne Elizabeth Regine supre d'na Regina Elizabeth' detent versus me d'ne sue missa exhibit preantea prefat' quos proceres magnates pred'cos d'ci Regni maritagium penitus recusasset renuntiasset Scotie eadem d'na Elizabeth Regina postea protestans affirmans eodem maritagio pro eadem causa per prenobilem Thoman Co nunquam intromissurum sive aliqualit' proces miten Sussex eiusdem d'ne Regine partibus
Topclif Com'Ebor Anna uxor ejus, Carolus Comes Westmerl' nuper Branspeth
ger, Thomas Markenfeild nuper Marken Norton Thomas Markenfielde predicto
feld dict Com' Ebor armiger, simul cum Regno Scotie usque Antverpia partibus Bra
Comitatu Dunelm', Richardus Norton nu
per Norton Conyers Comit' Ebor'armi dicti Thome Comitis Northumbro Richardus
aliis falsis proditoribus rebellatoribus ini bantie fugier recesser transferaver”, ib micis publicis d'ce d'ne Regine Elizabeth' dem Carolus Comes Westmerl'Anna uxor dicti Deum pre oculis suis non habentes nec Thome Comitis Northumbro Richardus Norton debitum legiantiar suarum ponderant'sed In
stigatione diabolica seduct machinantes devi santes conspirantes d'cam d'nam Reginam
Elizabeth regali Statu titulo potestate Regni sui Angl' dejicere dishereditare, nec
Thomas Markenfeilde contra legiantiarum suarum, debit' morabant manifestum con tempt d'ce domine Regine nunc legum sua rum, Pred'custamen Thomas Dux Norf'k pre missorum non ignarus sed omnia singula
non eand'm d'nam Reginam mortem nalem destructionem adducere
forma pred'oa bene perfecte intelligens
ponere intentione illas proditiones conspi
sciens die Angust' anno regni d'ee d'ne Eli zabeth Regine duodecimo supradicto apud
Charterhouse pred'cam Com'Midd predict' vembris anno Regni d'ce d'ne Regino nunc un tea pred'eo Carolo Comiti Westmerl'ac pre
rationes imaginationes suas perimplerent
effectum redigerent decimo sexto die No ac diversis aliis diebus vicibus antea pos
magnates dicti regni Scotie scil't per Jaco bum Ducem Chastle Roy, Comitem IIunt
vavit fecit, tanquam versus hostes inimicos suos regni Anglie, rac'one cujus guerre
prefat Carolus Comes Westmerl' Anna uxor
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1039] STATE TRIALS, 14 Eliz. 1571. –Trial of Duke Norfolk, [ 1040
fat'Anne uxor predicti Thome Comitis Nor Regnu' suu'Anglie levare suscipere manu thumbro diversas pecuniarum summas pro aux tenere eteandem Mariam nuper Scotorum Re ilio adiument relevamine conforta'cone sup ginam extra custod' possessionem eiusdem portatione suis mitti delib'rar'et distribui falso d'ne n're Elizabeth Regine Anglie eripere
proditorie procuravit causavit, insuper liberare predictam illustrissimam Chris quod idem Thomas Dux Norf'k die Julii tianissimam d'nam n'ram Elizabeth Reginam
anno regni d'ne n're Elizabeth Regine Angl'
tertiodecimo apud Charterhouse pred'cam
Com'Midd' predict' diversis aliis diebus
vicibus antea postea eisdem prefat Jacobo non se eundem Thomam Ducem Norf'k in
duci Chastle Roy, Comiti Huntley, D'no Harris, D'no Hume, D'no Buclughe,
matrimonio cum prefat' Maria per Scotorum Regina conjungere copulare.
D'no Fermhurst, inimicis publicis dicte d'ne
Elizabeth' nunc Regine Angl' tunc existen'
falso proditorie fuit adherens confortans
auxilians: ulterius Jur' predicti per sacr'm
suu' predictum presentant dicunt quod cum
Pius quintus modo Ep'us Romanus est ex
istitet ad'm fuit notabilis capit'lis publicus, "dem l'rarum prefat'Ducem Alva, alteran
prefat' Ep'm Romanum, actertiam prefat' hujus Regni Anglie, Quod idem prefat' Tho Phillippu IIispaniarum Regem transferend'
inimicus d'ce d'ne n’re Regine Elizabeth'
mas Dux Norf'k hoc bene sciens
decimo die Martii anno regni eiusdem d'ne Eli postea ip'e id'm Thomas Dux Norf'lk falso zabeth'Regine tertiodecimo apud Charterhouse proditorie intendens volens a'io suo conside pred'cam Com' Midd predict'ac diversis rans successionem effectum complemen'
aliis diebus vicibus antea poste inten'- redictis falsis proditoriis nunciis per prefat'
regali statu titulo potestate preheminentia
regimine hujus regni sui Anglie penitus de privare deponere deiicere exhereditare, nec
ulterius Jur' pred'ci super sac'In suu' pred'cm dicunt presentant quod cum prefat' Robartus Ridolphie tres seperales l'r's credenti ales noie prefat'Thome Ducis Norf'k proipo Robarto Ridolphie suis falsis nequissimis proditoriis nuntiis pred'ois videl't unam earun
intelligens transportand' composuisset scripsisset quod
Ridolphie prefertur quen cone prodic'ones pred'cas effectum pro missis
duceret falso subdole proditorie consentit dam Will'm Barker generosum servientem ip advisavit procuravit quendam Robartum Ri sius Thome Ducis Norf'k die Martii anno
dolphie mercatorem alienig'num extra hoc reg
regni d'ce d'ne Regine nune tertiodecimo su pradicto apud Charterhouse pred'cam Co
mitat' Midd' predit falso subdole proditorie
Guerrau Despes ambassatoren dicti Phil
num Anglie mitti nec non Philippu
prefat' Ep'n Romanu' Regem Hispaniarum
obtinend' ip'o prefat'
Ep'o Romano quasd'm pecuniaru'summas in lippi Hispaniarum Regis misit declarand'
Ducem Alva
ponend'exponend' circa provisionein main ostendend' affirmand' predicto ambassatori tentionem exercitus millitu ac hominu' arma predicti Phillippi Hispania un Regis quod ip'e
torum ad intrand' invadend' hoc regnum An idem Thomas Dux Norfolk affirmabat
glie guerram levand' suscipiend' mainte mare vellet predictas l'ras credentiales nend' eodem regno contra ip'am D'mam fat' Ducem Alva Romanu' Ep'm
affir pre Philip' script'
n'ram Elizabeth reginam: Ac quod idem Rex
Hispaniarum per meditationem dicti Ducis
Alva mitteret hoc regnum Anglie quendam
exercitun armatorum hominu' militu' ad
hoc regnu' Anglie invadend' guerram
publicam acerrimam contra d'oam d'nam
Reginam Elizabeth levand' suscipiend'
maintenend': etiam quod idem Thomas Regine Anglie tertiodecimo supradicto apud
Dux Norf'k eodem die Martii anno regni dicte d'ne Elizabeth Regine tertiodecimo su pradict'ac diversis aliis diebus vicibus antea
Doaver Com'Can' extra hoc regnum Anglie usque partes ext'as transmarinas iter suu' arripuitad preficiend' perimpen exe
quend' dict proditoria nuncia per consensum agreament prefat Thome Ducis Norf poste
postea apud Charterhouse pred'cam Coin'
Midd predict' falso nequiter proditorie con
spiravit consentit agreavit cum prefat' Rob'- aque pred'cus Ridolphie eadem nequissima
Ridolphie suscitare movere excitare proditoria nuncia sua partibus ext’is trans infra hoc Regnum Anglie totam vin poten marinis tam presat Duci Alva quan preiat' tian quasip'e pred'cus Thomas Dux Norf'ket Ep'o Romano narravit retulit declaravit confederati sui aliquo modo valerent sive potu communicavit. quod pred'eus Robartus issent facere vel excitare infra hoc regnum An Ridolpbie post pred'cm exit recessione glie conveniend' cum prefat exercit' arma suu' extra boc regnu' Anglie, post eadem
torum hominu' per dictu' Regem IIispaniarum falsa suissima
Dux Norf
quos idem
l'ram inconsuetis
-
exercitu ar aliis subditis
proditoria nuntia sua pred Alva narrat declarat
prefert' mitend',
matorum hominu'
hujus Regni Anglie
conparere procurare potutsset con ungere glic dict Ciphers
cum dicto exercita per dom' Regem Hispania Norf'k scribi fecit
ru' prefert mittend' guerra publicam con l'ram sicut prefert script missam ip'e idem tra dictam d'nam Elizabeth Itegina minira hoc Thomas Dux Nori'k svij die Aprilis anno regni
cum eodem cum talibus
prefat
Duci
IIispaniaru' regem no'ie suo compo't
adeo valent firmiter prout ipsemet idem Thomas Dux Norfolk easdem manu sua pro pria subscripsisset: insuperiidem Jur'super sacr'm suu' predictum presentant dicunt quod predictus Robartus Ridolphie xxvi die Martii anno regni d'oe d'ne Elizabeth' nunc
fact' una alienis
suam quibusdam subdolis characteribus notis An
prefat Thomam Ducem misit. Quam quidem
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1041] STATE TRIALS, 14 Eliz. 1571. —for High Treason. ' [1042
d'ce d'ne Elizabeth' Regine xij supradict' apud prefat' Georgio Comite Salop preclari ordinis Charterhouse pred'cam in Com' Midd' predict' Garterii milite et hac vice Anglie Senescallo falso et proditorie recepit et h'uit et eand'im apud Westmonaster' in magna aula pl'itorum adtunc et ib'in prefat' Wili'mo Barker servienti ib'm ven' predict' Thomas Dux Norf'sub cus suo in 1'ras cognitas et comm's reducend' et tod' prefati Owini Hopton Milit' locum tenen' decipherand' Anglic' dict' **To be deciphered"
lib'avit et dedit, et eand'im l'ram in co'es cog nitas litteras reduct' et decipberatam Anglic' dict' ** deciphered" ip'e id'im Dux postea xxv
die Aprilis anno regni dicte d'ne Elizabet' nunc
tertiodecimo supradicto apud Charterhouse
pred'cam in dicto Com' Midd' falso et prodi superius seperatim impo'it alloquut' qualiter se torie recepit inspexit et perlexit et penes se velit inde acquietari, dicit quod ipse in nuilo adtunc et ib'm falso et proditorie retinuit et est inde culpabil' et inde de bono et malo pon' servavit, per quam quidem l'ram predictus Ro se super pares suos, xc.
bartus Ridolphie eidem Thome Duci Norf'k Super quo predicti Reginald' Comes Rand' inter alia significavit eumque certiorum fecit de Will'mus Comes Wigorn' ac ceteri antedicti benigna audientia sua quam ip'e id'm Robartus Comites et Barones, pred'ci Thome I)ucis h'uit apud prefat' Ducem de Alva in nequissi Norf'k pares instant' super corum fidelitatibus mis et proditoriis nuntiis suprad'cis : Et quod et legianciis dicte d'ne Regine debit' pcr pre id'm Düx de Alva requisivit et voluit amicös et fatum Senescalium Anglie inferiore pare fautores confederationis et p'poit predict' pa usque suprema' par'm illorum seperatiim ratos esse quandocunque potentia per dictum publice examinat' quilib't coruin seperatium dic' Hispaniarum regem mittend' infra hoc Rcgnu.
Anglie applicaret: Et preterea iid'm Jur' super
sacr'm suu' pred'cu' presentant et dicunt quod
mano episcopo unam l'ram eidem Duci dir'cam falso et proditorie recepit per quam id'm Epis
copus Romanus promisit eidem Thome l)uci Ducein Norf'k judicium executionem super
Norf'k auxiliu' et supplementum pro adiuva
mine predicto Marie nuper Scotorum Regine,
ac pro et ad nequissima et proditoria propo'it'
et intentiones predict' exequend' et perficiend'
contra legiancie sue debitum ac contra pacem fat' Locumtenen' usque dict' Tvrriim ! . ondon' dicte d'ne Elizabeth' nunc Regine Anglie coro deinde per mediu' Civitat' London' usque nam et dignitat' suas et in legum hujus l{egni furcas deTiborne trahatur ib'm suspendat Anglie contempt' manifestum. Nec non in vivens terram prosternat' interiora sua pessimu' et pernitiosissimu' exemplum omniu' extra ventrem suu' capiant' p'oq' vivente coin
aliorum in tali casu delinquen' ac contra for burent',
marn diversorum Statut' in hujusmodi casu edi pus ejus ` tor' et provisor' &c. caput
caput ejus amputetur quodque cor quatuor partes dividat', quod quarteria illa ponantur ubi dona Re
Et mmodo scil' d'co instantis die Martii, viz. gjna assignare voluerit, &c. xvj die Januarii anno xiij supradicto coram
d'ne Regine dicte Turris London' in cujus custod' preantea ex causa predicta & allis certis de causis commissus fuit ad barram hic ducu'
in propr' persona sua, qui committit' prefato locumtenenti, &c. Et statim de omnibus et singulis sep'alibus proditionibus, pred'cis sibi
quod predictu- Thomas Dux Norf'k sepera libus p'ditio'b's predictis sibi separatiin dic' quod predictis sibi seperatim forma predicta superius impo'it est inde culpabii' modo
pred'cus Thomas Dux Norf'k xvi die Junii
anno regni d'ce d'ne Flizabeth' Regine nunc forma prout per seperales indictament' predict' xiii supradict' apud Chartcrhouse predict' in superius suppo', &c.
