unbelieving faithful matters wholly spiritual, points of edification, preparing to Godwards, where is then the Treason? But were these reasons impertinent, yet it is a custom with all students beyond the seas, when any man learned or well thought of draweth a treatise touching either conscience or good behaviour to copy it out and to carry it about with them, not thereby aiming at any faction or conspiracy, but for their own proper knowledge and private in

struction.

Johnson would neither grant to the Supremacy, neither held any resolute opinion of the pope's authority in his Bulls and Excommunica

tions.

Eliot, a Witness, deposed against Johnson, that at Christ's Nativity come two years being at my lady Peter's house, he fell into acquaintance with one Pain a priest, that exercised the office of a steward in the house, who by reason that he was appointed to be his bedfellow grew into a further familiarity with him, in so much that at length he ventured to dissuade him from his Allegiance to her majesty, and to become subject to the Pope; affirming, that her highness could not live for ever, and that shortly after her days the Catholic religion should be restored. For the furtherance whereof the Catholics beyond the seas had already devised a practice, which is this, that fifty of them (whereof either should know other) Should come to the court furnished with privy coats, pocket dagger and two-handed swords, attending until her majesty should take the air or go on some petty progress, and then some of them should set upon her majesty, some upon the Lord Treasurer, some upon the earl of Leicester, some upon sir Francis Walsingham, and others upon others the favourers of this heretical religion, there to kill her majesty and take her by the hair of the head unto an horse to be lugged and haled up and down to the joy of all Catholics and distress of all heretics, of which so Pain asked this deponent if he would be one; adding further that if he had place and opportunity convenient he would stab her majesty with a dagger himself, for he thought it no more unlawful to kill her than to kill a brute beast. After which communication Pain not finding this Deponent so conformable unto him as he hoped, and receiving a bitter and flat refusal of his ungracious proffer, conveyed himself away and was no more to be heard of. Whereupon this Johnson now arraigned came to the Deponent and enquired what was become of Pain, to whom he answered, that he knew not. Then said Johnson, he is gone beyond the seas for fear you would discover his secrets, and therefore here I forewarn and conjure you not to disclose any thing that Pain hath told you, for if ,you do you stand in state of damnation.

Johnson. I never in my life had any such talk with him, nor uttered any such speeches tending to any such matter.

Bristowe's Examination was read, wherein he had acknowledged her majesty his lawful queen and governess, and that notwithstanding

ought that the pope had done or could do, she was his Supreme Head.

Queen's Counsel. What was then the cause of your coming into this realm? for it seemeth by your sudden arrival and journeying with the rest that you were also a party, and furtherer of their purpose.

Bristow. I have to my mother a poor widow, who besides had one other son, with the company of whom during his life she was well paid; but it pleased God afterwards to dispose him at his mercy and to deprive my mother of his future succour. She taking the matter very heavily, used what means she might possible for my return, she sent letters after letters, and those so importunate that while I could, I must needs come home. The which was the only cause of my arrival and not any other, God is my witness.

Munday. Anthony Munday deposed against Bristow, that he should say he was cunning in fire works, and that shortly he would make a confection of wildfire, wherewith he would burn her majesty when she were on the Thames in her barge, and the deponent swore further, that he heard it spoken beyond the seas, that whosoever had not the watchword, which was "Jesus Maria," should be slain.

Bristow. I call God to witness I never suffered such thoughts, nor never had any such cunning in fire works, and therefore he sweareth the greatest untruth that may be.

Kirbie in his Examination for the Supremacy and the pope's authority, was of no other opi nion than was Campion.

Sleidon, a Witness, deposed against Kirbie that being beyond the seas this Kirbie came to his bedside and counselled him to beware how he dealt with any matters in England, for there would come a great day wherein the pope, the king of Spain and the duke of Florence, should make as great an alteration as ever was. He deposed, that Kirbie was at a sermon of Dr. Allen's, who then persuaded the priests and seminary men to take their journey into England, to remove the Englishmen from their obedience to her highness, and to persuade them to aid the pope and his confederates. He deposed, moreover, that beyond the seas he spake with one Tedder a familiar friend of Kirbie's, of whom he Deponent demanded, whe ther he were of kin to her majesty, for that his name was Tedder, whereunto he answered, that if he knew himself of kin to that Whore of Babylon, that Jezebel of England, he would think the worse of himself as long as he lived, but one day he would make a journey into England, and if it were possible dispatch her out of the way.

