No More Learning

the quhilk, the queine passing hame, the erle Allace, and wo worth them that ever devy Bothwell said, speid, and clois the duris, for trow sall garr murne quha ansrit they had sals keys the lodging maide, and me, had your tongue; wald not yet wet toe givin, they said me,
Tames hous, avoyd suspitioun, that men bill from thamsellis, and said they wer onley
house. Efter the quhilk and came not nearer, God, nor the duir; and
him that aught the departit incontinent,
have ane out gait fra cum may, and that will know bely ve.
Forder, the tyme when my brother was hurt the laird Seffaird, first com word me strake ten hours, wher then pasit Katis that they war slayne, and then thair came ane
sall answer was blawin
der, else
my God, knew nothing but tuike and gave
said me; quha ansfit, sall you se stime
thing that had for me; quha lute me ane contract subscryvit four syve handwrittes,
the castell, and George Towers Bristo, with
uthers divers gentlemen and servants being
the chalmer, quhilk beaud done, said, for
God's saike, down and pray for me, for have bein ane greit sinner utherwyse, for the quhilk my God this day punishing me, for
quhilk
affirmit me was the subscription Huntlie, Argyll, the secretar Mait James Balfour, and allenged that
shall answer befoir was cum and harne
hurt, and wald not die; but ane thing did them mair evil! than the hurting, viz. that ate coin moune bruit was risen, that was the king's
slaughter, and their soir disirit me get stime guid way purge myselfe, that pass far
have done with quhilk bill the crle Bothwell, wha tuike
money wickit men, quhairof am anc, and ane ather assoir ester, sail answer my God, great siner before God, for the quhilk ask God with whom hope supe. Efter the quhilk
sould say was the deid doinge, for was hour and mair my bed the blast and crack was. Being requyrit the said minister, gif
knew not that the king was utherways han dilit menes handes, for comonle spokin was brought furth and wirryit, quha añserit,
the quein, and she tuike and the erle Huntlie, thair Hay and that tarreit behind me, quha present, wha read and thairafter turnit unto swore unto me, they never knew nad uther thing ine, and turnit her back, and gave thring bot was blaw up; and swa think was with her shoulder, and passit away, and spake ane work done God for the punishment nothing me. This the hail! thing knaw,
maist diligentiie
and did enquyre the samyn and gave
John Hepburne and John read and gave
mercy. -
Thirdly, Being requyrit, gif knew far
der hereafter, ansrit, the pasche thairafter,
when the bruite begouth rys upon and
cryit, ane vengeance upon them that slew the
king, prickit my conscience, and come unto
the erle Bothwell his chamber, and said
him, quhat devill this now, my lord, that
every body supectis you this ded, and cryes, hearof have written, quhilk pray yow ane vengance for the samen, and few read over me: let me alswa see it; quhilk uther spoken bot yow, Aneuther thing you did affoir Archibald Dowglass constabill
the erle
land, and
mony mae promisit, wha wald assist him gif all men the carth, have bein ane the
were put and thairafter read the said proudest and heich myndit, and maist filthie
contract, quhilk, remember, conteinit thir
words, effect: “That, for, samikle was
thought expedient and maist profitable for the
commoun wealth, the haill nobilitie and theirfoir, because the said Michael havand me lords undersubscryvit, that sick ane young fool lyeing upon my back, havcing ane fork his and proud tirrane sould not reign nor bear, eull hand, myght have slayne me gif pleasit, and over thame; and that for diverse causes, thair did not, quhilk things greives me maist foir, that thays had concludit that sould conscience: alswa raige hangit poor
put off ane way uther, and quhoso man for horse; with mony uther wickit evir, sould take the deid hand, they deids; for the quhilk, aske my God mercy, sould defend and fortifie thamselfis, for for not mervell that have bein wickit, for
sould every ane their awin, recknit and halden done themselfis. ” Quhilk writting,
the wickit companie that ever have bein in, bot speciallie within thir seaven yearis bypast,
said earl shew unto me, was devysit
James Balfour, subscryvit them ane
quarter ane year befoir the deid was done God wald not suffer me after the quhilk never spake the said earle
quhill the day gate assyse, quhaire the said earle standing the barr, luiking doun sad lyke, plukit upon him and said, sye, my
given me lazer and space, with guid companie, repent, for the quhilk thank him, and as
surit that am ane of his lect.
Vol.
being inquyred, gif ever the quein spake unto
him any tyme, gif knew what we's the quenis mynd unto ansrit, shall ansuer
God shoe spake never me nor hir
my lord Bothwell shaw me; for will not speike
nor knaw mathing hir part but
bot the trewth for the gold the earth, quhilk desyre you, guid minister, bear record
my body, abusying myself dyvers ways. Bot specially have shed innocent blood ane Mi chael Hunter with my awin hands: allace
quhilk never saw twa guid men deid, bot kind wickedness;
ane guid and yit my lost, and hes drawen me from them out hell, and hes
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9 17]
STATE TRIALS, 25 Eliz. 1581–Trial of the Earl of Mortoun, [918 -
Thir words, with mony mae, cryand conti in sick sort, that he was, to the appearance of
nually unto his God, even to the very end, cry inan, ane of the maist peuetent sinners that hes and, my Lord Jesus, sweit Jesus, have mercy bein sein this lang tyme, and mey be comptit ane
upon me, as you have had upon uther sinners, example of God's mercies to —
55. Trial the Earl MoR roux, for the Murder
penitent sinneris.
Henry, lord
Darnley, Husband Mary Queen Scots
1581. [Arnot's Criminal Trials, 388. Scotland, 319. ]
Eliz. Laing's Hist.
forfaltrie; Curia justi cawseing command, hounding, sending, par registenta inch ata pre taking assistance and ratihabitione, upon the
MOUR FOUN
clarie
torio burgi
Junii, anno
octuagesimo primo, per honorabiles discretos viros Jacobum Striviling Keir militem, magistrum Joannem Grahame justiciarios
day the moneth Feberwar 1506 twa hours after midnight, therby, the lodgeing besyde the Kirk Feild, within the said burgh Ed, wher oursd sove rane lords umqil dearest father was lodgit for the tyme, and ther way hamesukin, bri Duorum ejus secreti concilii specialiter con gancie, and soirthowght fellonie, maist vyle lie,
Edinburgh, primo die mensis Doi. miliesimo quingentesimo
tenth years, come
hac parte per commissionem regis,
stitut. effectum subscripturn sectis vocatis, unmercifullie, and treasonablic, slew and mur
- theirt him, with Wim Tayliour and Andro Ma Dal kage, his cubicularis, when they, buriet
keith, Nc. accusatus callumniatus
parte, pre scientia conselatione, non releua hoil lodgeing forsaid, and raised the samen
curia legitime affirmata, &c. Jacobus Comes Mortoun, Dus.
the extinctionn moneths Januarii and Fehrii, the voir morie, conform
plices, crastelie and secretlie conspirit among them selves, consultit, treatit, devysit, and ma
liciously concludit the unaist shameful, detes table, and unnatural murther and patricide our soverane lords unquhill dearest father, Henry king Scotts, lawful spouse for the tyme
ful deid therfor, according deserving, mair leath contained the dittay given
arte, slep, were take and the nyghts rest, brunt his
tione proditorie murthure quondam nobilissimi charissimi Henrici regis Scotorum, patris
N. Regis Jacobi sexui.
Nomina assizae elect. jurat. admiss. super
prefato Jacobo Comite Mortoun, &c. viz. Colinois Comes Frgadie, Joannes Cones
Montrois Andreas Counes Rothcs, Jacobus
Comes Glencairne, Hugo Comes Eglin
toun, Alexander Comes Sutherland, Jo their causing, command, hunding, sending, and annes Dns. Maxwell, Georgius Dns.