Com' Midd' predict' a prefat' Pio quinto Ro
Super quo instanter Servicn' d'ne Regine legem, icsius d'me Regine Attorn' justo debit. ' legis formam petunt versus eundem Thomam
inde pro d'ca d'na Regina h'end' &c.
super hoc vis' per Cur' hic inteilect'
omnibus singulis premissis Con' est quod predictus Thomas Dux Nos f'k ducat' per pre
57. The Trial of Mr. Robent Hic FoRD, (Servant the Duke - Norfolk), the Queen's-Bench, for High Treason EL1z.
whereunto of his voice
Hackford.
admonish*i excused lunself
aum here indicted
untouched
V0L.
February
157 [MS. Brit. Mus. 1427. ]
AFTER reading the Indictment, being form answer unto it. This only require
asked Guiity effect;
the Clerk the Crown, Not Guiity ! le answercd
were this higher,
heard declare the truth, far the
being
speak
uhe lowness
preseuce
Iligh-Treason, part
whereof
was never privy
am ready
inatter toucheth honours, and the
bring conscience
hurt, ever conceived
queen's majesty's person
riever meant any such thing the sane my know the law hath not intent
God, that
with any intent ne agaimst the
my country
m* heart the conscience,
divers deny,
points
for that fact, such
declare
not iearned the law. now not winat facts: the law canuot accept miy intent
confess, and intent men but judge only the have already confessed am mind, according the appeariiig outward
here protest before your
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1043] STATE TRIALS, 14 Eliz. 1971–Trial of Robert Hickford, [1044
my purgation. Therefore I shall declare the fess myself Guilty, which concerneth the deci truth of my doing, and upon that further open phering the letters my lord's procurement unto you at large my dealing in the matters and commandment; after which time never contained in the Indictment. First, For the dealt it.
matter of moving of Sedition, I did nover Sonthcote. You were best plead Not know that any such thing, was meant by my Guilty the whole Indictment; and for such
lord, or any other; and whatsoever was by matters and parts the Indictment you can him, or any other intended, I was not privy clear yourself, the Jury may find you Not unto do confess indeed, that the Arti Guilty, and find you Guilty for the rest.
cles mentioned the Indictment were sent The Lord Chief Justice, and Mr. Attorney my lord, my late master, which his com advised to the same effect.
mandment deciphered, for they were brought Hickford. am Guilty. know under cipher. Then my lord read them, and how merciful queen live; submit myself folded them up, and put them the pocket wholly her majesty's mercy. will not
his hose, and said, The bishop Ross will stand long upon that whereof mine own con
never quiet, and then went supper and from that time never saw that Writing
science condemneth me.
Catlin. Confess you Guilty the whole Indictment
Hickford. Yea.
till was shewed me
the Tower. What
Answer my lord made answered them no,
them, know not.
whether
Attorney. (Mr. Gilbert Gerrard. ) Are you man Guilty adhering and comforting the knowledge and learning, you have been in queen's enemies, and the conveying the
dicted, and are now arraigned according French Packet and Money that was sent re order law; you must follow order, you must lieve the
Catlin. Hickford, you seem
answer the Indictment, confess deny Hickford. confess myself Guilty.
you shall heard after say your mind. Soj. Then, after some pause, Mr. Serjeant You must plead unto Guilty not Guilty. Barham spake this effect: Forasmuch
High respect man's intent, but judgeth according Treason, and, among other things, that hath his fact. contess saw these Articles and adhered and comforted the queen's enemies,
Hickford. confess the law hath not Robert Hickford hath been indicted
deciphered them, shewed them my lord; and the same Indictment hath been read unto
revoked them not, duty ought him, and hath confessed the treasons; have done, and therefore think myself Guilty. am pray your lordships the queen's ma Catlin. The Indictment containeth divers jesty's behalf, that his Confession may en
clauses Treason, therefore answer, you
guilty, any special matters contained the Indictment, that you will coufess yourself
Guilty the whole.
Hickford. may not confess myself that
whereof my conscience doth not accuse me,
some parts am not privy the first point, concerning stirring Sedition, not know
tered, and Judgment given for the queen against him, according the law.
now declare what
Attorney. There are two points the In dictment that concern yourself; the dealing the matter about Rodolph's Voyage, and the Instruction for the same and the adhering
that ever any such thing was meant my and comforting the queen's enemies: are
lord. What intention
own conscience knoweth
matter Rodolph's going
Spain, the pope, and the duke Alva, and the Instructions that voyage contained
the thing, that my lord's commandinent deciphered answer, have before said,
that never knew any proceeding, nor dealt therein afterwards; and my lord, when
read deciphered, answered
fore, The bishop Ross will never thought had burnt that Paper,
that liked not but what did with
the matter afterward, cannot tell. roundly
Catlin. You must answer more
and directly the matter; for these circum
stances and points, you shall heard after
ward. the mean time answer plainly, you Guilly not Guilty.
said, conscience meaning hurt my country. And the presence and witness you howbeit the law accepteth not, nor judgeth secret intents, for might
every unan clear himself.
Catsin. Hickford, thou hast heard the In
had, God and his As touching the
you not Guilty these
Hickford. am Guilty.
Catlin. you will yet wave and forsake
your confession, we are content admit you so, and you may yet plead Not Guilty,
and you shall have your Trial.
Hickford. No, will submit me wholly
her majesty's mercy know under how mer
over the king
Hickford. May points am not Guilty
ciful prince live, though my deserts far said be unworthy, my master's means and procure
quiet. thing
ment. know bring, untouched with any intent
her majesty's person, this say before God and
dictment read, where the oaths Jury Southcote. Mr. Southcote spake the same thou art found and presented guilty divers
effect, and told him, That pleaded Not Guilty, these his Declaratious should heard
High-Treasons: thou hast been arraigned there
of, and confessed thyself guilty, and submitted
large upon the evidence.
Hickford. To part the indictment con majesty's Serjeant hath, her behall, required
thyself her majesty's mercy. The queen's
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1045] STATE TRIALS, 14 Eliz. 1571–for High Treason. [1046
Judgment
given against thee, according to the order of
. . . i.
to be given against thee, and that thou hear
thy Judgment. A few words for good admo nition shall serve: Thou art a gentleman, wise, and well learned, I would to God there had
been in thee as much loyalty and truth, as there is learning, and other good qualities and gifts of
God, then hadst thou not fallen into this great fault and misery. But there have been evil en ticers, evil school-masters, evil seedsmen, as
one called them here last day; they have brought thee from truth and good estate, to untruth, treason, and wretchedness; where before thou
and others were of good name and faine, they
have brought you to infamy; of loyal, good, and
true subjects, they brought you to the name
and state of disloyal traitors: A great blot to
be a Traitor, and the greatest infamy that can
be. It is the chiefest point of the duty of every
natural and reasonable man, which by the gift ter! that such Treasons should be, and
of reason differeth from a beast, to know his ripe this realm common slander this prince and head, to be true to his head and realm England, the Treasons England are prince. All the members are bound to obey every where talked among strange nations the head; every man is bound to repair life, to For proof they refer our histories lay out and expend goods, lands, and posses Ed. Ric. Ed. and prove the oft sions, to forsake father, mother, kindred, wife, practices this realm murder and depose and children, in respect of preserving the our princes, the great infamy and slander prince; for in defending the prince, they pre our country. The very regard our country's serve father, mother, kindred, wife, children, fame, that this great slander treason should
Confession to be
entered,
and
to be
good
good seed; but there came the enemy,
the laws; so nothing
but
Judgment
seedsman,
darnel,
their articles law, which they are bound, them law will them. they will transgress these, and fall treason, and procure to father, mother, friends, kindred, children, the danger princes, them feel law will.
great heap of matter concerning the duty of the subject to the prince. All the duties, said hc,
yea to a man's wife, that is his own flesh, are all inferior to the duty that a subject oweth to his prince, for this duty comprehendeth them all. In respect of duty to the prince, and preserving the prince, neither wife, parent,
can shew you precedent and history for
nor other are to be regarded, they must
stand behind. any case, any respect ambassador: this M. Marveilles, the French
shall allure man from loyalty and truth his prince, they must forsaken, they must come behind; must said, Wade post me, Satana. We must first look unto God the high prince princes, and then the queen's
king's ambassador, conspired Treason against the state and the duke Milan; the duke un derstood caused him arraigned after the order their law, and being found guilty,
beheaded him: and this jure gentium was law majesty the second prince, and God's deputy, fully done. May Messengers conspire Treason
and our sovereign prince earth. those few words comprehended much matter,
satisfied the hearers for their duty the queen's majesty. You are wise and learned was, and for knowledge duty and understanding
the gospel, Bonus seminator seminavit that follow such heinous Treasons, that bring semen bonum; but supervenit inimicus forth the fruit such seeds such wicked
much bound God he; but the evil
seedsmen, the evil inticers and seducers have
wrought evil effect you both, the great good
seedsman hath sowed you good gifts, learning,
knowledge, and good quality, serve him, your eth of? No; but the black Trump Shame shall prince and your country withal, said blow out their infamy for ever. Again, these
seminavit zizania: the
seedsman sowed
the evil
cockle,
seedsmen have been England; they had sown the right seed for their own use, the seed
hemp, and felt they had received ac cording their deserving. God hath sown you good gifts and qualities, meet have served any prince Christendom but super venit inimicus, the devil and his ministers, wicked seedsmen, sowed you darnel and cockle, treason and disloyalty; they have made you forget your duty your natural prince and country. these had been handled
and noisome
and he sowed
weeds. Such wicked
they have deserved, they should long ago have had their own due seed, hemp bestowed upon them, meet seed for such seedsmen; such mischievous seedsmen they be, that corrupt men, otherwise well inducq, that sow treason
abundantly this realm. strange mat
and all. It was well and wisely spoken here
the last day, by one that stood at the bar, that
was learned and as wise as you are, upon his
confessing of himself guilty of Treason against
his prince; I would he had had as much truth for any May embassadors such seedsmen and loyalty, as he had of learning and under Be these the parts embassadors They have standing, in few words, he comprehended a
not your fault have been renewed and in crească against us, nothing else would,
should have staid you from foul dealing treason. But this sowing treason lawfu
within memory, about 38 years ago, about
the 25th Hen. was done the duke Mi
lan. The French king, that then was, Francis,
grand-father the French king that now sent one M. de Marveilles the duke of Milan as his
against princes whom they sent? Treason
princes not their message, lawful
cause their sending their own heads they presume they must law touched
and taught keep them within their duties. As for them that seek fame Treason, and by procuring the destruction princes, where shall sound that fame? Shall the golden Trump
Fame and good Report, that Chaucer speak
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10:7) STATE TRIALs, 14 Eliz. 1971–Trial of Robert Hickord. [1048
seedsmen have sown, are in foul fault, and Now proceeding further Letters between
justly to be condemned, and worthy extremely
to feel For that you are mistry, inen
may have pity and compassion your misery,
and forbear grieve you with due chearsal, fool, thou understandest not the matter. an else me might aggravate your offence, with swered, presumed say this unto you, upon setting out the particulars length, and your assurance that you would not offended,
they should have fallen out, you had stood and that maketh me ask, why you continue Trial but you have confessed and yield this dealing with the Scotish queen? He an yourself guilty, and submitted yourself swered me again, Thou art fool, thou seest the queen's majesty's mercy. Therefore will not my case; hold wolf the ears, can
leave aggravate your faults, and will proceed, neither let without danger, nor holdout the order law requireth, Judgment. peril. Unhappy man was when was first
pray God give you grace make good committed; for could then have corne
end. need not give you long exhortation,
am doctor divinity; you are learned your self, your knowledge great would your loy
alty and truth had been great. But because
the speech the prince, would have laid her feet, and trust should have found grace have obtained favour: But now, on the one side, am entered into my prince's
we are do with law, we must follow the high displeasure; the other side
order law, one must speak for all, and should pull the Scotish queen, and her for the rest, shall proceed judgment.
friends upon me, and make them mine enemies, Then my Lord Chief Justice pronounced the then were worse case than ever was. If
Judgment usual Treason, concluding could once recover my prince's favour, then these words; “God merciful unto you, and would soon shake off all dealing with the
truly said, that the duty prince, much greater overh his master,
had much favour fe-s have ne: lected that duty my prince, and liberty, that his men had recourse unto
howbeit did my lord, my late master's procurement and commandment, and for good
intent, my master bare me hand and persuaded me, whereof pray your lordships
may declare the truth. When first my lord made choice of me to wait on him the
Tower, would God had rather made
any other, within short time re Letter from the Scotish queen Ci
He made me privy and willed me acquaint myself with that Cipher, for the
deciphering the like hereafter. At that first time said little unto within three weeks after there came another Letter him from the
him freely into the Tower: whereupon we conceived hope his short delivery, but fell
contrary, and continued till Midsummer. Then was he advised to make submission to
the queen's majesty, and promised that
would submit himself, and renounce all deal ing with the Scotish queen, there was hope that the queen's majesty would receive him
grace. Whereupon wrote Submission. sent was delivered, and, we heard,
was very well liked Within fortnight after had the liberty the Tower, and com fortable Letters came. looked and had hope that should have been delivered presently
choice ceived pher.
subjects the
duty than man any other; yea,
mean time contented
decipher the Letters they passed between
from time time, those that bare him into the world. con them. Shortly after
Scotish queen, and then began mislike the
matter. Then my lord walking the leads,
(having much liberty granted him) Henry
Nevil and Mr. Lieutenant being present upon pertinent, when yet proceeded further, and
the lead, and departing little aside, iny lord
called me him, and after other matters en
tered into talk the Scotish queen. said
unto him, would ask question you, doing. My lord was not then delivered might without offending you. He asked me shortly after happened, that occasion what? said would show him, that sickness, and being sick the plague the would not offended, for otherwise durst Tower, my lord was removed his own house not. After he had assured me he would not be
offended. said unto him, My lord, marvel much your doings; you are here, you know, committed upon high displeasure the queen's majesty, for dealing with the Scotish queen without the queen's majesty's consent.
the Charter-house; then we had great hope that we should shortly received into her ma
you, the contrivance this dealing must much aggravate her hişiness's displeasure against
you. He answered me, Tush fool, thou art
give you grace make good end.