Kirbie. As I hope to be saved at the last Doom, there is not one word of this Deposition, that concerneth me, either true or credible, neither at any time made I the least mention of that alledged day, neither was I present at any Sermon so preached, but I always bore as true and faithful heart to her majesty as any subject whosoever did in England, insomuch

that I never heard her majesty evil spoken of, but I defended her cause and always spake the best of her highness: it is not unknown that I saved English mariners from hanging, only for the duty I bore to her majesty with the love and good will which I bore to my country, but you that have thus deposed, when was this Sermon (that you talk of) so preached? at what time of the day?

They all thanked his lordship, and said they could not otherwise affirm but that they had found of the Court both indifference and justice.-Whereupon Campion made this Speech to the Jurors.

Campion. What charge this day you sustain, and what accompt you are to render at the dreadful Day of Judgment, whereof I would wish this also were a mirrour, I trust there is not one of you but knoweth. I doubt not but in like manner you forecast how dear the innocent is to God, and at what price he holdeth

Munday, a Witness, deposed against Orton, that he being at Lions in France said unto this deponent, that her majesty was not lawful queen of England, and that he ought her no kind of obedience: the deponent said further, that this Orton made suit unto Dr. Allen, that he might be one of the pope's Pensioners, whereunto Dr. Allen would not agree, unless Orton would become a priest or seminary man, which he refused.

Orton. I utterly deny that I ever had any speech with the Witness, cither at Lions or elsewhere, but he manifestly forsweareth himself as one that having neither honesty nor religion, careth for neither.

The same all the parties indicted did affirm, and that he was an Atheist; for that beyond the seas he went on pilgrimage, and received the Sacrament, making himself a Catholic, and here he taketh a new face and playeth the Protestant, and therefore is an unfit and unworthy Witness to give in evidence or depose against life.

pleaded to the death; here you do receive our lives into your custody; here must be your choice, either to restore them or condemn them. We have no whither to appeal, but to your consciences; we have no friends to make there but your heads and discretions. Take heed, I beseech you, let no colours nor inducements deceive you; let your ground be substantial, for your building is weighty. All this you may do sufficiently, we doubt not if you will mark intentively what things have been treated, in three distinct and several points. The speech and discourse of this whole day consisteth, first, in Presumptions and Probabilities; secondly, in matters of Religion; lastly, in Oaths and Testimonies of Witnesses. The weak and forceless Proof that proceedeth from conjectures are neither worthy to carry the Verdict of so many, nor sufficient evidence for trial of man's life. The constitutions of the realm exact a necessity, and will that no man should totter upon the hazard of likelihoods; and albeit the strongest reasons of our accusers have been but in bare and naked Probabilities, yet are they no matters for you to rely upon who ought only to regard what is apparent. Set circumstances aside, set presumptions apart, set that reason for your rule which is warranted by certainty. But Probabilities were not the

The Prisoners took exception to another of the Witnesses, which of them I know not, for that he was a murtherer, and had slain two men already well known by his own Confession and acknowledgment: for the which reason he was no sufficient nor allowable Witness.

These matters thus sifted, and that the Jury should pass, one of the Justices said to the Jurors, All the matter resteth in this, whether to believe the Prisoners that speak for their lives, or the Witnesses that come freely to depose as they are demanded, the Witnesses affirm sufficient Proof against them; they deny whatsoever is alledged.

Lord Chief Justice. You that be here indicted, you see what is alledged against you. In discharge whereof, if you have any more to say, speak, and we will hear you until to-morrow morning. We would be loth you should have any occasion to complain on the court, and therefore, if ought rest behind that is untold, that is available for you, speak and you shall be heard with indifference.