Seytoun, Jacobus Dus. Ogilvie, Jacobus Dus.
Inneri, althe, Hugo Dns. Somervell, Alexander
Magister Levingstoun, Alexander Mr.
Elphinstoun, Joannes Gordoun Lochinvar,
Miles, Patricius Hepburne Wachtoun, Pa
tricius Learmonth Dersie, Miles, Willielnus had incurrit the paines leisinagestie, and livingstoun Kylsyth, Miles.
The whilk day the said James earle toun being indyttit and accusit, that,
the law this realin
God 1566 yeiris, he, accompanuit with James, iykeas the remanent persouns afoirnamed, his
some tyme earle Bothwell, James Orinistoun complices and conspirators with him their some tyme that iike, Robert, alias Hob Or treasonable impieties, were already tryed and
mistoun his father brother, John Hay some forsaultit for the self same hymous and detes tyme Tailo, younger, John Hepburne, callit tal' critnes, and for the maist part, they John Bowtoun, and divers others his com could apprehendit, had sufferit maist shame
and reasoum
the same assyse
admittit
souns afoirmained, themselves, servants, evideot, with the probatiouns product and complices, and others, namics, their suit for vereticing theiros, and raster inenter
quein I'd. ,
his hienes's dearest mother Mary, then
Scotland, pallice
and that within the burgh Hallwrun-house, and uthers
above written, presen&e
wha wes resaw and
earle, they the said and
mycht his wicked, filthie, and execrabill attempt
laces thereabout and the end to.
being
removed,
ryply
the force gun poulder, qlke lytie
afore was plicit and imput him and his for
saids under the grund, and angular stains, and
within the voltis, laich and darnit pairts and places yros, that elect, and richt, swa with the remanent persouns afornamit, mar row his mischeife, themselves, ser vants, complices and uthers, names,
airt, and pertaking, assistance, and ratihabition, the tymes forsolds, respective, gave their
favor, counsall, and help the perpetration
the said horrible crymes, and sinsyne hes simulate, bid, and conceillit the samen, maist treasonable and secreit maner, and theirthrow
sould have bein Mor rigour, tinsall
punishit theirfor with
life, lands, and guits, and fame, honour, titles, and ine
anent toe premisses, with the talkins and pro tratiour's producit and usit theirwith qikes being read, the said James earle Mortoun,
furth
better pass, with the remainent per with the said dittay, talkins infallible and maist.
*
anserand yrto, denyit the samen,
herof the said justice-deputis referrit the kinawledge the inquest and
court
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949] STATE TRIALS, 23 Eliz. 15s 1–for Murder Lord Darnley. [950
and againe court, they ane voyce, ledge that matter, the soume quhairof this: the pronounceing the mouth John earle Efter my returning out Ingland, quhair was of Montrose, chancellar choisen be the banished for Davie's slaughter, came out assyse, fyllit the said James earle Mortoun Wederburn Whittinghame, quhair the eile
airt, pairt, foirk nawledge, and conceiling Bothwell and met together the yaird the treasonable and unnatural murthers for Whittinghame, quhair, ester long communing
saids; after the qlkc conviction, the saids jus the eirle Bothwell proponed me the king's tice-deputis, pronunciatioun Andro Lind murther, roquyring what wald my part
say, denster the said court, adjudgit, and for dome gave, that the said James earle
therein, seeing was the quesnes mynd that the king sould taine away, because,
said, she blamed the king mair Davie's slaughter than me. Miy answer the eirle
Mortoun sould had
ane gibbet besyde burgh Ed. , and
the mercat-crose
the
deid, and yrafter Bothwell was this, that wald not any ways drawin, quarterit, and demaneit, ane trai mell with that matter, and that for this cause,
tour; and that his lands, heretage, offices, because am but new cumed out trouble, possessiones, tackes, steadings, cornes, cattell, quhairof yet am not red, being discharged actiounes, debtes, obligations, guids moveable cum neir the court seven mylls, and there and unmoveable, and uthers whatsonever whil. fore, cannot enter myself such trouble kis pertenit him, sould and aught appertaine, againe. Efter this answer, Mr. Archbald Dong
ther hangit while
our soverane lord, and
hienes use, be reasonse escheat uptaken usit, and disponit,
apply his las entered conference with me that pur forfaultour pose, persuading me agrie the cirle Both
his hienes his pleasur; upon the qikes premises, Mr.
well's desyre. Last the earle Bothwell, being Whittinghame, thairafter eirnestly pro
Robert Crichtoun Eliock, advocat our
soverage lord, asked instruments, and acts
court. —Extractum ex actis curia Justiciarie
antedicte, per me Wm. Stewart juniorem,
notarium publicnm clericum dicte curie per well bring me the queines hand wry this commissionem N. regis antedict. speci matter for warrand, and then sould give aliter electum juratum, &c. sub meis signo him ane answer: utherwayes wald not mell
subscriptione manualibus. therewith, quhilk warrand never purchaissed The Earl Mortou N's CoN ression. (reported, Calderwood's MS. ) unto me. Theu The sume off all that CoN FERENCE that was being inquyred quhat wald have beine his part
betwixt the Eirie Morton, John Durie, caise had gotten the queines warrand Balcanouell, that matter, wald respect thairos, melled
poned the same matter again ing me thairto, because
me, persuad was the queines, done. Unto
mynd, and shoe wald have
this my answer was, desyred the eirle Both
and Mr. Walter and the cheif with such filthie murther as that? He an
things that they hard him quhairof they can remember, that day that the said eirle suffer quhilk was the Junii, 1581.
FIRST, the said eirle being exhorted that
swered, gif had gotten the queines wryt, and had knowen her mynd, was purposed
have banished myselfe againe, and turned my back Scotland quhile had sein better occasion. Then following forth his discourse
this matter, said, being St. Andro's
vis-it the erle Angus little before the murther, Mr. Archbald Douglas came me consideration the glorie come, sould there, both with wryt and credit the eirle
sould not discouraged that estate quhairinto ance
rejoice and gude comfort, his answer was,
concerning the glorie that have had
this world, cair not for because am per suaded now that the honours, riches, friends,
pleasures, and quhatsomever had the world, but vanitie, and concerning the estate
honour and glorie, and
quhairunto now was brought, but rather
and am this poynt, that ther render my lyfe then
know that God has appoynted
my death, has appoynted the manner thereof; and therefore, seeing that now the time, and this the mooner that best pleiseth iny God take me, am conteat, and for iny lyse this world, cair not for penny,
respect that immortalitie and everlasting
sured.
Being requyred quhat was his part
knowledge the king's nurther, answered with this attestation, sall answer
Lord God, sall declare trewiie my know
Then was said him, that was dang rous thing for him that his servand and depender was pass such wicked purpose, and knowing thereof stayed him not, sieing would
counted his deid answered, Mr. Arch
consideration
was this world
the downcast
quhairunto now am brought, bank God for wryt, quhilk was promised, and thairfore see
Bothwell shew unto me that the purpose
the kings murther was done, and neir poynt, and request my concurrence and asystance thereunto. My answer was him, that wald give answer that purpose, see ing had not gotten the queines warrand
am content ra ing the eirle Bothwell never reported any war
rand the queine me, never inelled far ther with Then being inquyred whether gave Mr. Archbald Douglas any command
there his name, answered, never commanded him. Being inquyred gif gave him any counsel thereunto, answered, never counselled him being inquyred
live, because the type
gave him any counsel the contrair, an joy quhilk luke for, and quhairot am as swered never counselled him the contrair.
2.