Then Hickford answered this effect humbly thank your lordship for your good admo nition; know and confess, that ought unto the queen's tuajesty much greater and higher duty
than my master. And said your lordships have been wisely spoken, was
Scotish queen. the mean time, till her inn jesty's favour may recovered, am driven
this hardness that you see. answered him again, You are yourself much wiser than am but, my poor opinion, the sooner you rid
yourself this dealing the better. Then be
cause was persuaded that trusted re cover the queen's majesty's favour, was the
came not pass, the cause God knoweth. Here the Lord Chief Justice offered in terrupt and end this course speech im
said:
(a) Behold evident entry into resolu
tion leave the queen, and seek the Scot and friends,
Hickford. beseech you, my lord, me use few words, declare the course my
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1049] STATE TRIALS, 24 Eliz. 1581–Arraignment of Edmund campion. [1050
jesty's favour, and come to the court again, have taken other course; but you had higher
and so continued till the Cipher came from the bishop of Ross, before wheh time and since I was never privy to that matter. The cause why I was never afterward made privy, was this ; My lord being at home at his house at Charter-house, I told him, I liked not his do ing, it would not have good end.
Att. Why did you then still follow * Why left you him not *
Hickford. He answered me, Thou art a fool, thu understandest not.
hope, to have seen your master in higher state to advance you ; you had more respect to your master than to your mistress. But this is no thing to the matter.
So his purposed longer Speech was -cut off, and then he said shortly thus:
Hickford. I humbly thank your lordship again for your good admonition; and as your lordship hath rehearsed the History of the French embassador to the duke of Milan, so I
would and pray God, that he that bath brought Catlin. He told you truth, that you were my lord to this, may have the like success. I
a fool, for you played the fool indeed. humbly submit myself to the queen's majesty's Hickford, I would then have gone from mercy. I know I have lived under a most him, and I sought to depart ; he would never gracious and merciful queen. I wish God long
give me leave, as Mr. Bannister well know to preserve her majesty, and this little time
eth.
-
that I have left I will spend in prayer for her Jatlin. Why? he was not your prince, you preservation; and I beseech God have mercy
were not so bound that he could compel you upon me.
to tarry with him. * Whereunto the Court, and that were
Hickford. Otherwise I dealt not with th present, said, Amen; and some said secretly, bishop of Ross. had then shewed himself wiser man than Catlin. In following him, the hurt was his master. And the lieutenant was com
yours; if you had been a good subject, and had manded avoid the prisoner. —God save
regard of your duty, you might and should Queen Elizabeth.
-
58. The Arraignment CoTTAM, Joh Nso
EDMUND CAM proN, SHERWIN, Bosc RAyr, BR1stow, RBIE, and ORTox, for High
Treason 24 ELIz.
Bib. Cott. 1014. Phoenix Britannicus, 481. ]
1581.
Now first published. [MS.
THE 12th November, 1581, the King's* shall tried, and therefore you must now
bench, Westminster, the parties abovenanied spare speech and reserve till then,
were indicted High Treason, namely, that which time you shall have full liberty de they the days the last March and April fence, and me sit indifferent between her anno 22d Eliz. Rheimes Champaign, majesty and yourself, wherefore now the In Rome, and other places beyond the seas, had dictment whether you Guilty Not. conspired the death the queen's majesty, the Then they were arraigned, severally and se overthrow the religion now professed verally; every one pleaded Not Guilty. The England, the subversion the state, and that 20th Nov. next following, the said persons for the attempt thereof they had stirred were led the bar for their Trial, the Jury strangers invade this realm; moreover that was demanded, which presently appeared. the 8th May next following, they took their The Clerk the Crown read the Indictment,
journey from Rheimes towards England per and declared the charge the jurors was, That suade and seduce the queen's subjects the they found the paties here indicted Guilty Romish religion. obedience the Pope, from the treasons, have fled for any them, their duties and allegiance her highness, and they should then enquire what lands, tene that the 1st June they arrived this coun ments, goods, and chattels, they had the try for the self-same purpose.
Whereupon the parties mentioned were brought from the Tower the bar hear
this Indictment which was read unto them. Campion. protest before God and his an gels, heaven and earth, and before this tri
-time the treasons committed any time since, and they found them Not Guilty, then
bunal, which pray God may mirror
the judgment come, that am Not Guilty could have wished likewise that for the pre
these reasons contained the Indictment, vention any other whatsoever; and prove verally
these things against me merely impossible. rying
Lord Chief Justice, (sir Christopher Wray. ) nearly unto our lives, each one might
The time not yet come wherein you have had one day for his trial. For albeit
Sic MIS.
acknowledge the Jurors wise men and much experienced such causcs, yet the
say so, and more.
Campion. My lord, for much our sur
mised oftences are severally, that the one not tainted with the crime the other, the offence one not being the offence all,
confusion, we might also have been se licted, and that our Accusations car
eat importance, and tending
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1051) STATE TRIALS, 24 Eliz. 1581. -Arraignment of Edmund Campion, [1052
Evidence being given or rather handicti' at her, favourable his mercy towards us, that once, must needs breed a confusion in the Jury, neither they thereby have been bettered, nor and perhaps such a misprusion of matters, as her estate impaired, nor our quiet diminished,
they may take the Evidence against one to be for who knoweth not the rebellions and up against all, and consequently the crime of the roars the North, who remembereth not the one for the crime of the other, and finally the tragical pageant Storie, who still seeth not guilty to be saved, and the guiltless to be con the traitcrous practices Felton Prevailed demned; wherefore, I would it had pleased they against her, was not their strength van
your lordship that the Indictment had been quished, were not their policies frustrated, did several, and that we might have had several not God detect them and protect her her
days of trial *.
Hudson. It scemeth well Campion that -you
safety and their perdition The matter fresh reunembrance. Their quarters are yet scarce consumed; they were discovered, they werc
have had your counsel.
Campion. No counsci but a pure con convicted, they suffered, we saw you
science. ask from whence these Treasons and seditious
Lord Chief Justice. Although if many be Conspiracies had their first offspring, ask indicted at once, the Indictment in respect of from whence they could have but from the them containing their names well itself the pope For we inspect the Nor yet itself being framed against several per thern seditions, was that was not only sons cannot but several the trial, the encouragement, but also being put flight whereof evidence shall particularly given was their refuge. we mean Storie, was against every one, and the matters objected that was the sworn liege and lord per every one shall have his particular answer, jured subject; we look Felton,
that the jury shall have things orderly; not was that excommunicated the queen and the withstanding would have wished also, that commoualty that did her obedience. Finally, every one should have had his several day we recount all the Treasons and Rebellions
assigned him, had the time permitted, but that have been conspired since the first hour since cannot be otherwise we must take generation, was and principally he,
as is. that suborned them. What, then, are we Whereupon the queen's counsel Mr. Ander think these latest and present conspiracies
son, Mr. Popham (Attorney General) and Mr. have been done either unwitting unwilling Egerton (Solicitor General) prepared give the pope Shall we deny either Campion
Evidence, and first Mr. Anderson spake effect followeth
Anderson. With how good and gracious prince the Almighty hath blessed this land, continuing the space years, the peace, the tranquility, mercies and abundant supplies, but especially the light and success the gospel, where with since her majesty's first reign this realin hath flourished above other, most evidently doth manifest; the which, not withstanding they ought have stirred
into most dutiful allection and zealous love unto her crown, for whose sake and whose means, next under God, we enjoy these pros perities; yet hath there not from time time, been wanting amongst mischievous and evil disposed enemies her felicity, which either
insolent and open denouncing war
secret and privy practices sinister devices, have ambitiously and most disloyally attempted
spoil her her right, and these bless ings yet such hath been God's incomparable puissance against them, tender his care over
This objection secins not altogether
groundless. and are tried together for fe
lony, witness swears that confessed him
his companions without the pope's assent consent have conspired these matters beyond the seas themselves? Why? had they en tertainment his hands Did he bestow no
thing upon them for their maintenance was there no cause which either he should do for
them they for him, they papists, pope they flying their country, receiving them they Jesuits, their founder; supreme head, they sworn members; their chief provost, they his dearest subjects; how can
but was privy, privy nay the author and setter on We see that other treasons have
been squared his platforms, and had
direction this, came the rest from him and
came not this near him impossible. An
enemy the crown, professed scourge
the gospel, envying the tranquillity the one,
impatient the success the other, what would he not do subvert them both He
hath been always like himself, and never liker ought than this, He knew well enough
foreign hostility was convenient. The Span iard would be discovered the Frenchman
would suspected; the Roman not beloved. How then Forsooth, men born and bred
our own nation, perfect our own tongue and
that together with and another, com language, instructed our own Universities
mitted the felony question, the judge summing tells the jury that this evidence
—they and only they must endeavour our overthrow. what order They must come secretly into the realm, they must change their
against but not against danger that the minds
fluenced with regard
See too the case Coke Woodburne,
1721.
yet there jurymen will
great
in habit and names; they must dissemble their
the case
vocations, they must wander unknown—to what end To dissuade the people from their Allegiance their prince, reconcile them. "
to
to it
he :
by
it, A of
v. ofBso
us
to allbe
to
is
so
* to by in
: a it in
hea as it A,up A,
it all
I
of of : be
in B
of to 23
all
B,Ato of be us
of of
at
all
isto toofto
be in
by
a or us
A. ofbe
D. B. in byupainitsoit,
? be
In in
to in he
to he
to ;
in
to
inIt if?
in
no
; ;
oror toto
in it ofif in be
so
or
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a in
a all
: of is 1 he
:
*
he to no
no
he it
of he or of it.
he
he
allsoitto IIf isto
he if he it If it
of
of of
for traiterous and being, reason they
should have the law and the due punishment
ordained for traitors, the which her majesty's
behalf we pray that they may have, and that
the Jury upon our allegation may pass for the Trial.
This Speech, very vehemently pronounced with grave and austere countenance, dismay them all, and made them very impatient and troublesomely affected; for seemed their
hatred with the Jury, and
ter conclude him guilty
duced the queen's subjects from their allegiance
her majesty What can more unlikely We are dead men the world, we only travel led for souls; we touched neither state nor po licy, we had such commission. Where was, then, outr seducing? Nay, but we reconciled them the pope; nay, what reconciliation can there him, since reconciliation
a
1053] STATE TRIALS, Eliz. 1581—and others, High Treason. [1054
to the pope, to plant the Romish Religion, sufficient evidence and substantial wit to supplant both prince and province—by nesses. For, otherwise, had been very un what means ? By saying of Mass, by adminis equally provided that upon the descanting and tering the Sacrament, by hearing Confessions. flourishes affected speeches, man's life When these things were purposed, endea should brought into danger and extremity, voured, and practised them, whether were that, upon the persuasion any orator they guilty these treasons no? not, vehement pleader without witness viva voce then add this, for them they were parties testifying the same, man's offence should
the rebellion the North, they were instru judged reputed mortal. so, see not ments the practices Storie, they were what end Mr. Serjeant's oration tended, ministers execute the Bull sent from Pius see end, see but frustrate, for the Quintus against her majesty. How appeareth
that How should appear better, than
your own Speeches and Examinations. They
highly commended the Rebellion the North;
they greatly rejoiced the constancy Storie; must weighed, but witnesses, oaths, &c. — divers their counsel and conferences was re Whereto, then, appertaineth these objections quired for the Bull. Yea, and which more Treason He barely affirmeth, we flatly and yet sticketh our stomachs, they afforded deny them. But let examine them, how such large commendations Saunders, liking will they urge us? We fled our country, what and extolling his late proceedings Ireland, that The pope gave entertainment, how that cannot be otherwise intended but that then We are Catholics, what that
thereof they also have been partakers. To the purpose We persuaded the people, what conclude, what lenity may we hope for from the followeth We are therefore Traitors. We pope, what fidelity from their hands that have deny the sequel, this more necessary
me you should frame this reason, My parents are thieves, my companions suspected persons, myself evil liver, and laid the mutton”,
distemperature that sounded very criminously only due God? This word soundeth not their Trial, and therefore utterly denying lawyer's usage and therefore wrested
that was alledged, they protested themselves against unaptly. The reconciliation that we
true and faithful subjects; only Campion bare out best, and yet somewhat amazed, and de
endeavoured was only God, and Peter saith reconciliacio Domine; what resteth then
against us? That we were privy the Rebel
Inanded Mr. Anderson, whether an orator accuse them,
give evidence.
came pleader
lion ters
the North, instruments Storie, minis Felton, partakers with Sanders. How forsooth, must presumed. Why? be
Justice. You must have patience with him and the rest likewise; they being
the Queen's Council they speak other intent than duty her majesty and can
cause we commended some, some we rejoiced at, concerning some we gave counsel and con ference. How appeareth that? our own speeches, nothing less. God our witness we nover meant we drearned not. These matters ought proved and not urged, de clared evidence and not surmised fancy, nothwithstanding ought so, yet must all circumstances note for Traitors. Indeed,
yet that laid against us, but bare cir
not but marvel that men your profession should upon any such occasion, much dis tempered, for concerning the matters which
my brother Anderson hath alledged, they but inducements the point itself, and thereto every one shall have his several Answer.