discussed, they were also points of doctrine and religion, as excommunications, books, and pamphlets, wherein a great part of the day hath been as unfitly consumed. Insomuch as this very day, you have heard not only us, but also the pope, the king of Spain, the duke of Florence, Allen, Sanders, Bristow, Espigneta, and many more arraigned. What force excommunications be of, what authority is due to the bishop of Rome, how mens consciences must be instructed, are no matters of fact, nor triable by Jurors, but points yet disputed and not resolved in Schools, how then can be determined by you, though wise, yet lay, though otherwise experienced, yet herein ignorant. But were it so that for your knowledge and skill in divinity ye might seem approved censurers of so high a controversy, yet are they no part of all our Indictment, and therefore not to be respected by the Jury. You perchance would ask of me, if these prove nought against us, what then should we enquire of, for these, set aside the rest, is almost nothing? pardon me, I pray you, our innocency is such

that if all were cut off, that hath been objected either weakly or untruly against us, there would indeed rest nothing that might prove us guilty, but I answer unto you, that what remaineth be Oaths, and those not to rest as proofs unto you but to be duly examined and fully considered, whether they be true and their deposers of credit. In common matters we often see witnesses impealed, and if at any time, their credit be little, it ought then to be least when they swear against life. Call I pray you to your remembrance how faintly some have deposed, how coldly others, how untruly the rest; especially two who have testified most. What truth may you expect from their mouths, the one hath confessed himself a murderer, the other well known a detestable Atheist, a profane heathen, a destroyer of two men already. On your consciences would you believe them? They that have betrayed both God and man, they that have left nothing to swear by, neither | religion nor honesty. Though you would believe them, can you? I know your wisdom is greater, your consciences uprighter; esteem of them as they be, examine the other two, you shall find two of them precisely to affirm that we or any of us have practised ought that might be prejudicial to this state or dangerous to this commonwealth. God give you grace to weigh our causes aright, and have respect to our own consciences, and so I will keep the Jury no longer. I commit the rest to God, and our convictions to your good discretions.

The Jury departed under their Warden's custody, where they staid an hour, and then returned and pronounced all Guilty.

Anderson. Forasmuch as these Prisoners here indicted and arraigned in their Arraignment undertook to be tried by God and their country, and by the Verdict of a whole Jury, directly and by most sufficient and manifest Evidence, are found Guilty of the said Treasons and Conspiracies: we pray your lordship to accept of the Verdict, and in her majesty's behalf to give Judgment against them as Traitors.

Lord Chief Justice. Campion and the rest, what can you say, why you should not die.

Campion. It was not our death that ever we feared. We knew that we were not lords of our own lives, and therefore for want of answer would not be guilty of our own deaths. The only thing that we have now to say is, that if our Religion do make us Traitors we are worthy to be condemned; but otherwise are

and have been as true subjects as ever the Queen had any.

Lord Chief Justice. You must go to the place from whence you came, and there to remain until, &c. from thence, &c. you must be drawn &c. unto the place of execution. +

All the Prisoners, after this Judgment given, stormed in countenance, crying they were as true and faithful subjects as ever the queen had any. Only Campion suppressed his affection and said thus:

[Here follows a rhapsodical collection of scraps of texts of Scripture, and of heads of arguments for and against some Doctrines of the church of Rome. It is not inserted, because the MS. is in some places iilegible, in others unintelligible, and because no part of it's contents, seems to have any peculiar relation to the Trial.]

* "Edmund Campion was born in London 1540, and educated at Christ's Hospital, where he delivered an oration before queen Mary at her Accession. He was afterwards elected to St. John's College Oxford, by Wite, the Founder, and received great applause for an oration which he spoke before queen Elizabeth, when she visited the University. In 1568 he went to Ireland, and wrote an History of the country, in two books; but the suspicion of favouring the Catholic tenets rendered him unpopular, and he fled to the Low Countries. Here he renounced Protestantism, and entered into the body of the Jesuits at Douay, and from thence passed to Rome, where he was received as a true and useful convert. He wrote a tragedy called Nectar and Ambrosia,' which was acted before the Emperor at Vienna, and for six years he taught Rhetoric and Philosophy at Prague, till he was commissioned by Pope Gregory xiii, to pass over to England in 1580. In this delicate employment he used all the arts of cunning and insinuation, but though he seems to have challenged the English clergy to a trial of skill, yet he discovered too much ve hemence and impetuosity, and when discovered by the emissaries of Walsingham, he was drag ged to the Tower, and being found guilty of High-Treason for adhering to the Pope, the Queen's enemy, he was hanged and quartered at Tyburn, 1st Dec. 1581." Lempriere.

+ See the "Letter to Don Bernardin Mendoza." 1 Harl. Misc. 142. Lond. 1808, and "The Execution of Justice in England, &c. without persecution for questions of Religion," &c. 2 Harl. Misc. 137. Lond. 1809.