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'951] STATE TRIALs, 23 Eliz. 15:1–Trial of Earl Mortoum, [952
bald that tyme was depender upon the Thereafter he was called dinner two after eirle Bothwell, making court for himself, rather nounc, and being dinner, sieing the brethrein then depender myne. Efter this follow of the ministrie were informed that there was ing forth the same discourse, said Mr. Arch wrong report made confessioune the bald, ofter the deid was done, shew me that king, and that sould have confessed meikle
was the doid doeing, and came the uther wayes then did, whereby the king Kirk Field yard with the cirle Bothwell and might have had ane war opinion him, they
Huntlie. Then being requyred Mr. Archbald efter the murther,
received thought gude
did indeed. Then was said
untlie my lord, yet cannot complain justlie
the sentence that given against you, sieing
with your oun mouth confess the foreknow ledge and concealing the king's murther, for
quhilk two poynts onlie could not able abyd the law. He answered that know
thereto the queines wryt and command. Then being inquyred name the living God, that sieing this murther the king's was ane the most filthy acts that ever was done
Scotland, and the secreits thereof hes not yet been declared, who was the chief deid doers, whether was wirried blown the air,
and therefore declaire knew any farther secret thereunto; answered, sall an
wer God, know more secret that matter then have already told and heard
the deposition such hes already suffered for quhilk depositions are yet extant. Be ing inquyred knew any presentlie
about the king, who was doers that work, whose companie the king common weill
have spoken the matter; with quhilk an swer the eirle Arran being satisfied, said unto him, now my lord, will reconciled with me, for have nothing upon any particu lar against you. He answered, not tyme now remember querels, have querel you nor any man; forgive you and
uthers, will forgive me and
therester with gude curage past the scaffaid, and being upon the scaffald, repeats
few words the substance these things, the quhilk before had confessed, except that he concealed Mr. Archbald Douglas his name, and eiked some word and exhortatioun the peo ple, quhilk spake not before, namely, said, Sure am the king sall lose gude servant this day, and exhorted the people, saying,
answered him, appeir
send down some before his suf fering, form the king's majestie the facts his confessioune, namely, David Fergus
sone, John Durrie, and John Brand, who, be fore his death, length told the simple truth
his confessioune the king's majestie. At their returning againe from the Abbey, his
keiper requyred him that sould cum forth the scaffold, answered, sieing they have
troubled me this day over meikle with warldly things, supposed they sould have given me this one nyght leasor have advysed rypely
trew indeid, but yet they sould have consi
sidered the danger that the reveilling wald
have brought me that tyine; for durst not
reveill for feir my lyse. For that tyme with my God: His keiper said things are
whom sould have reveiled it? To the readye now, my lord, and think they will not
queine? she was the doer thereof. was mynded have told the king's selfe (sa
ther, Calderwood) but durst not for my lyse, for knew him Le bairne such na
stay; answered, and am readie also,
might hurt, answered, know none, and testify before God, have professed the evan
will acuse none. Last all, him concerning this purpose, that his own deposition, his part wald
more soull nor declared,
for what reason. was swered, being
gell, quhilk this day teached and professed Scotland, and also now will willingle lay
down my lyfe the professioun thereof; and how heit, have not walked therein aught, vet am assured God will merciful me; and pray you all, gude christians, pray for
was said respect
suspected speired
authoritie, how beit punish utiers the
inurther, yet punist,t not Mr. Archbald, me; and charge you all, the name God,
whom knew guilty thereof;
anovered, punisht him pot inded, neither
duo-t for the causes before showne. [As
the remaining articles this long confes
son relate tran-actions during his regency had dayes, quhilk doe, assure you God and alterwards, proceed the conclusion. ] sall merciful you; but not,
prlyse my God; and so, one comfortable prayer being made, passed down the gate, inyàding goe directly the scaffold; but the cirle Arrane stayed him, and brought him back againe his chaluner, and required
ture, that th;re was nothing told him but
wald reveill againe. 13eing enquyred
why wald not sinsyne revich the king's
majesty, answered durst not, for the same
feir. Then said, effer the cirle Bothwell
was citinged assyse, sundrie the no swered, no, my lord, pray you trouble me bilitic, and subscryed also bond with the more with these things, for have now other eitle Bothwell, that any sould lay the king's
murder clarge, we sould assyst him
the constrailie, and therester subscryed the
quesne's marriage with the eirle Bothwell,
sundrieuthers the nobilitie did, being charg
him that sould tarrie tiji his confessioune
were put wryt, and subscryed with his hand and the ministers that were present. He an
thing advyse on, that prepair me for my
God, sieing that am now pot
death, cannot wryt the estate wherein now am. All the honest men can testifie what
that are professors the evangell, that con tinue the true professioun thereof, and main
tain vour power, sould have, God willing, with my lyte, lands, and all, gif had
we
to It
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--
653 STATE TRIALS, Eliz. 1581—for Murder Lord Darnley, [954
sure the vengeance of God sall light upon you equitable; and therefore that should with all both in bodie and soul. As concerning the my simplicity, sincerity and truth answer there rest the things quhilk spake comfortably unto most reasonable, the end that your upon the scaffald, spake them more amply princely dignity may my help, my inno before, and therefore we think not neidful cence shall sufficiently appear, and procure my repeit.
When scaffold,
prayer being ended, and efter that sundrie came unto him be reconciled with him before his
* death, quhilk most lovingly did receive, and
ester that had taken the hand, that were about him, and bidden farewell the Lord, passed both constantlie, patientlie, and humblie, without feir deith the place
comfortable prayer was made Mr. minds the most part your nobility against James Lawson, during the time quhilk your said husband, and not revealing prayer, the cirle lay grovelling upon his face, which am assured was sufficiently known before the place execution, his bodie making himself and that had judgment never great rebounding with sighs and sobes, quhilk little that realm which also was con was evident signs the inward and mighty strained understand, he, that was speci working the spreit God, they who were ally employed betwixt the earl Morton, and present and knew what was earnestly good number your nobility, that they might moved prayer, might eysily persave. The with humility intercede your majesty's
execution, and laid craig under the axe, his
hand being unbound, and thairester Mr. Walter
putting him always mind Christ; and cry other nobility and gent. were declared rebels ing his eirs thir words following, untill his head
was strucken off, Lord Jesus receive my soul;
thy hands, Lord, thy hands commit my
spreit, quhilk words was speaking till the
axe fell his neck, and quhatsoever had
been before, constantlie died the trew ser
vant God; and howbeit his unfriends al
your majesty, and banished your realm for in solent murder committed your majesty's own chamber, which they alledged was done
command your husband, who notwith standing affirmed that was compelled by
them subscribe the warrant given for that effect; howsoever the truth that matter re mains amongst them, appertains not me
this time curious; true that was one that number, that heavily offended against your majesty, and passed France the
ledged, that lived proudlie, proudlie, the charitable servants perceive nothing him but kind
died God could humility
his death, meikle that we are assured
that soul received the glorie heaven, time our banishment, the desire the
condemnation, culpable any matter,
his speeches were ended upon the except the knowledge the evil disposed
hand for his relief, such matters are more
specially contained the declaration follow ing, which am constrained for my own justi fication, this letter call your majesty's remembrance. Notwithstanding that am as
sured my grief, the reading thereof will not smally offend your princely mind. may please your majesty remember, that the year God 1566, the said earl Morton, with divers
the quhilk the Lord bring all. Amen. rest, humbly pray your brother the most
Christian king, interceed that our offences bald Douglas's Letter Mary, which we re might pardoned, and your majesty's cle
print from Itobertson's History complete the mency extended towards us, albeit divers Evidence. small reputation, that realm, was the
LETT from Mr. Archibald Douglas the opinion, that the said fact merited neither
Morton's Confession confirmed Archi
requisite for, nor yet pardoned. Always such was the careful mind his majesty to PLEASE your majesty, received your letter wards the quietness that realm, that the
Queen Scotts.