Whereupon, Campion for himself and his
Companions answered unto Mr. Anderson's cumstances, and sufficient arguments
Speech followeth
Campion. The wisdom and providence
prove Traitors, much that we think ourselves very hardly dealt with, that for want proof we must answer circumstances. Well, circumstances other remember, this was
Sic MS.
the laws England, take such proceedeth not the trial any man for life and death shifts probabilities and con
jectural surmiscs, without proof the crime
crime but trifles, the law hath his passage, the theft but halfpenny, witnesses are produced, that probabilities, aggravations, invectives, are not the balance wherein justice
-
without danger, whose departure was
vowed themselves unto him, what trust may than sheep had been stolen, and accuse
|.
abilities, not one amongst all, but note them these odious circumstances
the country repose them that have fled and renounced their country How can their return
Note circuinstances, note pro therefore stole the sheep. Who seeth not but
bring necessary mat
Yea, but we se
man
of : as
in it
of it, is
be ; for as so of a
he
in
24
* or
toit,
it
tobe no | to
I
an it a
to
ofI. . . of or it
in it is
to
in
of by or
asof
be
to as
all
so
by
to
I or
in asto so us
be
all
so
to in
a to if
by
us by is
so in
of
inno it be
to
I no
by all
is of of of
If
of it to ed be
L. in a
it asC. of
to to
all
of of
by ofto ;
of in
to
as
to
all
it so in
in
toin
us to
beIana
be anorbe
tois
us
I to on us it
of
to
to
be it no no
If
I of
is
be be it to
to
to
a
by
by as a beor
is
to is
to be if to be or
is
of
for
1055] STATE TRIALS, 24 Eliz. 1581—Arraignment of Edmund Campion, - [1056
this were all, this was nothing. God's behalf we pray that better used, and that our lives not
naries make two personal Oaths; the one and conditions. Was such liberality the
and Wherefore,
Proof may
brought prejudice conjectures.
Queen's Counsel. the use of all Semi
nary men the first entrance into their Semi some more, some less, according your degrees
into book called Bristow's Motives for the fulfilling matters therein contained the
other unto the pope true him and his successors: the which Oaths, there neither
pope's without cause: No had end; and what end should that be, but by your privy inveigling and persuasions set on foot his devices and treacheries.
but traiterous, for how can man be faithful Campion. We received him according
to our state and swear performance those Motives; true liege his sovereign, and swear
fealty the pope, forasmuch the one quite contrary our laws and government,
the other the most mortal enemy her majesty hath?
the rate thought best bestow We saw neither cause why refuse neither means how come hither pennyless; was his liberality that supplied our need. What would you have We took was that Treason But was end grant had been no end, had been vain; and what end should that be, merely preach the Gos
Campion. What Oaths Seminary men
their first entrance take, whether Bristow's
Motives repugnant our laws no, not pel? treacheries, such end was intended. any thing material our Indictment, for that There was Witness produced named we are neither Seminary men nor sworn our Caddy, Cradocke, who deposed, generally,
entrance any such motives; but were
that any Seminary Men stood here for trial, this matter could prove great Evidence against them, for that none are sworn such Articles Bristow's, but young striplings that
under tuition; whereas unto men riper years and better grounded points Religion
against them all, that being beyond the seas
heard the Holy Vow made between the pope and the English priests, for the restoring and establishing Religion England; for
the which purpose, two hundred priests should come into the realm, the which matter was de clared Ralph Shelley English knight, and captain the pope, and that should con
you do, stubbornly that religion which might any cloak colour such Treasons.
Queen's Counsel. All you jointly and seve rally have received money the pope spend your journeys. Some two hundred crowns,
(as most England are before they pass the
seas) that Oath never administered, and then dict army into England, for the subduing
many study else flourisheth Rome wherein both Seminary men and others are far better employed than they otherwise could read ing English pamphlets.
Kirble. think my conscience there not four Books of these Bristow's Motives all the Seminaries.
the realm unto the pope, and the destroying the Heretics. Whereto Ralph made an swer, that would rather drink poison with Themistocles than see the overthrow of his
country: and added further, that thought
the catholics England would first stand arms against the pope before they would join
Thereupon they
were indicted
under vizard that they should condemned
such enterprize.
Queen's Counsel. The matter flat
-
cried, whereas they Treason they feared lest
the
Holy Vow was made, two hundred priests had Religion, and prove that Campion framed their charge appointed, the Captain General
reason manner following: was mentioned, our destruction purposed. Campion. There was offer made unto us, then, we confer likely heads together, what that we would come the Church hear more apparent than that those two hun dred priests, you made number, and there
Sermons and the Word preached, we should
liberty: Pascall and Ni culpable offences the Church and acceptance
set large, and colls, otherwise we, upon coming
that offer, were received grace and had
their Pardon granted; whereas they had the number, and therefore privy and parties been happy have persevered the the Treason here conclusion without any end, they had been partakers our calamities. affinity the premises; first Holy Vow, Wherefore, liberty were offered con then establishment Religion. What co dition come Church and hear sermons, lour there here left for Treason All the
and that could we not professing our treason rehearsed imputed Ralph Shel Religion, then change our religion and ley; not one syllable thereof was referred become Protestants, that forsooth was that the priests. But granting, and which the wit
that should purchase liberty. that our Religion was cause our Imprisonment and
the consequence our condemnation.
Attorney General. All these matters the
time Nicoll's enlargement were altogether
unknown, and not once suspected neither can we now conjecture that was guilty any
such drift purpose, that stood not,
nesses have not deposed, namely, that we were some these two hundred priests; you see sir Ralph Shelly Catholic, the Pope's captain,
Layman, would rather drink poison than agree such Treason, like that priests, devotaries and dead men the world, would anywise consent unto, that this Deposition more for
fore parties and privy the Treason. Campion. Two hundred priests made
Holy Vow labour for restoring Religion. seemeth, likelihood, that we made
than against us.
a of
or ifinIofoftobeaofatif
of
to so
atif
a
is a
us to
of
in be
is in
2
of is he
it,
it, to
of to to as to asat to
of
is
to
to
of
sir
to in
:
of
be
all ;
up to a
of
of
of all
bein
in of to
us tois
;
to if all So us
be
as
to
of at as
on
to
to
in
of to
itat is so
;
be
to
as be
It is in of he
allof
to to to Itby
he do to or be by toinso in no
all
heofifin a
inbe
at is
be of or
to is
isan be an to
to an to ofor he
:to he to
toa by in ait or
it is is
all
all
of
it us
is ofa
no to an
do
in
an
siran heIto
: atotoupanIf,inof J.
it
to
\
no to
to to of
in : it
of
to
to in
it.
it of
to
an
1057] STATE TRIALS, 24 Eliz. 1581. —and others, for High Treason. [1058
Then was order taken that every man's Evi dence should be particularly read against him self, and every one to have his several answer; and first against Campion.
Queen's Counsel.
never against the queen's majesty, God my nance; and afterwards for the most part
Then the Duke said, “I
my self, but come discharge my conscience,
not excuse
this we
confess, and also godly Religion; therefore look
that your livings and conversations answera ble the Religion Christ that proves you;
that God may prosper the prince, overthrow the pope, and maintain your wealth and quiet
my person, good people,
ness. Let not make
my Speech worse; they that have factions, speak not particularly, but generally, them
and acquit my peers, and not complain
any injustice, for have deserved this, and beware they given over betimes; seek not
Tower-hill, June the 2nd. He died with great courage and magnaniinity amidst vast crowd sorrowful and weeping spectators; for
shaking those that were the scaffold by the hands, and desiring them pray for him;
amongst the rest, the Executioner did on his knees desire forgiveness his death, who did very courteously forgive him, and put into
incredible, says our author, “how dearly
was beloved the populace, whose good-will the hand the Executioner four sovereigns
suitable
great prince. ” silver. This done, the duke kneeling down,
bad gained munificence and affability gold, and eighteen shillings and pence
disobedience his subjects;’
f
be Ito up
of
to I
he
of
he to to to Ito to to I of I to
ofso of a to
of to
. . .
. . .
a
to I
so
by
I
be
by a a
an in I
to
is it
to be
heis of aI
if*
I byto
of to
six he
as of
of of
I
I of to
a
III Ido IofIaasI
it is
sir as
he in be or
aa ofbeIby
by as
sir let he to
to
I he
is by
his is
to
to
to
Iof I I all
do
of in
a Ito
be
I to
to
to it a a be it is,
do I as
of
on in a
to to
it
I if in
I a
all Iin a
in
be to of Iis
1035] STATE TRIALS, 14 ELIz. 1571. –Trial of the Duke of Norfolk, [1036
dicte d'ne Regine erga ipsam d'nam Reginam
gererent jure gerere tenent' penitus sub
trahere delere extinguere intendens vicesimo
secundo die Septembris anno regni d'oae d'ne
n're Elizabeth Regine nunc diversis aliis
commend my spirit. Then arose and ditare veram etiam eand'm d'nam Reginam pulled off his velvet govn, his black satin mortem finalem destructionem adducere
and the dean of Paul's with him, he made his
Prayers to God, and read the 51st Psalm, say
ing on to the last Verse save one, viz. 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 proditorie conspiravit imaginat' fuit circu'ivit late; I ask the world forgiveness, and compassavit d'cam D'nam Reginam supre forgive the world. The Psalm finished, and mam d'nam suam non solum regali statu other prayers; said, manus tuas, Domine, tit'lo potestate regimine Regni sui Anglie commendo spiritum meum, Lord, into thy hands penitus deprivare deponere deicere exhere
doublet, and his velvet might-cap, and gave them the Executioner; and being white fustian waistcoat, said Mr. Dean Paul's, This the white satin doublet made
die which the Preacher did speak of;
and kneeling the block, laid down him
self, and rose again, and laid the straw and
other things such sort, might more
convenient manneryield himself for the speedier
Execution. This done, his eyes and hands
lifted up, Mr. Dean desired the people's silence, and said, Now together, with one voice,
ponere: Ac Seditionem dicto regno Anglie suscitare levare facere etiam stragem
miserabilem inter subdit dicted'ne Regine per totu' Regnu' Anglie gen'are causare, in surrectionem rebellionem versus d'eam d'nam
Reginam supremam naturalem d'nam suam procurare suscitare, guerram publicam
acerrimam infra hoc Regnum suum Angl' con tra ipsam d'nam Reginam suscitare levare habere gubernationem eiusdem Regni
sinceram Dei religionem eodem Regno recte
pie stabilit' pro voluntate liberto suis mu
per universas suas p't' bene institut ordinat' "totaliter subvertere distruere diversos ex
pray for him, saying, Lord Jesus receive thy
soul. The Duke yielding himself the block,
refusing have any handkerchief before his
eyes, his head was one chop cut off, and traneos alienigenos non existent' subdit' shewed the people; and afterwards his dicte d'ne Regine hoc regnum Angl' hosti corpse was put into cofin appertaining
Barkin church, with the head also, and the burial-cloth laid over him, and was carried by four the lieutenant's men, and was buried
the chapel the Tower the Dean St. Paul's.
Here follows the Latin INDIcTMENT.
liter invadend' guerram acerrimam versus eandem D'nam Reginam eodem Regno levand' suscipiend' faciend' incitare procu rare inducere: illa nequissima etne phandissima proditoria imaginationes compas sa'cones inten'cones proposit' sua pred'ca
perficiend' ip'e idem Thomas Norf"k sciens perfect' intelligens Ma
riam nuper Scotorum Reginam clamasse pretendisse tit'lum int'esse presentem pos
sessionem statu' imp'alis Corone hujus Regni Angl Sciensque perfecte intelligens pre dicta Maria nuper Scotorum Regina preantea falsissime nequissime etinjustissime asseverasset
Per
Indictamenta Michael' riij. Elizabeth Regine.
Midd'
aiiij.
“IN QUIsITIo capt' coram d'na
defensoris, &c. quartodecimo per sacr'm Thome beth'nullum jus neque titulum adCoronam hujus
Regina Westmonastero die Jovis proxim post octabis sancti Martini anno Regni d'ne Elizabeth Dei gratia Anglie Frauncie Hibernie Regine fidei
apud
Gresham Militis Thome Chamberlen militis Will'imi Hollis militis Francisci Newdigate
Regina falsissime nequissime injustissime Wrightman armiger Thome Higate armiger' usurpasset stilu titulum Regine nomen hujus
armiger Will'mi Hawtree armiger Will'mi
Regni Angl'h'uit. etiam sciens perfecteque intelligens prefat Maria nuper Scotorun
Johannis Marshe armiger Will'mi Clarcke ar miger'Anthonii Colclothe armiger Edwardi Os borne armiger'JohannisIseham ariniger Robarti
Regni Angl'. ipsa pretat' Maria per Scotorum Regina scripsisset no'iassetseip'am
divers' suis Script Reginam Angl': quod
ip'a ead'm Maria nuper Scotorum Regina ges
Burbage armiger Ric' Bellamy armiger Thome
Norwod armiger Jasper Leake armiger Gai sisset conjungisset arma hujus Regni Angl'
fridi Walkaden armiger'. Qui dicunt supra sa
cum armis Regni Scotie tam Sigillis vasi
bus suis argenteis q'm aliis rebus sine aliquali differens sive distinctione. insuper sciens perfecteque intelligens quod dicta Maria nuper
cr'm suum Thomas Dux Norf'k nuperde Re
mynhall Comitatu Norf'k falsus prodi tor contra illustrissimam christianissimam
Principem d'nam nostran Elizabeth'Dei gra
Scotorum Regina non revocasset nec renun tia Anglie Francie Hibernie Reginam fidei ciasset iniqua injusta clam' usurpacoes
defensorem sup'mam d'nam suam timorem
Dei corde suo non habens nec debit' legi
anc sue ponderans sed instigatione diabolica
seduct' cordialem dilectionem veram debi tea apud Charterhouse pred'cam Com'Midd' tam obedienc quas veri fideles subditi predict' falso subdole proditorie querebat
diebus vicibus antea postea apud Char terhouse Comitatu Midd' falso malitiose
tare alterare necnon statum totius reipublice
atfirmasset prefat d'na n'ra Regina Eliza
sua pred'ca xxiii die Septembris anno regni d'ce d'ne Elizabeth' nunc Regine Anglie
diversis aliis diebus vicibus antea pos
etet
in Et
et ad
inet ad in et etac xi
in
in
oi
so to in,
et
qd
in
et et et ut
by
as
he he to
all
et goaathe
&
et
of
in a
in Ia
&
In
ac in et et et ux
in et
et et
et
xi
et
Et
nuqd ac
et etet et etad
et
ql et
et
et
et
et
et
etac etinetet
et
inacin et
de ac
et
in
to
I
of
is
all
of toto all
all
so
he
et Etetet et
qd
qdEt etetEtetadet
de
to
up
to of I
et
et
at
he
et et
et
1037] STATE TRIALS, 14 Eliz. 1571. – for High Treason. [1033
et conabat sine assensu et agreament pre
decimo ap'd Rippon d'eo Com Ebor contra dictam d'nam Reginam supremam D'mam suami eor co'i propo'ito assensu cum magna
multitudine gentium numerum quatuor mille homin ultra modo guerrino armati arraiat' seip'os illicite falso proditorie insimul congre
Regine supreme d'ne sue seip'm conjungere et in Matrimonio
fat d'ne n're Elizabeth
copulare cum prefat' Maria nuper Scotorum
Regina. Et eisdem de causa et propo'ito ip'e idem Dux pred'co xxiii die Septembris
anno undecimo supradicto et diversis aliis die gaver assemblaver guerram publicam
bus et vicibus antea et postea apud Charter acerrimam versus dictam d'nam Reginam Eli
house pred'cam in Com Midd predict' falso zabeth' supremam d'nam suam apud Rippon
subdole et proditorie scripsit diversas literas ad predictam dicto xvi die Novembris anno unde prefatam Mariam nuper Scotorum Reginam et cimo supradicto falso proditorie paraver or
tam easdem l'ras quam diversa signa et pignora dinaver levaver', De quibus omnibus sin voc' Toakens ad illam prefatam Mariam nuper gulis proditionibus rebellionibus conspirationi
Scotorum Reginam pred'co xxiii. die Septem bus pred' cisdicti Thomas Comes Northumbi
summas: Necnon prefat Maria nuper Sco pred'ca per ip'os factaru' commissarum pre torum Regina pred'co xxiii. Septembris anno dicti Thomas Comes Northumbr Anna uxor
Regni d'oe d'ne Elizabeth Regine undecimo ejus, Carolus Comes Westmerl', Richardus supradict diversis aliis diebus vicibus an Norton Thomas Markenfelde, acquamplures
bris anno undecimo supradicto et diversis aliis
diebus et vicibus antea et postea falso subdole
et proditorie missit. Necmon eodem xxiii. die
Septembris anno Regni d'oe Regine supra torum predict' per debit'legis formam legitime dicto diversis aliis diebus vicibus antea indictat postea superinde legitime utlagat postea apud Charterhouse pred'cam Com' attinct fuer adhuc existunt prout per seperal' Midd' predict'falso subdole proditorie mutuo record'inde Cur' d'ce d'ne Regine nunc co dedit accommodavit tam prefat Marie nu ramip'a Regina remanen pleiieliquet record' per Scotorum Regine quam amicis adheren cumque post perpetrationem commissionem tibus suis plures diversas magnas pecuniarun nequissimarum proditionu'predictarum forma
Anna uxor ejus, Carolus Comes Westmerl'Rich ardus Norton, Thomas Markenfelde cum mul aliis dictorum falsorum proditorum rebella
alii falsorum proditorum rebellatorum pre dict' die Decembris anno Regni d'ee d'ne Regine nunc undecimo pro proditionibus illis extra hoc regnum Angl' regnum Scotie fu gier recessero etib'm per quosdam proceres
surum etiam idem Jur ulterius super borealibus locu' tenen' suum generalem cun sacr'm suum pred'c'm presentant dicunt potenti forti exercitu armatorum hominum quod cum Thomas Comes Northumbro nuper apertam publicam guerram proclamavit
tea postea apud Charterhouse pred'cam Com'Midd' predict' diversas literas diversa signa pignora vocat' Toakens falso subdole
proditorie recepit h'uit licet prefat Dux
tunc antea per prefat d'nam Elizabeth Regi nam super debit'legianc' sue spialit' probibi
tus vetitus fuit quod nullo modo intromittet
sive tractaret maritagio cu' prefato Maria ley, D'num Harris, D'nun IIume, D'num nuper Scotorum Regina faciend' licet etiam Buclughe D'num Fermhurste, alios prefatus Dux per diversas litteras instrument' Scotos Subditos d'ci Regni Scotie existen' manu propria ip'ius Ducis script per pre recept auxiliati confortati fuer,ac eadem fat ducem d'ce d'ne Elizabeth Regine supre d'na Regina Elizabeth' detent versus me d'ne sue missa exhibit preantea prefat' quos proceres magnates pred'cos d'ci Regni maritagium penitus recusasset renuntiasset Scotie eadem d'na Elizabeth Regina postea protestans affirmans eodem maritagio pro eadem causa per prenobilem Thoman Co nunquam intromissurum sive aliqualit' proces miten Sussex eiusdem d'ne Regine partibus
Topclif Com'Ebor Anna uxor ejus, Carolus Comes Westmerl' nuper Branspeth
ger, Thomas Markenfeild nuper Marken Norton Thomas Markenfielde predicto
feld dict Com' Ebor armiger, simul cum Regno Scotie usque Antverpia partibus Bra
Comitatu Dunelm', Richardus Norton nu
per Norton Conyers Comit' Ebor'armi dicti Thome Comitis Northumbro Richardus
aliis falsis proditoribus rebellatoribus ini bantie fugier recesser transferaver”, ib micis publicis d'ce d'ne Regine Elizabeth' dem Carolus Comes Westmerl'Anna uxor dicti Deum pre oculis suis non habentes nec Thome Comitis Northumbro Richardus Norton debitum legiantiar suarum ponderant'sed In
stigatione diabolica seduct machinantes devi santes conspirantes d'cam d'nam Reginam
Elizabeth regali Statu titulo potestate Regni sui Angl' dejicere dishereditare, nec
Thomas Markenfeilde contra legiantiarum suarum, debit' morabant manifestum con tempt d'ce domine Regine nunc legum sua rum, Pred'custamen Thomas Dux Norf'k pre missorum non ignarus sed omnia singula
non eand'm d'nam Reginam mortem nalem destructionem adducere
forma pred'oa bene perfecte intelligens
ponere intentione illas proditiones conspi
sciens die Angust' anno regni d'ee d'ne Eli zabeth Regine duodecimo supradicto apud
Charterhouse pred'cam Com'Midd predict' vembris anno Regni d'ce d'ne Regino nunc un tea pred'eo Carolo Comiti Westmerl'ac pre
rationes imaginationes suas perimplerent
effectum redigerent decimo sexto die No ac diversis aliis diebus vicibus antea pos
magnates dicti regni Scotie scil't per Jaco bum Ducem Chastle Roy, Comitem IIunt
vavit fecit, tanquam versus hostes inimicos suos regni Anglie, rac'one cujus guerre
prefat Carolus Comes Westmerl' Anna uxor
et ad
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1039] STATE TRIALS, 14 Eliz. 1571. –Trial of Duke Norfolk, [ 1040
fat'Anne uxor predicti Thome Comitis Nor Regnu' suu'Anglie levare suscipere manu thumbro diversas pecuniarum summas pro aux tenere eteandem Mariam nuper Scotorum Re ilio adiument relevamine conforta'cone sup ginam extra custod' possessionem eiusdem portatione suis mitti delib'rar'et distribui falso d'ne n're Elizabeth Regine Anglie eripere
proditorie procuravit causavit, insuper liberare predictam illustrissimam Chris quod idem Thomas Dux Norf'k die Julii tianissimam d'nam n'ram Elizabeth Reginam
anno regni d'ne n're Elizabeth Regine Angl'
tertiodecimo apud Charterhouse pred'cam
Com'Midd' predict' diversis aliis diebus
vicibus antea postea eisdem prefat Jacobo non se eundem Thomam Ducem Norf'k in
duci Chastle Roy, Comiti Huntley, D'no Harris, D'no Hume, D'no Buclughe,
matrimonio cum prefat' Maria per Scotorum Regina conjungere copulare.