of the date the 12th November, and like dealing
manner has seen some part the contents Movisir, who was directed that time
of one other the same date, directed into Scotland, congratulate the happy Monsieur Movisir, ambassador for his ma birth your son, whom Almighty God his
jesty the most christian king, both which are goodness may long preserve happy estate agreeable your princely dignity, the and perpetual felicity; the careful travel the one your highness desires know the true said Movisir was effectual, and your ma cause my banishment, and offers unto me
favour shall be innocent of the heinous
facts cominitted good memory,
mercy, that within was permitted re
bassador willet
me, that you could not solicit my cause, neither yet for any person that was participant of that execrable fact, but would seek the re
venge thereof, when you should have any means it; your majesty's oster, innocent
that crime, most favourable, and your de sile kilow the truth of the same most
complesis, that they might make offer the
names the said earl, any matter that might satisfy your majesty's wrath, and procure your clemency extended their favours;
my coming them, after had opened the
offect my message, they declared that the marriage betwix you and your husband had
that cause was committed Mons.
jesty's mind inclined
short space thereafter,
pair Scotland, deal with earls Murray,
the person your husband
the other the said am Athol, Bodvel, Arguile, and secretary Leding
declare unto me, your ton, the name and behalf the said earl husband's murder could laid justly against Morton, lords Reven, Linsay, and remanent
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955] STATE TRIALS, Eliz. 1581. -Trial the Earl Mortoun. [956
been the occasion already of great evil in that affirms that he could give no answer unto such realm, and if your husband should be suffered time might know your majesty's mind there to follow the appetite and mind of such as was in, which never received. As the abo about him, that kind of dealing might produce minable murder, known too the de with time worse effects: for helping of such in positions many persons that were executed convenience that might fall out by that kind of the death for the committing thereof, that dealing; they had thought it convenient to join the same was executed them, and the themselves in league and band with some other command such the nobility, had sub
noblemen, resolved to obey your majesty as their scrivit band for that effect: this unpleasant natural sovereign, and have nothing to do with declaration, the most part thereof known
your husband's command whatsoever, if the
said earl would for himself enter into that band
and confederacy with them, they could be con
tent to humbly request and travel by means
with your majesty pardon, but before they
could any far her proceed, they desired know
the said earl's mind herein; when had an
swered, that nor friends, my depar in, but
ture, could not know that any such like matter preserves the vine from harm, for the intem would proponit, and therefore was not in perancy such immodcrately use the same. structed what answer therein, they desired As for the special cause my banishment,
z that should return sulliciently instructed think the same has proceeded upon ane opioion this matter Sterling, before the baptism conceived, that was able accuse the earl your son, whom God night preserve; this mes Morton much matter they alledge sage was faithfully delivered me New himself have couse sed before he died, and
the said persons, God shall my judge, was
to other than those words, “Schaw the earl
Morton that the queen will hear speech
that matter oppointed unto him;” when crafit jesty for command. Upon the 8th April
that the answer might made more sensible, sccretary Ledington said, that the earl would
inst. your good friend secretary Walsinghame has declared unto me, that her highness thought expedient that should retire myself
sufficiently understand albeit, few none
that time understand what passed amongst where pleased, declared unto him had
them. known men, als veill means whereby might perform that desire, railling letters past betwixt the said earl and until such time should receive from your
Lidington when they become divers factions, majesty. Neither knew where would as also ane buck sett furth the ministers, please your highness direct me until such
wherein they affirm that the earl Morton has confessed them, before his death, that the earl Bodvell come Quhittingaime propon the calling away off the king your husband,
time as should have received further infor
mation from you. Upon this occasion, and partly permission, have taken the hardress write this present letter, whereby your ma
the which proposition the said earl Morton jesty may understand any part my troubles
yourself, and the remainder may understood the aforesaid witnesses that was examined torture, and that are extant the custody the
ordinaryjudges Scotland, my innocency far may coucern any fact does appear suffici
ently aforesaid,
your majesty. And for my dealing can otherwise charged there what would accuse the vessel that
castle England, where the said earl then re mained, presence his friends and com pany, where they condescended have
farther dealing with your husband, and enter into the said band. With this de
liberation returned Sterling, where
the request the most christian king and the queen's mojcsty England their am bassadors present, your majesty's gracious par don was granted unto them all, under condition always that they should remain banished forth
the realm, the space two years, and farther during your inajesty's pleasure, which limitation was after mitigated the humble request your own nobility, that immed ately after the said earl Morton repaired into Scotland Quhittingaime, where the earl Bodvell and secretary Ledington come him; what speech passsed there amongst them, God shall my judge, knew nothing that time, but their departure was requestcq
the said earl Morton accompany the earl Bodwell and secretary Ed. nburgh, and
return with such answer they should obtain your majesty, which being given one
would not induced, for loss reputation,
perform any part the reof. this the oc
casion my trouble, suppose
punishment should deserve, remit
your majesty's better judgment, who well knows how careful ever gentleman should
fame, reputation and honour, and how far ever isk man should abhor the name
pull roun, and how indecent would have been me accuse the earl Morton, be ing near his kin, notwithstanding the
injuries was constrained receive
hand the time his government, and for other cause, but for slewing particular
friendship particular friends the time the last cruel troubles Scotland. Sorry
now accuse him any matter being dead, and more sorry that being lyti, such kind
dealing obtained that name Ingrate. Al ways for my own part have been banished my native country those three years and four months, living anxiety mind, my holl guds
Scotland,which were not small, intermittit
and dispomit upon, and has continually since
the time was relieved out my last troubles the desire Monsieur de Movisir, attended know your majesty's pleasure, and await
upon what service should please your ma
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957] STATE TRIALS, I Eliz. 1571–Trial of Duke Norfolk. [95s
past, and strait present. As my intention the time his aige and perdonit all, ex future, will never deny that am fully re cept me, should the bearer thereof myself, solved spend the rest my days your and directed whatsoever service should majesty's service, and the king your son's, please your majesty for command. Most wheresoever shall directed your ma bumble beseech your majesty consider
jesty, and for the better performing thereof,
shall her majesty's pleasure, recom
mend the tryal my innocency, and examina tion the verity the preceding narration,
the king your son, with request that may pardoned for such offences concerned your
majesty's service, and var common men
hereof, and gracious give order, that may have means serve your majesty according the sincerity my meaning, and
expecting your majesty's answer, after the kissing your hand with humility, take leave from London.
56. The Trial THoy. HowARD duke Norfolk, before the
Lords
Westminster, for High Treason: ELIz. Jan. 36, 1571. [M. Brit, Mus. 1427. ]
FIRST all, there was prepared West cil. On the left side, the West part the minster-hall large scaffold, about foot dis said scaffold the same degree, sat next the tant from the Chancery-Court; and the same Judges, Dr. Wilson, master the requests, scaffold long passage, about six foot broad, and several other persons note.
sat the lords this order:
the court wards. On the right hand, permission, sat Mr. W. Fleetwood recorder London; and on their left hands were Mr. Tho
On the right hand the fjoi. . . . "
Reynold earl Kent, Earl
Thomas earl Sussex, Earl Huntingdon,
the On the North part the scaffold, directly
and high built the way far
Common-Pleas bar. the middle,
south-side the scaffold, was erected
somewhat higher than the rest, with
state for the Lord High Steward England, Mr. Thomas Bromley solicitor-general, and who for that day was George earl Shrews Mr. Thomas Wilbraham the queen's attorney bury. On both sides the Lord High Steward,
the before the bar where the Prisoner came, sat chair, Mr. Nicholas Barrain the queen's serjeant, Mr.