D'no Fermhurst, inimicis publicis dicte d'ne
Elizabeth' nunc Regine Angl' tunc existen'
falso proditorie fuit adherens confortans
auxilians: ulterius Jur' predicti per sacr'm
suu' predictum presentant dicunt quod cum
Pius quintus modo Ep'us Romanus est ex
istitet ad'm fuit notabilis capit'lis publicus, "dem l'rarum prefat'Ducem Alva, alteran
prefat' Ep'm Romanum, actertiam prefat' hujus Regni Anglie, Quod idem prefat' Tho Phillippu IIispaniarum Regem transferend'
inimicus d'ce d'ne n’re Regine Elizabeth'
mas Dux Norf'k hoc bene sciens
decimo die Martii anno regni eiusdem d'ne Eli postea ip'e id'm Thomas Dux Norf'lk falso zabeth'Regine tertiodecimo apud Charterhouse proditorie intendens volens a'io suo conside pred'cam Com' Midd predict'ac diversis rans successionem effectum complemen'
aliis diebus vicibus antea poste inten'- redictis falsis proditoriis nunciis per prefat'
regali statu titulo potestate preheminentia
regimine hujus regni sui Anglie penitus de privare deponere deiicere exhereditare, nec
ulterius Jur' pred'ci super sac'In suu' pred'cm dicunt presentant quod cum prefat' Robartus Ridolphie tres seperales l'r's credenti ales noie prefat'Thome Ducis Norf'k proipo Robarto Ridolphie suis falsis nequissimis proditoriis nuntiis pred'ois videl't unam earun
intelligens transportand' composuisset scripsisset quod
Ridolphie prefertur quen cone prodic'ones pred'cas effectum pro missis
duceret falso subdole proditorie consentit dam Will'm Barker generosum servientem ip advisavit procuravit quendam Robartum Ri sius Thome Ducis Norf'k die Martii anno
dolphie mercatorem alienig'num extra hoc reg
regni d'ce d'ne Regine nune tertiodecimo su pradicto apud Charterhouse pred'cam Co
mitat' Midd' predit falso subdole proditorie
Guerrau Despes ambassatoren dicti Phil
num Anglie mitti nec non Philippu
prefat' Ep'n Romanu' Regem Hispaniarum
obtinend' ip'o prefat'
Ep'o Romano quasd'm pecuniaru'summas in lippi Hispaniarum Regis misit declarand'
Ducem Alva
ponend'exponend' circa provisionein main ostendend' affirmand' predicto ambassatori tentionem exercitus millitu ac hominu' arma predicti Phillippi Hispania un Regis quod ip'e
torum ad intrand' invadend' hoc regnum An idem Thomas Dux Norfolk affirmabat
glie guerram levand' suscipiend' mainte mare vellet predictas l'ras credentiales nend' eodem regno contra ip'am D'mam fat' Ducem Alva Romanu' Ep'm
affir pre Philip' script'
n'ram Elizabeth reginam: Ac quod idem Rex
Hispaniarum per meditationem dicti Ducis
Alva mitteret hoc regnum Anglie quendam
exercitun armatorum hominu' militu' ad
hoc regnu' Anglie invadend' guerram
publicam acerrimam contra d'oam d'nam
Reginam Elizabeth levand' suscipiend'
maintenend': etiam quod idem Thomas Regine Anglie tertiodecimo supradicto apud
Dux Norf'k eodem die Martii anno regni dicte d'ne Elizabeth Regine tertiodecimo su pradict'ac diversis aliis diebus vicibus antea
Doaver Com'Can' extra hoc regnum Anglie usque partes ext'as transmarinas iter suu' arripuitad preficiend' perimpen exe
quend' dict proditoria nuncia per consensum agreament prefat Thome Ducis Norf poste
postea apud Charterhouse pred'cam Coin'
Midd predict' falso nequiter proditorie con
spiravit consentit agreavit cum prefat' Rob'- aque pred'cus Ridolphie eadem nequissima
Ridolphie suscitare movere excitare proditoria nuncia sua partibus ext’is trans infra hoc Regnum Anglie totam vin poten marinis tam presat Duci Alva quan preiat' tian quasip'e pred'cus Thomas Dux Norf'ket Ep'o Romano narravit retulit declaravit confederati sui aliquo modo valerent sive potu communicavit. quod pred'eus Robartus issent facere vel excitare infra hoc regnum An Ridolpbie post pred'cm exit recessione glie conveniend' cum prefat exercit' arma suu' extra boc regnu' Anglie, post eadem
torum hominu' per dictu' Regem IIispaniarum falsa suissima
Dux Norf
quos idem
l'ram inconsuetis
-
exercitu ar aliis subditis
proditoria nuntia sua pred Alva narrat declarat
prefert' mitend',
matorum hominu'
hujus Regni Anglie
conparere procurare potutsset con ungere glic dict Ciphers
cum dicto exercita per dom' Regem Hispania Norf'k scribi fecit
ru' prefert mittend' guerra publicam con l'ram sicut prefert script missam ip'e idem tra dictam d'nam Elizabeth Itegina minira hoc Thomas Dux Nori'k svij die Aprilis anno regni
cum eodem cum talibus
prefat
Duci
IIispaniaru' regem no'ie suo compo't
adeo valent firmiter prout ipsemet idem Thomas Dux Norfolk easdem manu sua pro pria subscripsisset: insuperiidem Jur'super sacr'm suu' predictum presentant dicunt quod predictus Robartus Ridolphie xxvi die Martii anno regni d'oe d'ne Elizabeth' nunc
fact' una alienis
suam quibusdam subdolis characteribus notis An
prefat Thomam Ducem misit. Quam quidem
ut
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1041] STATE TRIALS, 14 Eliz. 1571. —for High Treason. ' [1042
d'ce d'ne Elizabeth' Regine xij supradict' apud prefat' Georgio Comite Salop preclari ordinis Charterhouse pred'cam in Com' Midd' predict' Garterii milite et hac vice Anglie Senescallo falso et proditorie recepit et h'uit et eand'im apud Westmonaster' in magna aula pl'itorum adtunc et ib'in prefat' Wili'mo Barker servienti ib'm ven' predict' Thomas Dux Norf'sub cus suo in 1'ras cognitas et comm's reducend' et tod' prefati Owini Hopton Milit' locum tenen' decipherand' Anglic' dict' **To be deciphered"
lib'avit et dedit, et eand'im l'ram in co'es cog nitas litteras reduct' et decipberatam Anglic' dict' ** deciphered" ip'e id'im Dux postea xxv
die Aprilis anno regni dicte d'ne Elizabet' nunc
tertiodecimo supradicto apud Charterhouse
pred'cam in dicto Com' Midd' falso et prodi superius seperatim impo'it alloquut' qualiter se torie recepit inspexit et perlexit et penes se velit inde acquietari, dicit quod ipse in nuilo adtunc et ib'm falso et proditorie retinuit et est inde culpabil' et inde de bono et malo pon' servavit, per quam quidem l'ram predictus Ro se super pares suos, xc.
bartus Ridolphie eidem Thome Duci Norf'k Super quo predicti Reginald' Comes Rand' inter alia significavit eumque certiorum fecit de Will'mus Comes Wigorn' ac ceteri antedicti benigna audientia sua quam ip'e id'm Robartus Comites et Barones, pred'ci Thome I)ucis h'uit apud prefat' Ducem de Alva in nequissi Norf'k pares instant' super corum fidelitatibus mis et proditoriis nuntiis suprad'cis : Et quod et legianciis dicte d'ne Regine debit' pcr pre id'm Düx de Alva requisivit et voluit amicös et fatum Senescalium Anglie inferiore pare fautores confederationis et p'poit predict' pa usque suprema' par'm illorum seperatiim ratos esse quandocunque potentia per dictum publice examinat' quilib't coruin seperatium dic' Hispaniarum regem mittend' infra hoc Rcgnu.
Anglie applicaret: Et preterea iid'm Jur' super
sacr'm suu' pred'cu' presentant et dicunt quod
mano episcopo unam l'ram eidem Duci dir'cam falso et proditorie recepit per quam id'm Epis
copus Romanus promisit eidem Thome l)uci Ducein Norf'k judicium executionem super
Norf'k auxiliu' et supplementum pro adiuva
mine predicto Marie nuper Scotorum Regine,
ac pro et ad nequissima et proditoria propo'it'
et intentiones predict' exequend' et perficiend'
contra legiancie sue debitum ac contra pacem fat' Locumtenen' usque dict' Tvrriim ! . ondon' dicte d'ne Elizabeth' nunc Regine Anglie coro deinde per mediu' Civitat' London' usque nam et dignitat' suas et in legum hujus l{egni furcas deTiborne trahatur ib'm suspendat Anglie contempt' manifestum. Nec non in vivens terram prosternat' interiora sua pessimu' et pernitiosissimu' exemplum omniu' extra ventrem suu' capiant' p'oq' vivente coin
aliorum in tali casu delinquen' ac contra for burent',
marn diversorum Statut' in hujusmodi casu edi pus ejus ` tor' et provisor' &c. caput
caput ejus amputetur quodque cor quatuor partes dividat', quod quarteria illa ponantur ubi dona Re
Et mmodo scil' d'co instantis die Martii, viz. gjna assignare voluerit, &c. xvj die Januarii anno xiij supradicto coram
d'ne Regine dicte Turris London' in cujus custod' preantea ex causa predicta & allis certis de causis commissus fuit ad barram hic ducu'
in propr' persona sua, qui committit' prefato locumtenenti, &c. Et statim de omnibus et singulis sep'alibus proditionibus, pred'cis sibi
quod predictu- Thomas Dux Norf'k sepera libus p'ditio'b's predictis sibi separatiin dic' quod predictis sibi seperatim forma predicta superius impo'it est inde culpabii' modo
pred'cus Thomas Dux Norf'k xvi die Junii
anno regni d'ce d'ne Flizabeth' Regine nunc forma prout per seperales indictament' predict' xiii supradict' apud Chartcrhouse predict' in superius suppo', &c.
Com' Midd' predict' a prefat' Pio quinto Ro
Super quo instanter Servicn' d'ne Regine legem, icsius d'me Regine Attorn' justo debit. ' legis formam petunt versus eundem Thomam
inde pro d'ca d'na Regina h'end' &c.
super hoc vis' per Cur' hic inteilect'
omnibus singulis premissis Con' est quod predictus Thomas Dux Nos f'k ducat' per pre
57. The Trial of Mr. Robent Hic FoRD, (Servant the Duke - Norfolk), the Queen's-Bench, for High Treason EL1z.
whereunto of his voice
Hackford.
admonish*i excused lunself
aum here indicted
untouched
V0L.
February
157 [MS. Brit. Mus. 1427. ]
AFTER reading the Indictment, being form answer unto it. This only require
asked Guiity effect;
the Clerk the Crown, Not Guiity ! le answercd
were this higher,
heard declare the truth, far the
being
speak
uhe lowness
preseuce
Iligh-Treason, part
whereof
was never privy
am ready
inatter toucheth honours, and the
bring conscience
hurt, ever conceived
queen's majesty's person
riever meant any such thing the sane my know the law hath not intent
God, that
with any intent ne agaimst the
my country
m* heart the conscience,
divers deny,
points
for that fact, such
declare
not iearned the law. now not winat facts: the law canuot accept miy intent
confess, and intent men but judge only the have already confessed am mind, according the appeariiig outward
here protest before your
-
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mi :I
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1043] STATE TRIALS, 14 Eliz. 1971–Trial of Robert Hickford, [1044
my purgation. Therefore I shall declare the fess myself Guilty, which concerneth the deci truth of my doing, and upon that further open phering the letters my lord's procurement unto you at large my dealing in the matters and commandment; after which time never contained in the Indictment. First, For the dealt it.
matter of moving of Sedition, I did nover Sonthcote. You were best plead Not know that any such thing, was meant by my Guilty the whole Indictment; and for such
lord, or any other; and whatsoever was by matters and parts the Indictment you can him, or any other intended, I was not privy clear yourself, the Jury may find you Not unto do confess indeed, that the Arti Guilty, and find you Guilty for the rest.
cles mentioned the Indictment were sent The Lord Chief Justice, and Mr. Attorney my lord, my late master, which his com advised to the same effect.
mandment deciphered, for they were brought Hickford. am Guilty. know under cipher. Then my lord read them, and how merciful queen live; submit myself folded them up, and put them the pocket wholly her majesty's mercy. will not
his hose, and said, The bishop Ross will stand long upon that whereof mine own con
never quiet, and then went supper and from that time never saw that Writing
science condemneth me.
Catlin. Confess you Guilty the whole Indictment
Hickford. Yea.
till was shewed me
the Tower. What
Answer my lord made answered them no,
them, know not.
whether
Attorney. (Mr. Gilbert Gerrard. ) Are you man Guilty adhering and comforting the knowledge and learning, you have been in queen's enemies, and the conveying the
dicted, and are now arraigned according French Packet and Money that was sent re order law; you must follow order, you must lieve the
Catlin. Hickford, you seem
answer the Indictment, confess deny Hickford. confess myself Guilty.
you shall heard after say your mind. Soj. Then, after some pause, Mr. Serjeant You must plead unto Guilty not Guilty. Barham spake this effect: Forasmuch
High respect man's intent, but judgeth according Treason, and, among other things, that hath his fact. contess saw these Articles and adhered and comforted the queen's enemies,
Hickford. confess the law hath not Robert Hickford hath been indicted
deciphered them, shewed them my lord; and the same Indictment hath been read unto
revoked them not, duty ought him, and hath confessed the treasons; have done, and therefore think myself Guilty. am pray your lordships the queen's ma Catlin. The Indictment containeth divers jesty's behalf, that his Confession may en
clauses Treason, therefore answer, you
guilty, any special matters contained the Indictment, that you will coufess yourself
Guilty the whole.
Hickford. may not confess myself that
whereof my conscience doth not accuse me,
some parts am not privy the first point, concerning stirring Sedition, not know
tered, and Judgment given for the queen against him, according the law.
now declare what
Attorney. There are two points the In dictment that concern yourself; the dealing the matter about Rodolph's Voyage, and the Instruction for the same and the adhering
that ever any such thing was meant my and comforting the queen's enemies: are
lord. What intention
own conscience knoweth
matter Rodolph's going
Spain, the pope, and the duke Alva, and the Instructions that voyage contained
the thing, that my lord's commandinent deciphered answer, have before said,
that never knew any proceeding, nor dealt therein afterwards; and my lord, when
read deciphered, answered
fore, The bishop Ross will never thought had burnt that Paper,
that liked not but what did with
the matter afterward, cannot tell. roundly
Catlin. You must answer more
and directly the matter; for these circum
stances and points, you shall heard after
ward. the mean time answer plainly, you Guilly not Guilty.
said, conscience meaning hurt my country. And the presence and witness you howbeit the law accepteth not, nor judgeth secret intents, for might
every unan clear himself.
Catsin. Hickford, thou hast heard the In
had, God and his As touching the
you not Guilty these
Hickford. am Guilty.
Catlin. you will yet wave and forsake
your confession, we are content admit you so, and you may yet plead Not Guilty,
and you shall have your Trial.
Hickford. No, will submit me wholly
her majesty's mercy know under how mer
over the king
Hickford. May points am not Guilty
ciful prince live, though my deserts far said be unworthy, my master's means and procure
quiet. thing
ment. know bring, untouched with any intent
her majesty's person, this say before God and
dictment read, where the oaths Jury Southcote. Mr. Southcote spake the same thou art found and presented guilty divers
effect, and told him, That pleaded Not Guilty, these his Declaratious should heard
High-Treasons: thou hast been arraigned there
of, and confessed thyself guilty, and submitted
large upon the evidence.
Hickford. To part the indictment con majesty's Serjeant hath, her behall, required
thyself her majesty's mercy. The queen's
I
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1045] STATE TRIALS, 14 Eliz. 1571–for High Treason. [1046
Judgment
given against thee, according to the order of
. . . i.
to be given against thee, and that thou hear
thy Judgment. A few words for good admo nition shall serve: Thou art a gentleman, wise, and well learned, I would to God there had
been in thee as much loyalty and truth, as there is learning, and other good qualities and gifts of
God, then hadst thou not fallen into this great fault and misery. But there have been evil en ticers, evil school-masters, evil seedsmen, as
one called them here last day; they have brought thee from truth and good estate, to untruth, treason, and wretchedness; where before thou
and others were of good name and faine, they
have brought you to infamy; of loyal, good, and
true subjects, they brought you to the name
and state of disloyal traitors: A great blot to
be a Traitor, and the greatest infamy that can
be. It is the chiefest point of the duty of every
natural and reasonable man, which by the gift ter! that such Treasons should be, and
of reason differeth from a beast, to know his ripe this realm common slander this prince and head, to be true to his head and realm England, the Treasons England are prince. All the members are bound to obey every where talked among strange nations the head; every man is bound to repair life, to For proof they refer our histories lay out and expend goods, lands, and posses Ed. Ric. Ed. and prove the oft sions, to forsake father, mother, kindred, wife, practices this realm murder and depose and children, in respect of preserving the our princes, the great infamy and slander prince; for in defending the prince, they pre our country. The very regard our country's serve father, mother, kindred, wife, children, fame, that this great slander treason should
Confession to be
entered,
and
to be
good
good seed; but there came the enemy,
the laws; so nothing
but
Judgment
seedsman,
darnel,
their articles law, which they are bound, them law will them. they will transgress these, and fall treason, and procure to father, mother, friends, kindred, children, the danger princes, them feel law will.
great heap of matter concerning the duty of the subject to the prince. All the duties, said hc,
yea to a man's wife, that is his own flesh, are all inferior to the duty that a subject oweth to his prince, for this duty comprehendeth them all. In respect of duty to the prince, and preserving the prince, neither wife, parent,
can shew you precedent and history for
nor other are to be regarded, they must
stand behind. any case, any respect ambassador: this M. Marveilles, the French
shall allure man from loyalty and truth his prince, they must forsaken, they must come behind; must said, Wade post me, Satana. We must first look unto God the high prince princes, and then the queen's
king's ambassador, conspired Treason against the state and the duke Milan; the duke un derstood caused him arraigned after the order their law, and being found guilty,
beheaded him: and this jure gentium was law majesty the second prince, and God's deputy, fully done. May Messengers conspire Treason
and our sovereign prince earth. those few words comprehended much matter,
satisfied the hearers for their duty the queen's majesty. You are wise and learned was, and for knowledge duty and understanding
the gospel, Bonus seminator seminavit that follow such heinous Treasons, that bring semen bonum; but supervenit inimicus forth the fruit such seeds such wicked
much bound God he; but the evil
seedsmen, the evil inticers and seducers have
wrought evil effect you both, the great good
seedsman hath sowed you good gifts, learning,
knowledge, and good quality, serve him, your eth of? No; but the black Trump Shame shall prince and your country withal, said blow out their infamy for ever. Again, these
seminavit zizania: the
seedsman sowed
the evil
cockle,
seedsmen have been England; they had sown the right seed for their own use, the seed
hemp, and felt they had received ac cording their deserving. God hath sown you good gifts and qualities, meet have served any prince Christendom but super venit inimicus, the devil and his ministers, wicked seedsmen, sowed you darnel and cockle, treason and disloyalty; they have made you forget your duty your natural prince and country. these had been handled
and noisome
and he sowed
weeds. Such wicked
they have deserved, they should long ago have had their own due seed, hemp bestowed upon them, meet seed for such seedsmen; such mischievous seedsmen they be, that corrupt men, otherwise well inducq, that sow treason
abundantly this realm. strange mat
and all. It was well and wisely spoken here
the last day, by one that stood at the bar, that
was learned and as wise as you are, upon his
confessing of himself guilty of Treason against
his prince; I would he had had as much truth for any May embassadors such seedsmen and loyalty, as he had of learning and under Be these the parts embassadors They have standing, in few words, he comprehended a
not your fault have been renewed and in crească against us, nothing else would,
should have staid you from foul dealing treason. But this sowing treason lawfu
within memory, about 38 years ago, about
the 25th Hen. was done the duke Mi
lan. The French king, that then was, Francis,
grand-father the French king that now sent one M. de Marveilles the duke of Milan as his
against princes whom they sent? Treason
princes not their message, lawful
cause their sending their own heads they presume they must law touched
and taught keep them within their duties. As for them that seek fame Treason, and by procuring the destruction princes, where shall sound that fame? Shall the golden Trump
Fame and good Report, that Chaucer speak
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10:7) STATE TRIALs, 14 Eliz. 1971–Trial of Robert Hickord. [1048
seedsmen have sown, are in foul fault, and Now proceeding further Letters between
justly to be condemned, and worthy extremely
to feel For that you are mistry, inen
may have pity and compassion your misery,
and forbear grieve you with due chearsal, fool, thou understandest not the matter. an else me might aggravate your offence, with swered, presumed say this unto you, upon setting out the particulars length, and your assurance that you would not offended,
they should have fallen out, you had stood and that maketh me ask, why you continue Trial but you have confessed and yield this dealing with the Scotish queen? He an yourself guilty, and submitted yourself swered me again, Thou art fool, thou seest the queen's majesty's mercy. Therefore will not my case; hold wolf the ears, can
leave aggravate your faults, and will proceed, neither let without danger, nor holdout the order law requireth, Judgment. peril. Unhappy man was when was first
pray God give you grace make good committed; for could then have corne
end. need not give you long exhortation,
am doctor divinity; you are learned your self, your knowledge great would your loy
alty and truth had been great. But because
the speech the prince, would have laid her feet, and trust should have found grace have obtained favour: But now, on the one side, am entered into my prince's
we are do with law, we must follow the high displeasure; the other side
order law, one must speak for all, and should pull the Scotish queen, and her for the rest, shall proceed judgment.
friends upon me, and make them mine enemies, Then my Lord Chief Justice pronounced the then were worse case than ever was. If
Judgment usual Treason, concluding could once recover my prince's favour, then these words; “God merciful unto you, and would soon shake off all dealing with the
truly said, that the duty prince, much greater overh his master,
had much favour fe-s have ne: lected that duty my prince, and liberty, that his men had recourse unto
howbeit did my lord, my late master's procurement and commandment, and for good
intent, my master bare me hand and persuaded me, whereof pray your lordships
may declare the truth. When first my lord made choice of me to wait on him the
Tower, would God had rather made
any other, within short time re Letter from the Scotish queen Ci
He made me privy and willed me acquaint myself with that Cipher, for the
deciphering the like hereafter. At that first time said little unto within three weeks after there came another Letter him from the
him freely into the Tower: whereupon we conceived hope his short delivery, but fell
contrary, and continued till Midsummer. Then was he advised to make submission to
the queen's majesty, and promised that
would submit himself, and renounce all deal ing with the Scotish queen, there was hope that the queen's majesty would receive him
grace. Whereupon wrote Submission. sent was delivered, and, we heard,
was very well liked Within fortnight after had the liberty the Tower, and com fortable Letters came. looked and had hope that should have been delivered presently
choice ceived pher.
subjects the
duty than man any other; yea,
mean time contented
decipher the Letters they passed between
from time time, those that bare him into the world. con them. Shortly after
Scotish queen, and then began mislike the
matter. Then my lord walking the leads,
(having much liberty granted him) Henry
Nevil and Mr. Lieutenant being present upon pertinent, when yet proceeded further, and
the lead, and departing little aside, iny lord
called me him, and after other matters en
tered into talk the Scotish queen. said
unto him, would ask question you, doing. My lord was not then delivered might without offending you. He asked me shortly after happened, that occasion what? said would show him, that sickness, and being sick the plague the would not offended, for otherwise durst Tower, my lord was removed his own house not. After he had assured me he would not be
offended. said unto him, My lord, marvel much your doings; you are here, you know, committed upon high displeasure the queen's majesty, for dealing with the Scotish queen without the queen's majesty's consent.
the Charter-house; then we had great hope that we should shortly received into her ma
you, the contrivance this dealing must much aggravate her hişiness's displeasure against
you. He answered me, Tush fool, thou art
give you grace make good end.
Then Hickford answered this effect humbly thank your lordship for your good admo nition; know and confess, that ought unto the queen's tuajesty much greater and higher duty
than my master. And said your lordships have been wisely spoken, was
Scotish queen. the mean time, till her inn jesty's favour may recovered, am driven
this hardness that you see. answered him again, You are yourself much wiser than am but, my poor opinion, the sooner you rid
yourself this dealing the better. Then be
cause was persuaded that trusted re cover the queen's majesty's favour, was the
came not pass, the cause God knoweth. Here the Lord Chief Justice offered in terrupt and end this course speech im
said:
(a) Behold evident entry into resolu
tion leave the queen, and seek the Scot and friends,
Hickford. beseech you, my lord, me use few words, declare the course my
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1049] STATE TRIALS, 24 Eliz. 1581–Arraignment of Edmund campion. [1050
jesty's favour, and come to the court again, have taken other course; but you had higher
and so continued till the Cipher came from the bishop of Ross, before wheh time and since I was never privy to that matter. The cause why I was never afterward made privy, was this ; My lord being at home at his house at Charter-house, I told him, I liked not his do ing, it would not have good end.
Att. Why did you then still follow * Why left you him not *
Hickford. He answered me, Thou art a fool, thu understandest not.
hope, to have seen your master in higher state to advance you ; you had more respect to your master than to your mistress. But this is no thing to the matter.
So his purposed longer Speech was -cut off, and then he said shortly thus:
Hickford. I humbly thank your lordship again for your good admonition; and as your lordship hath rehearsed the History of the French embassador to the duke of Milan, so I
would and pray God, that he that bath brought Catlin. He told you truth, that you were my lord to this, may have the like success. I
a fool, for you played the fool indeed. humbly submit myself to the queen's majesty's Hickford, I would then have gone from mercy. I know I have lived under a most him, and I sought to depart ; he would never gracious and merciful queen. I wish God long
give me leave, as Mr. Bannister well know to preserve her majesty, and this little time
eth.
-
that I have left I will spend in prayer for her Jatlin. Why? he was not your prince, you preservation; and I beseech God have mercy
were not so bound that he could compel you upon me.
to tarry with him. * Whereunto the Court, and that were
Hickford. Otherwise I dealt not with th present, said, Amen; and some said secretly, bishop of Ross. had then shewed himself wiser man than Catlin. In following him, the hurt was his master. And the lieutenant was com
yours; if you had been a good subject, and had manded avoid the prisoner. —God save
regard of your duty, you might and should Queen Elizabeth.
-
58. The Arraignment CoTTAM, Joh Nso
EDMUND CAM proN, SHERWIN, Bosc RAyr, BR1stow, RBIE, and ORTox, for High
Treason 24 ELIz.
Bib. Cott. 1014. Phoenix Britannicus, 481. ]
1581.
Now first published. [MS.
THE 12th November, 1581, the King's* shall tried, and therefore you must now
bench, Westminster, the parties abovenanied spare speech and reserve till then,
were indicted High Treason, namely, that which time you shall have full liberty de they the days the last March and April fence, and me sit indifferent between her anno 22d Eliz. Rheimes Champaign, majesty and yourself, wherefore now the In Rome, and other places beyond the seas, had dictment whether you Guilty Not. conspired the death the queen's majesty, the Then they were arraigned, severally and se overthrow the religion now professed verally; every one pleaded Not Guilty. The England, the subversion the state, and that 20th Nov. next following, the said persons for the attempt thereof they had stirred were led the bar for their Trial, the Jury strangers invade this realm; moreover that was demanded, which presently appeared. the 8th May next following, they took their The Clerk the Crown read the Indictment,
journey from Rheimes towards England per and declared the charge the jurors was, That suade and seduce the queen's subjects the they found the paties here indicted Guilty Romish religion. obedience the Pope, from the treasons, have fled for any them, their duties and allegiance her highness, and they should then enquire what lands, tene that the 1st June they arrived this coun ments, goods, and chattels, they had the try for the self-same purpose.
Whereupon the parties mentioned were brought from the Tower the bar hear
this Indictment which was read unto them. Campion. protest before God and his an gels, heaven and earth, and before this tri
-time the treasons committed any time since, and they found them Not Guilty, then
bunal, which pray God may mirror
the judgment come, that am Not Guilty could have wished likewise that for the pre
these reasons contained the Indictment, vention any other whatsoever; and prove verally
these things against me merely impossible. rying
Lord Chief Justice, (sir Christopher Wray. ) nearly unto our lives, each one might
The time not yet come wherein you have had one day for his trial. For albeit
Sic MIS.
acknowledge the Jurors wise men and much experienced such causcs, yet the
say so, and more.