cloth Gilbert Gerard the queen's attorney-general,
mas Norton, who wrote down this Trial upon the scaffold, also Garter king arms, two gen tlemen ushers, and two serjeants arms.
earl Pembroke, Edward Hertford, Robert Leicester, Viscount Hereford, Ld. Clinton, Lord High William lord Howard
Admiral England, Effingham,
hand. Worcester,
The Lord High Steward being set his Ambrose ofWarwick Francis Bedford, chair, and the lords and others set their
Wm. lord Burleigh, Lord Grey James lord Mountjoy, Lord Sandes,
Wilton,
places, with great number people the Hall, the Hall being kept the knight mar shal, and the warden the Fleet, and their servants with tipstaves; about half hour past the morning the lord high steward stood his chair bare-headed, and Mr. Norris the gentleman-usher holding the white rod before him, Littleton the serjeant arms made proclamation follows: “My Lord's ‘grace,
Lord Wentworth,
Lewis lord Mordant, Lord Chandois,
Lord Hurgh,
Lord St. John,
-
Thos. lord Buckhurst, Lord De La Ware.
the Lord High Steward,
the lords feet, sat the Judges, viz. the right hand; Robert Catlin, lord
chief justice England; James Dyer, lord chief justice the common pleas; Edw.
Lord Rich, Oliver lord St. Join of Lord North,
queen's majesty's commissioner, Ligh-Steward England, commandeth every ‘man keep silence pain Imprisonment,
Bletshoe.
the
On both sides lower form
and bear the queen's Commission
Saunders, lord chief baron
On the left hand, the rest cording their order.
the oxchequer. the Judges sat ac
the crown. Then the said lord high steward sat down again his chair, and the gentleman
usher delivered him the white rod, which held his hand great while and after the Indictment read, re-delivered the gentle man-usher, who held before him the time the Arraignment. Then Littleton the
the feet the lord high steward, directly
before him, hollow place cut the scaf. scrjeant again made Oyer, and proclaimed fold for that? urpose, sat Mr. Miles Sands clerk thus: “Thomas Edwards, serjeant arms, re
the crown with his secondary.
Next, beneath turn thy procept;" which being put immedi the Justices the same row, sat the right ately, delivered the clerk the crown
hand, viz. the East-side, with three the queen's
Francis Knowle, the names the peers summoned for the Houshold, and Trial. Then Littleton the Serjeant again the Exchequer, made Oyer, and proclaimed thus: Ail earls,
Walter Mildmay chancellor
with several others the queen's Privy-Coun viscounts, and barons, sunumoned appear
". ‘read. ” Which then was read the clerk
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959] STATE TRIALS, Eliz. 1571. -Trial the Duke Norfolk, [900
this day, every one answer to your names on ought bear, towards our said lady the queen; pain of future peril. ' Then were the lords and intending cut off and destroy the said called order their names baptism, and queen Elizabeth, the 22d day Sept. the surnames dignity, beginning the antient 11th year the reign our said sovereign est; and every one severally,
}. signified stood and
was called, lady queen Elizabeth, and divers other days
appearance. Ancientry, they
and times before and after,
the Charter
their
Middlesex, called, was thus: Reynold earl Kent, Wm. falsely, maliciously and traitorously conspir
earl Worcester, Tho. earl Sussex, Henry ed, imagined and gone about not only
earl Huntingdon, Ambrose earl Warwick, deprive, depose, and cast out the said queen,
Francis earl Bedford, Wm. earl Pem sovereign lady, from her royal dignity,
broke, Edw. earl Hertford, Robert earl title, power, and government her kingdom
Leicester, Walter visc. Hereford, Edw. lord England; but, also bring about and compass
Clinton, Wm. lord Howard Effingham, Wm. the death and final destruction our said sove
lord Burleigh, lord Grey Wilton, James lord reign lady the queen, and make and raise
Mountjoy, lord Sandes, lord Wentworth, lord Sedition the said kingdom England, and
Order
were
House the
county
hath
Burgh, Lewis lord Mordant, lord St. John, Ro spread miserable Civil War amongst the
bert lord Rich, lord North, lord Chandois,
Oliver lord St. John Bletshoe, Thomas lord Buckhurst, lord De La Ware. -
subjects our said lady the queen, and pro cure and make an Insurrection and Rebellion
against our said lady the queen, supreme Then the Serjeant again made Oyer, and and natural lady; and make public war proclaimed thus: “Robert Catlin knight, Chief within the realm England contrary our
Justice England, return thy Certiorari and said lady the queen, and the government
thy Precept;' which was mediately delivered her said kingdom, and endeavour change the clerk the crown, and read. The ser and alteration the sincere worship God, jeant again made Oyer, and proclaimed thus: well and religiously established the said
-
w-
Lieutenant the Tower London, return thy Habeas Corpus, and bring forth thy Pri soner Thomas duke of Norfolk. ’
Then was the duke brought upon the long half pace the bar, Owen Hopton lieute nant the Tower leading him the right hand, and Peter Garowe the left, and
was placed the bar, they still holding him the arms; the chamberlain the Tower, with the axe the Tower, standing with the edge towards Peter: while behind the duke stood Mr. Henry Skipwith, who after the
duke's Imprisonment, was appointed attend on him the Tower,
kingdom; and also totally subvert and de stroy the whole constitution the said state,
happily instituted and ordained
parts, with divers aliens and foreigners, not the subjects our said lady the queen, hostilely
invade the said kingdom England, and make cruel war against our said lady the queen and her dominions. —And for the compassing and bringing pass the said wicked and notorious treasons, imaginations, and intentions proposed aforesaid, the said Thomas duke
Norfolk, well and truly knew and under stood, that Mary late queen Scots had laid claim and pretended title and interest the
Then the Duke with haughty look, and present possession and dignity the imperial
oft biting his lip, surveyed the lords each crown this kingdon England; well and side him. In the mean time the Lieutenant of truly knowing and understandings that the
the Tower delivered his return; then the aforesaid Mary, late queen Scots, had falsely, serjeant made Oyer and Proclamation wickedly, and unjustly said and athrmed, That lence, while the Clerk the Crown said the our aforesaid lady, queen Elizabeth, had duke thus: “Thomas duke Norfolk, late right and title the crown this realm
Remming-hall the county Norfolk, hold England: And also well and truly knowing and
up thy hand Which the duke did very lustily. understanding, that the aforesaid Mary, late Then the clerk of the crown read the INDIco queen Scots, had falsely, wickedly, and un MENT,” the tenor whereof thus: justly usurpcd the stile, title, and regal name
“Middlesex. this kingdom England; and that she, the
“The Jury present and say, behalf our aforesaid Mary late queen Scots, had im lady the queen, That Thomas duke Norfolk, paled and joined the arms the kingdom late Remming-hall the county Norfolk, England with the arms the kingdom Scot
false Traitor against the most illustrious land, well her scals and plate, other and Christian princess Elizabeth, queen Eng things, without any difference and distinction. land, France, and Ireland, defender the faith, And furthermore, well and truly knowing and &c. and his sovereign lady, not having the fear understanding, that the said Mary, late queen
God his heart, nor weighing his due alle of Scots, had not revoked renounced her
giance, but seduced the instigation the Devil, contrary that cordial affection and
bounden duty that true and faithful subjects our said lady the queen bear, and right
copy the Latin Indictment will found the end of this Article.