Campion. My lord, for much our sur
mised oftences are severally, that the one not tainted with the crime the other, the offence one not being the offence all,
confusion, we might also have been se licted, and that our Accusations car
eat importance, and tending
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1051) STATE TRIALS, 24 Eliz. 1581. -Arraignment of Edmund Campion, [1052
Evidence being given or rather handicti' at her, favourable his mercy towards us, that once, must needs breed a confusion in the Jury, neither they thereby have been bettered, nor and perhaps such a misprusion of matters, as her estate impaired, nor our quiet diminished,
they may take the Evidence against one to be for who knoweth not the rebellions and up against all, and consequently the crime of the roars the North, who remembereth not the one for the crime of the other, and finally the tragical pageant Storie, who still seeth not guilty to be saved, and the guiltless to be con the traitcrous practices Felton Prevailed demned; wherefore, I would it had pleased they against her, was not their strength van
your lordship that the Indictment had been quished, were not their policies frustrated, did several, and that we might have had several not God detect them and protect her her
days of trial *.
Hudson. It scemeth well Campion that -you
safety and their perdition The matter fresh reunembrance. Their quarters are yet scarce consumed; they were discovered, they werc
have had your counsel.
Campion. No counsci but a pure con convicted, they suffered, we saw you
science. ask from whence these Treasons and seditious
Lord Chief Justice. Although if many be Conspiracies had their first offspring, ask indicted at once, the Indictment in respect of from whence they could have but from the them containing their names well itself the pope For we inspect the Nor yet itself being framed against several per thern seditions, was that was not only sons cannot but several the trial, the encouragement, but also being put flight whereof evidence shall particularly given was their refuge. we mean Storie, was against every one, and the matters objected that was the sworn liege and lord per every one shall have his particular answer, jured subject; we look Felton,
that the jury shall have things orderly; not was that excommunicated the queen and the withstanding would have wished also, that commoualty that did her obedience. Finally, every one should have had his several day we recount all the Treasons and Rebellions
assigned him, had the time permitted, but that have been conspired since the first hour since cannot be otherwise we must take generation, was and principally he,
as is. that suborned them. What, then, are we Whereupon the queen's counsel Mr. Ander think these latest and present conspiracies
son, Mr. Popham (Attorney General) and Mr. have been done either unwitting unwilling Egerton (Solicitor General) prepared give the pope Shall we deny either Campion
Evidence, and first Mr. Anderson spake effect followeth
Anderson. With how good and gracious prince the Almighty hath blessed this land, continuing the space years, the peace, the tranquility, mercies and abundant supplies, but especially the light and success the gospel, where with since her majesty's first reign this realin hath flourished above other, most evidently doth manifest; the which, not withstanding they ought have stirred
into most dutiful allection and zealous love unto her crown, for whose sake and whose means, next under God, we enjoy these pros perities; yet hath there not from time time, been wanting amongst mischievous and evil disposed enemies her felicity, which either
insolent and open denouncing war
secret and privy practices sinister devices, have ambitiously and most disloyally attempted
spoil her her right, and these bless ings yet such hath been God's incomparable puissance against them, tender his care over
This objection secins not altogether
groundless. and are tried together for fe
lony, witness swears that confessed him
his companions without the pope's assent consent have conspired these matters beyond the seas themselves? Why? had they en tertainment his hands Did he bestow no
thing upon them for their maintenance was there no cause which either he should do for
them they for him, they papists, pope they flying their country, receiving them they Jesuits, their founder; supreme head, they sworn members; their chief provost, they his dearest subjects; how can
but was privy, privy nay the author and setter on We see that other treasons have
been squared his platforms, and had
direction this, came the rest from him and
came not this near him impossible. An
enemy the crown, professed scourge
the gospel, envying the tranquillity the one,
impatient the success the other, what would he not do subvert them both He
hath been always like himself, and never liker ought than this, He knew well enough
foreign hostility was convenient. The Span iard would be discovered the Frenchman
would suspected; the Roman not beloved. How then Forsooth, men born and bred
our own nation, perfect our own tongue and
that together with and another, com language, instructed our own Universities
mitted the felony question, the judge summing tells the jury that this evidence
—they and only they must endeavour our overthrow. what order They must come secretly into the realm, they must change their
against but not against danger that the minds
fluenced with regard
See too the case Coke Woodburne,
1721.
yet there jurymen will
great
in habit and names; they must dissemble their
the case
vocations, they must wander unknown—to what end To dissuade the people from their Allegiance their prince, reconcile them. "
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for traiterous and being, reason they
should have the law and the due punishment
ordained for traitors, the which her majesty's
behalf we pray that they may have, and that
the Jury upon our allegation may pass for the Trial.
This Speech, very vehemently pronounced with grave and austere countenance, dismay them all, and made them very impatient and troublesomely affected; for seemed their
hatred with the Jury, and
ter conclude him guilty
duced the queen's subjects from their allegiance
her majesty What can more unlikely We are dead men the world, we only travel led for souls; we touched neither state nor po licy, we had such commission. Where was, then, outr seducing? Nay, but we reconciled them the pope; nay, what reconciliation can there him, since reconciliation
a
1053] STATE TRIALS, Eliz. 1581—and others, High Treason. [1054
to the pope, to plant the Romish Religion, sufficient evidence and substantial wit to supplant both prince and province—by nesses. For, otherwise, had been very un what means ? By saying of Mass, by adminis equally provided that upon the descanting and tering the Sacrament, by hearing Confessions. flourishes affected speeches, man's life When these things were purposed, endea should brought into danger and extremity, voured, and practised them, whether were that, upon the persuasion any orator they guilty these treasons no? not, vehement pleader without witness viva voce then add this, for them they were parties testifying the same, man's offence should
the rebellion the North, they were instru judged reputed mortal. so, see not ments the practices Storie, they were what end Mr. Serjeant's oration tended, ministers execute the Bull sent from Pius see end, see but frustrate, for the Quintus against her majesty. How appeareth
that How should appear better, than
your own Speeches and Examinations. They
highly commended the Rebellion the North;
they greatly rejoiced the constancy Storie; must weighed, but witnesses, oaths, &c. — divers their counsel and conferences was re Whereto, then, appertaineth these objections quired for the Bull. Yea, and which more Treason He barely affirmeth, we flatly and yet sticketh our stomachs, they afforded deny them. But let examine them, how such large commendations Saunders, liking will they urge us? We fled our country, what and extolling his late proceedings Ireland, that The pope gave entertainment, how that cannot be otherwise intended but that then We are Catholics, what that
thereof they also have been partakers. To the purpose We persuaded the people, what conclude, what lenity may we hope for from the followeth We are therefore Traitors. We pope, what fidelity from their hands that have deny the sequel, this more necessary
me you should frame this reason, My parents are thieves, my companions suspected persons, myself evil liver, and laid the mutton”,
distemperature that sounded very criminously only due God? This word soundeth not their Trial, and therefore utterly denying lawyer's usage and therefore wrested
that was alledged, they protested themselves against unaptly. The reconciliation that we
true and faithful subjects; only Campion bare out best, and yet somewhat amazed, and de
endeavoured was only God, and Peter saith reconciliacio Domine; what resteth then
against us? That we were privy the Rebel
Inanded Mr. Anderson, whether an orator accuse them,
give evidence.
came pleader
lion ters
the North, instruments Storie, minis Felton, partakers with Sanders. How forsooth, must presumed. Why? be
Justice. You must have patience with him and the rest likewise; they being
the Queen's Council they speak other intent than duty her majesty and can
cause we commended some, some we rejoiced at, concerning some we gave counsel and con ference. How appeareth that? our own speeches, nothing less. God our witness we nover meant we drearned not. These matters ought proved and not urged, de clared evidence and not surmised fancy, nothwithstanding ought so, yet must all circumstances note for Traitors. Indeed,
yet that laid against us, but bare cir
not but marvel that men your profession should upon any such occasion, much dis tempered, for concerning the matters which
my brother Anderson hath alledged, they but inducements the point itself, and thereto every one shall have his several Answer.
Whereupon, Campion for himself and his
Companions answered unto Mr. Anderson's cumstances, and sufficient arguments
Speech followeth
Campion. The wisdom and providence
prove Traitors, much that we think ourselves very hardly dealt with, that for want proof we must answer circumstances. Well, circumstances other remember, this was
Sic MS.
the laws England, take such proceedeth not the trial any man for life and death shifts probabilities and con
jectural surmiscs, without proof the crime
crime but trifles, the law hath his passage, the theft but halfpenny, witnesses are produced, that probabilities, aggravations, invectives, are not the balance wherein justice
-
without danger, whose departure was
vowed themselves unto him, what trust may than sheep had been stolen, and accuse
|.
abilities, not one amongst all, but note them these odious circumstances
the country repose them that have fled and renounced their country How can their return
Note circuinstances, note pro therefore stole the sheep. Who seeth not but
bring necessary mat
Yea, but we se
man
of : as
in it
of it, is
be ; for as so of a
he
in
24
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for
1055] STATE TRIALS, 24 Eliz. 1581—Arraignment of Edmund Campion, - [1056
this were all, this was nothing. God's behalf we pray that better used, and that our lives not
naries make two personal Oaths; the one and conditions. Was such liberality the
and Wherefore,
Proof may
brought prejudice conjectures.
Queen's Counsel. the use of all Semi
nary men the first entrance into their Semi some more, some less, according your degrees
into book called Bristow's Motives for the fulfilling matters therein contained the
other unto the pope true him and his successors: the which Oaths, there neither
pope's without cause: No had end; and what end should that be, but by your privy inveigling and persuasions set on foot his devices and treacheries.
but traiterous, for how can man be faithful Campion. We received him according
to our state and swear performance those Motives; true liege his sovereign, and swear
fealty the pope, forasmuch the one quite contrary our laws and government,
the other the most mortal enemy her majesty hath?
the rate thought best bestow We saw neither cause why refuse neither means how come hither pennyless; was his liberality that supplied our need. What would you have We took was that Treason But was end grant had been no end, had been vain; and what end should that be, merely preach the Gos
Campion. What Oaths Seminary men
their first entrance take, whether Bristow's
Motives repugnant our laws no, not pel? treacheries, such end was intended. any thing material our Indictment, for that There was Witness produced named we are neither Seminary men nor sworn our Caddy, Cradocke, who deposed, generally,
entrance any such motives; but were
that any Seminary Men stood here for trial, this matter could prove great Evidence against them, for that none are sworn such Articles Bristow's, but young striplings that
under tuition; whereas unto men riper years and better grounded points Religion
against them all, that being beyond the seas
heard the Holy Vow made between the pope and the English priests, for the restoring and establishing Religion England; for
the which purpose, two hundred priests should come into the realm, the which matter was de clared Ralph Shelley English knight, and captain the pope, and that should con
you do, stubbornly that religion which might any cloak colour such Treasons.
Queen's Counsel. All you jointly and seve rally have received money the pope spend your journeys. Some two hundred crowns,
(as most England are before they pass the
seas) that Oath never administered, and then dict army into England, for the subduing
many study else flourisheth Rome wherein both Seminary men and others are far better employed than they otherwise could read ing English pamphlets.
Kirble. think my conscience there not four Books of these Bristow's Motives all the Seminaries.
the realm unto the pope, and the destroying the Heretics. Whereto Ralph made an swer, that would rather drink poison with Themistocles than see the overthrow of his
country: and added further, that thought
the catholics England would first stand arms against the pope before they would join
Thereupon they
were indicted
under vizard that they should condemned
such enterprize.
Queen's Counsel. The matter flat
-
cried, whereas they Treason they feared lest
the
Holy Vow was made, two hundred priests had Religion, and prove that Campion framed their charge appointed, the Captain General
reason manner following: was mentioned, our destruction purposed. Campion. There was offer made unto us, then, we confer likely heads together, what that we would come the Church hear more apparent than that those two hun dred priests, you made number, and there
Sermons and the Word preached, we should
liberty: Pascall and Ni culpable offences the Church and acceptance
set large, and colls, otherwise we, upon coming
that offer, were received grace and had
their Pardon granted; whereas they had the number, and therefore privy and parties been happy have persevered the the Treason here conclusion without any end, they had been partakers our calamities. affinity the premises; first Holy Vow, Wherefore, liberty were offered con then establishment Religion. What co dition come Church and hear sermons, lour there here left for Treason All the
and that could we not professing our treason rehearsed imputed Ralph Shel Religion, then change our religion and ley; not one syllable thereof was referred become Protestants, that forsooth was that the priests. But granting, and which the wit
that should purchase liberty. that our Religion was cause our Imprisonment and
the consequence our condemnation.
Attorney General. All these matters the
time Nicoll's enlargement were altogether
unknown, and not once suspected neither can we now conjecture that was guilty any
such drift purpose, that stood not,
nesses have not deposed, namely, that we were some these two hundred priests; you see sir Ralph Shelly Catholic, the Pope's captain,
Layman, would rather drink poison than agree such Treason, like that priests, devotaries and dead men the world, would anywise consent unto, that this Deposition more for
fore parties and privy the Treason. Campion. Two hundred priests made
Holy Vow labour for restoring Religion. seemeth, likelihood, that we made
than against us.
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1057] STATE TRIALS, 24 Eliz. 1581. —and others, for High Treason. [1058
Then was order taken that every man's Evi dence should be particularly read against him self, and every one to have his several answer; and first against Campion.
Queen's Counsel.