wicked and unjust claims and usurpations aforesaid, the 23d day Sept. the 11th year our said lady, now queen England, and divers other days and places before and after the said time, the Charter-House aforesaid, the county Middlesex aforesaid, falsely, subtlely and traitorously sought and endca
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961] STATE TRIALS, 14 Eliz. 1571. —for High Treason. [962
voured, without the assent, consent, or agree sent and appointment, they did falsely and trai ment of the aforesaid our lady queen Elizabeth, torously meet and assemble themselves toge his supreme and sovereign lady, to be joined in ther, with great multitude people, the Inarriage with the aforesaid Mary, hate queen number 4,000 men and more, ready armed of Scots. And for this reason and cause he the and prepared for open war against their said said duke aforesaid, the 23rd day of Sept. in queen Elizabeth, their supreme and sovereign the 11th year aforesaid, and divers other days lady, Rippon aforesaid, the 16th day Nov. and places before and after, at Charter-House aforesaid, the year aforesaid, falsely and aforesaid in the county of Middlesex afore traitorously they were ready prepared and said, falsely, subtlely and traitorously writ
divers letters to the aforesaid Mary, late queen of Scots; and as well as letters, sent
several pledges or tokens to the aforesaid Charles earl Westmoreland, Richard Nor Mary, late queen of Scots, the 23d day of ton, and Thomas Markenfield, with many others Sept. aforesaid, in the year aforesaid, and divers the said false traitors and rebels aforesaid, by other days and times before and after. And due form law legally indicted, and afterwards also on the said 23d day of Sept. in the 11th upon that legally outlawed and attainted, year of the reign of the said queen Elizabeth, they now stand upon record her said majes and divers other days and places before and ty's court queen's-bench. -And after the after, at Charter-house aforesaid, in the county perpetration and commission the aforesaid of Middlesex aforesaid, falsely, subtlely, and wicked treasons, manner aforesaid them traitorously gave to, and accommodated the said committed, the aforesaid Tho. earl Northum Mary, late queen of Scots, with divers sums of herland, and Anne his wife; Charles earl money; which the said Mary, late queen of Westmoreland, Norton, and Thomas Mar Scots, falsely and traitorously had and received kenfield with many other false traitors and of him the said Thomas duke of Norfolk, the rebels aforesaid, the 20th day Dec. the 12th 23rd day of Sept. aforesaid, in the year afore year the reign our said sovereign lady the said, at Charter-house aforesaid, in the county queen, for those Treasons fled out this king
of Middlesex aforesaid; notwithstanding the dom into the kingdom Scotland; and there
aforesaid duke had been distinctly and especi ally forbid and prohibited by the aforesaid lady queen Elizabeth, upon his allegiance, that he should upon no account whatsoever hold Cor
resided, and were received, aided and assisted several noblemen, and other great men
the said kingdom Scotland, viz. James duke Chastelleroy, the earl Huntley, Mr. Harris, Mr. Hume, and Mr. Firmherst,
respondence, or treat with the aforesaid Mary
late queen of Scots, concerning Marriage with and other Scots, then subjects the said king her the said Mary late queen of Scots; and not dom Scotland, detained from our said lady
withstanding the aforesaid duke, by divers let queen Elizabeth, and towards which noble ers and instruments writ with his own hand to inen, and other great men the aforesaid
the said lady queen Elizabeth, supreme so
vereign lady, publicly denied and renounced
the aforesaid Marriage, protesting that the
kingdom Scotland, the said lady queen Eli
zabeth afterwards proclaimed, and caused war made upon the said rebels, public ene mies her kingdom England, Tho. earl
said duke was never engaged, had proceeded
the said Marriage. —And also the said Ju Sussex, her majesty's lord lieutenant, and
rors, upon their corporal oaths, further present lieutenant-general the north, with powerful and say, That Thomas earl Northumberland, and strong army oppose the enemy. Upon late Topcliffe the county York, and which account, Charles earl Westmoreland, Anne wife; Charles earl Westmoreland, Anne, wife Thomas earl Northumberland, late Branspeth the county Durham; Itd. Norton, and Tho. Markenficki, fled from Richard Norton, late Norton Comers the the aforesaid kingdom Scotland, and trans county York; Thomas Markenfield late ported themselves Antwerp Brabant,
Markenfield the said county, esquires; to together with several other false Traitors, rebels, and public enemies our said lady queen Elizabeth, not having the for God before their eyes, nor considering their due allegiance, but seduced the instigation
where they resided. And there the same Charles earl Westmoreland, Anne wife the said Tho. earl Northumberland, Rd. Norton, and Tho. Markenfield, contrary their due allegiance, staid manifest contempt
the said queen and her laws. Yet the afore said Thomas duke Norfolk, not ignorant
the premises, but well and truly knowing and singular the transactions inanner and
the devil, imagined, devised, and con
spired deprive and depose the said lady
queen Elizabeth from her royal dignity, title,
and power her kingdom England; and form aforesaid, the 6th day August, the also bring about and compass the death and 12th year the reign the said queen Eliza final destruction the said lady queen Eliza beth, Charter-House aforesaid, the county
beth, with the intention and design complete and fulfil their traitorous conspiracies and devices, the 16th day Nov. the 11th year the reign
Middlesex aforesaid, and divers others days and places afore and after, falsly and traitor ously took care, and caused sent, deliver
and distributed, several sums money,
aid, assist, and support the aforesaid Charles Q
the said county Wol.
the said queen, Rippon York; their own con
arined execute and singular the treasons and conspiracies aforesaid, the said Thomas earl Northumberland and Anne his wife,
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963] STATE TRIALS, 14 Eliz. 1571. —Trial of the Duke of Norfolk, [934
earl of Westmoreland, and Anne wife of Tho. dignity, title, power, preheminence, and go earl of Northumberland. —And further, That vernment this kingdom England and
the said Thomas duke of Norfolk, the 16th day the same time, him the said Thomas duke of of July, in the 13th year of the reign of the Norfolk, join himself marriage with the said lady Elizabeth, queen of England, at aforesaid Mary, late queen Scots. Charter-House aforesaid, in the county of Mid And further, the Jurors upon their oaths pre dlesex aforesaid, and divers other days and sent and say, That the aforesaid Robert Ri places afore and after, falsly and traitorously dolph had writ and composed three distinct adhered to, aided and assisted James duke of
Chastelleroy, earl of Huntley, Mr. Harris, Mr.
Hume, Mr. Burleigh, and Mr. Firmherst, pub
enemies our said lady Elizabeth, then
queen England. —And further, the Jurors those letters the aforesaid duke of Alva,
aforesaid, upon their oaths, prescut and say, another the aforesaid bishop Rome, and
That whereas Pius Quintus, sometime bishop third the aforesaid Philip king Spain. Rome, was and known deadly and That afterwards the same Thomas duke of
public enemy our said lady queen Eliz. and Norfolk falsely and traiterously intending, wil her kingdom England; that the said Tho. ling, and desiring success and effect from the
duke Norfolk well and truly knowing and understanding this, the 10th day March,
the 13th year the reign the said lady queen Eliz. Charter-House aforesaid, the county, Middlesex aforesaid, and divers other days and places afore and after, with in
tention produce the said traitorous effects, falsly, subtilly, and traitorously consented, con sulted, advised, and procured one IRobert Ri dolph, foreign merchant beyond the seas,
aforesaid false and traiterous messages, by the aforesaid Robert Ridolph, appeareth by
his sending one Wm. Baker gent. one the servants the said Thomas duke Norfolk,
the 20th day March the 13th year the reign the queen, Charter-House aforesaid,
the county Middlesex aforesaid, falsly and
traiterously sent Guerrawe Despeis, embas
sador of said Philip king Spain, de
clare, shew, and affirm the aforesaid ambas
sador the aforesaid Philip king Spain, that he the said Thomas duke of Norfolk had
affirmed and would affirm the aforesaid creden
&c. And that the said king Spain, the
mediation the said duke Alva, did send
into this kingdom England certain army Robert IRidolph, the 24th day March, the
Germans invade and make open and 13th year the reign the said lady Eliz. cruel war against the said lady queen Eliza queen England aforesaid, Dover, the beth. -And also that the same Thomas duke of county Kent, took his journey several Norfolk, the same 10th day March, the parts beyond the seas, order execute, per
said 13th year the reign the said lady fect, and complete the said treasonable mes queen Eliz. aforesaid, and divers other days sages, with the consent and agreement the and places afore and after, Charter-House aforesaid Thomas duke of Norfolk. And as
aforesaid, the county Middlesex afore terwards the aforesaid Robert Ridolph con said, falsely, wickedly, and traitorously con veyed, declared, and communicated the said spired, consented, and agreed with the afore wicked and traiterous messages foreign coun said Robert Ridolph, advance, stir up, and tries and parts beyond the sea, well the
raise within this kingdom
forces and power that
duke Norfolk and any means capable
England, the aforesaid duke of Alva as the aforesaid bi the aforesaid Thomas shop Rome. And that the aforesaid Robert confederates were Ridolph, amongst his many other false and
raising, engaging traiterous Messages, conveyed one Letter
others raise within this kingdom England, unusual characters called Cyphers, which the join with the aforesaid army, and with other aforesaid duke of Alva caused be writ and
subjects this kingdom England, whom the sent Thomas duke Norfolk; which very said duke Norfolk could gather together and letter, declared writ and sent, he the join with the said army the said king said duke Norfolk, the 18th day April, Spain, order make open war against our the 13th year the reign the said queen said lady queen Elizabeth, within this her king Eliz. aforesaid, Charter-House aforesaid,
dom England; and take away and free the county Middlesex aforesaid, falsely and Mary, late queen Scots, out the custody traiterously received and had; and then and and possession our said lady Elizabeth queen there gave and delivered the aforesaid Wm.
England; and the same time deprive, Baker his servant several written pages depose, and eject the most illustrious and Chris known letters, commonly deciphered tian princess queen Elizabeth, from her royak and the said Papers common and known ci
and separate Letters credit, the name the aforesaid Thomas duke Norfolk, for him the said Robert Ridolph, his false, wicked
and treasonous messages aforesaid; viz. one
and out the kingdom the aforesaid bishop
England, send Rome, Philip king Alva, obtain
Spain, and the duke
the aforesaid bishop Rome certain sums money, towards the raising and maintaining
Alva, the Spain com
mas duke of Norfolk had writ them with his own hand. —And further, the said Jurors upon their oaths present and say, That the aforesaid
army invade this kingdom England,
and make war the said kingdom, against the aforesaid lady Elizabeth, queen England,
posed and writ his name, were
intents and purposes, the said Tho
tial letters the aforesaid duke bishop Rome, and Philip king
valid
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and say, That the said Thomas duke of
o
965] STATE TRIALS, 14 Eliz. 1571. -for High Treason. [966.
phers or characters he the said duke afterwards neither hear the same statute alledged, and yet on the 25th day of April, in the 13th year of am put once the whole herd laws, the reign of the said queen Eliz. at Charter not knowing which particularity answer unto.
House aforesaid, in the county of Middlesex aforesaid, falsely and traiterously received, in
and kept them. By which letters of the said rence and humble submission am led think
Robert Ridolph to him the said Thomas duke may have counsel. And this shew, that of Norfolk, amongst other things, are signified you may think move not this suit without any and he makes known what a kind audience and ground. am hardly handled, have had
draw me into matter Treason, which are then and there falsely and traiterously retained not treasons themselves therefore with reve
spected, and read over the said papers, and
reception he the said Robert met with from the aforesaid duke of Alva in his wicked and trai
terous messages aforesaid. And that the said duke of Alva required and willed the friends and abettors of the said confederacy to be ready, whensoever a foreign power should be
short warning, and books; neither Book Statutes, nor much the Breviate Sta tutes. am brought fight without wea
yet remember one case law, think the first year king Henry
one Humphrey Stafford, which was
#io
the case
indicted
allowed him: the precedent his case
kingdom fur
High-Treason,
such, your
of the reign of the said lady queen Elizabeth,
at Charter-House aforesaid, in the county of
Middlesex aforesaid, falsely and traiterously re Then James Dyer, Lord Chief Justice
ceived a Letter directed to him the said duke, from Pius Quintus bishop of Rome; by which
olk, day June, year the 16th of in the 13th
case
forbid allowing counsel After the reading the Indictment, the son; but only
clerk of the crown said the duke IIow Not Guilty.
the point Trea answered Guilty,
sayest thou, Thomas duke Norfolk. art thou Duke. Humphrey Stafford's Case was
guilty these Treasons whereof thou art in High-Treason, and had counsel. must
dicted, manner and sorin thou art thereof submit myself your opinions: beseech you,
indicted, Yea No
Thereupon the Duke began, and said this
effect: May please your grace, and you the
rest my . . . i. here, the hearing this In
dictment giveth me occasion enter into the
making suit, which meant not have
done before my coming hither: beseech you, seech you bear with me, and
favour that the law allows me.
the law will permit that tuay have coun
sel allowed me for the answering this In dictment.
not allow me counsel, must submit me your opinions. beseech you, consider me; my blood will ask vengeance, unjustly condemned honour your learnings and your gravities: beseech you, have consideration
The Lord Chief Justice answered, That
case High-Treason cannot have counsel allowed: and that he was to answer his own
fact only, which himself best knew, and might me, and grant me what the law will permit
without counsel sufficiently answer.
Duke. That you may understand that
speak not without some ground, these the causes that move me make this suit was
you, beseech you, tell me,
told before came here, that was indicted and which parts, that may know what
upon the Statute the 25th Edw.
have had very short warning provide an
swer great matter; have not had hours all, both day and night, and now
should answer.
Lord Chief Justice Catlin. For the sufficiency
your indictment, hath been well debated and considered all; and have oil,
The Indictment containeth sundry points and matters touch me circumstance, and
shew you my ground why crave refer me your opinions therein.
the said bishop of Rome promised to the said
duke of Norfolk, aid, help, and assistances to
wards executing the said wicked and traiterous
designs of the aforesaid Mary, late queen of
Scots, contrary to their due allegiance, and the
peace of our sovereign lady Elizabeth, now
queen of England, her crown and dignity, and
in manifest contempt of the laws of this king fact
dom, as well as the worst and most pernicious ance
example of other delinquents the like lowed, being claimed prescription, and with case, and contrary the form several sta out shewing any formicr allowances Eyre sutes this case made and provided. ” and such like matters; but our Books
the Common-pleas, said My Lord, That case Humphrey Stafford primo Henry was about pleading Sanctuary, for that was taken out sanctuary Culneham,
which belonged the abbot Abingdon: the question was, whether should allowed
sanctuary that case, and with that form pleading, which was matter law which
had counsel, and not upon the point High Treason; but only for the allow sanctuary, and whether might al
weigh what case stand stand here be fore you for my life, lands and goods, my chil
dren and my posterity, and that which esteem most all, for my honesty; forbear speak
my honour. am unlearned; ask any
thing, and not such words
ought, be
me have that the law do
me. am now make another suit my lords the Judges:
my Indictment law; and whether
perfect and sufficient whole, the parts,
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*67] STATE TRIALS, 14 Eliz. 1571–7 rial of with one assent, resolved, and certify have this
Duke Norfolk, [965
you, that pressed, wholly and
the causes the indictment ex needed not
true fact, the indictment every part sufficient.
this present. have chosen rather
point, shall charged for my me
mory was never good, and now worse than ever was. Yet one request more beseech
you, my peers, which with favour may ask, and you with justice may grant; unhappy man that am, though have this Indictment
Duke. Be the points Treasons
Catlin. All Treasons, the
that whereof am charged have chosen, my peers,
come here tried
needless and cowardly running away, have left gap open my enemies slanderously lay my charge my absence what they could maliciously invent. have this day (though am sorry for any cause come
this case before you) even the day that could wish tried such peers. will not enter into particularities, and discourse my whole cause large, but answer from point
truth of the case be so fact.
Duke. will tell you what moveth me ask you this: have heard the case the lord Scroope; was the time Henry the 4th,
you, than with
(the Judges said Henry the 5th) confessed the Indictinent, and yet traversed that the points thereof were Treasons.
Catlin. My lord, had his Judg
ment for Treason upon that Indictment, and was executed. -
Then the Clerk the Crown said again, IIow sayest thou, Thomas duke Norfolk, art
the Treasons whereof thou art manner and form thou art
thou guilty here indicted, indicted, Yea,
No The Duke answered,
Not Guilty. The Clerk said, whom wilt pleaded Not Guilty the Treasons therein ob
the way lawful purgation, have been here this time, nei ther for natters passed two years ago, nor for
Treasons; yet humility, and with Then the Duke spake the lords, and said tears confessed, and some you, my lords,
thou tried The Duke said, God and - jected against me, nor my Peers. confess, have with
thus: Now am not use short speech, here present can witness, that have neglected which meant before have used, but that my duty the queen's most excellent majesty, the reading the Indictment hath driven me cases inferior treason, and that be no
other occasions. Although these heinous parts treason: have laid them at her ma Treasons and outrageous faults objected against jesty's feet, and poured them forth before her me, nouch abash me yet conceive Confession, far my conscience will small comfort, think under how gracious suffer me declare. Let, beseech you, nei queen and sovereign lady live, which well ap ther my Confession already made inferior
compass treason; nor, mine Answers confess them objected against me; lead Trial which the laws admit, and the most you judge the worse me the greater
peareth her most gracious proceeding with faults, that
not
shall now jesty seeketh not my blood, but giveth me the again, they
me according the course law. Her ma
favourable manner that can require; for case. Let each fault have his own pine; which am most bounden her majesty. beseech you, remember the differences and
now much worse than was sore trou ham, and said this effect. hath appeared bles, sore cares, closeness prison, evil rest, your grace and your lordships all, that the have much decayed my memory; pray duke Norfolk this Indictment charged
your degrees offences, and not mix my smaller
Now am make two suits: the one
grace, my Lord High Steward, That your faults with this great cause these meau place requireth justice, may please crimes rest her majesty's feet, where with you extend me your lawful favour, that humility have laid them. Thus beseech may have justice, and that may not over you all, have consideration me.
laid speeches: my memory was never good, Then spake the Queen's Serjeant, Mr. Barr
God, that this day fail me not, and another
time will forgive beseech this you, my lord high steward. The second request,
with three principal points High Treason: the first That forgetting his allegiance and duty his sovereign lady the queen, hath traiterously imagined, devised and practised, deprive and depose the queen's majesty
and from the crown this realm, and her royal
thought make you, my lords,
think myself happy have my Trial company. much greater matter,
peers:
such could
have greater, durst put into your hands, stile, name and dignity, and and very few excepted) even into every one death and destruction and
your hands singly; that opinion have whole state government
you, know religion beareth stroke among second point That bath traiterously re you, which, hope, ruleth your consciences, lieved and comforted the English rebels that that respect you will swerve from jus levied war against her majesty within her tice you will not bring worm into your own realm, and which since fled into Scotland, and consciences; you will not burden your souls from thence beyond the sea. The third point with condemning me wrongfully; you will not That hath traiterously given relief and
what God's law and right alloweth not. maintenance the duke Chastelleroy, the
This above things comforteth me, next unt, earl Huntley, the lord Harris, the lord Hume, her majesty's most gracious favour my law. and other Scots, the queen's majesty's public ful trial. had uot made full account enemies, succourers and detainers the said
bring her alter the
this realm. The
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969]
STATE TRIALs,
Eliz. 1971—for High Treason.
[970
-
-
rebels. To prove these great Treasons, there last trouble, this time there want not is in this Indictment set forth unto you good put abroad the world, and heap things
and sufficient matter; first, to prove that the which never thought; great number duke of Norfolk sought, imagined, compassed such there be, see many here this pre and practised to deprive and depose the queen's sent. They have published, that took majesty of her royal crown, estate and dignity; oath things which afterwards proved con and consequently to bring her to death and de trary; blame me not that mistrust the worst, struction, are alledged two matters: the first because have found the worst. But take
That the duke knowing the Scotish queen away scruple from you, true that took falsely and unjustly claim and pretend title, oath, but not generally, but special points.
have and enjoy the present possession the crown England; and that she untruly usurped the name and stile this realm; and that she gave and quartered the arms Eng land without difference; and that she continued
thereof, acknowledging F. together. ciation and without her heart shall
refused set my hand without expressing that fact, and usurped claim without renun the point; for my hand, my oath, and
error unto the queen's majesty, though she
hath been thereto required He, say, know
ing this, yet without the queen's maj. 's assent
against her majesty's special and express com
mandment upon his allegiance, and against his
own . promise and protestation upon his faith, the scruple such matter have been hath nevertheless secretly sought and practised charged with, and which perhaps you have
And now when take oath points,
draw me the whole, and take pars pro toto, great injury. To prove that took
that oath parts, and not the whole,
that my oath was but n name good witnesses
ca
sently, within three hours after my oath taken, specially report the three points that made
mine oath unto. This, say, take from you
And for further special points, whom did pre
join himself with the said Scottish queen heard me my discredit.
Marriage, and advance and maintain her Then said Mr. Serjeant Barrham, have yet
given Evidence, you
said and pretended title the present and for that Oath are
possession the crown this realm; which not once yet charged withal. have done no cannot withoutpurpose depose and de thing yet but recited the matter contained prive the queen's majesty, and consequently the Indictment; now will bring forth matter
bring her death and destruction. The for the queen Evidence, and will prove the second that the duke Norfolk hath con things the Indictment true. There spired and practised procure strangers are alledged three great Treasons, have enter into this realm, and invade the same, before said; the first only will deal with, that and make open war against her majesty, prove that the duke Norfolk imagined, within her own realm; and forcibly work compassed and conspired, deprive and de her deposing, deprivation, death and destruc pose the queen's majosty, our sovereign lady,
tion. Hereupon the said duke hath pleaded Not Guilty, and for his trial hath put himself upon his peers; yours therefore the trial. And now for Evidence prove him guilty the treasons contained the said Indictment, may please your lordships hear such
her crown and royal estate and dignity; and will use the second matter but for induce ment the first, shewing how the Scotish queen falsely and unjustly claimed the present
possession the crown this realm; and that knowing that the Scotish queen unjustly
claimed the said crown, that she quartered the arms England, that she usurped the style and royal name; that she hath not acknowledged her error, nor renounced her untrue and unjust claim and usurpation, though she hath been required thereunto; and whereto himself hath been privy and hath dealt treaty, chief commissioner for the queen's majesty for that purpose this matter, say, will set out; how knowing this, yet without the assent
shall for the queen bring forth
am occasioned, the speech Mr. Serjeant, gather what shall find the
rest them; meaning with circumstance draw me into treason, with eloquence over
matter against him.
Duke.
lay me, and against me, and treasons indeed.
exasperate matters extremely
enforce things that not beseech you, my masters, your duty, remember equity,
for God's sake
consider conscience, and what am am no
stranger, lau, Christian man, and English express commandment upon his allegiance,
man. You may your duties the queen sulficiently, and yet deal conscionably with me, and heap not, unconscionably, circumstances gloy my memory. Go directlyto the Indictment,
praise nor glory you overlay me.