: sion, when she was first (out of the shell) married into France, her dissembling of it in her widowhood, by laying the fault upon her late husband, and yet then seeking to be proclaimed heir apparent in the life of her eldest sister, (for she never called her dear sister) which was a dangerous step to her purpose. After, in her second marriage, her bloodiness in consenting to her husband's murder, and upon that, flight and deprivation; her protection here by our queen not only in life, but in honour; yet her assenting to the purposes of the duke of Norfolk; and yet after that, though then our queen would not suffer her for that to be touched, nor any way disabled, as many would have had her, not only agreeing to traitorous plots, but also complotting with them, and therein going beyond them all, so as we could never be in quiet, but we had a Somervile, and then an Alden, then a Throckmorton, then a Parry, and now lately Abington and Babington; her majesty at length was forced to use a little severity with her accustomed mercy, and one ounce of one with ten of the other. For even in this proceeding against her, she might have been by the statute of Edw. 3, by a Jury of esquires and gentlemen, attainted and burned, and her blood corrupt; yet her majesty did chuse by a new order to deal more honourably with her. Then he came to this fact of Mr. Davison's, which he amplified by the consideration of her majesty's mind in all this, proceeding as the other did before the thing he took to be Misprision and Contempt in our law, punishable by fine and imprisonment; and he said, that Misprision and Contempt is to do any thing contrary to, or besides the prince's commandment in point of Justice, not in other things; as Justices of Westminster to sit out of Term, to raze Indictments or Records; and so he gave other examples, as in the Ministers of the Law, viz. Sheriffs to execute their offices, to return knights to the Parliament without their Oaths. So this thing then being so high a point of justice, was not in any respect to be done otherwise than her majesty's express commandment would bear, especially not with such haste, when she expressly declared her mind to the contrary; wherein Mr. Davison may seem by this haste, if her majesty had any other purpose, to have prevented her, and God might otherwise have turned her mind; for it is not strange to hear of mutation in her majesty in respect of this, as in the Execution of the duke of Norfolk, day and day was appointed, and often her majesty declared her unwillingness and lothfulness to have put him to death, if otherwise the law might have been satisfied. The commandment to impart it to sir Francis Walsingham in especiality, was an excluding the rest in generality; and farther, what he told my Lord Treasurer could not be gathered of her majesty's words, but rather the contrary; and the instrument was not so peremptory and irrevocable as he took it, nor a sufficient Warrant for any kind of proceeding against the Scotish Queen, neither for the associates, nor for any other: for the last Statute, besides the condition and Proclamation, doth require the queen's direction, and that must be either general, that all men may do it, which is not here granted; or particular, who, or by what means: neither is there here any such, especially her majesty having no knowledge of the thing done. Fur ther, she was the Queen's prisoner, and therefore no man might pretend to take her away, or deliver her without special privity from the queen: and lastly, he shewed, that the good intent was no warrant to transgress duty; whereof he put a case or two, as where Judgment of death is given against one, and the Sheriff, for that he is a notorious thief or traitor, will hang him presently, before the Justice depart out of town. 3. Lord Anderson.-He noted a difference in law between Misprision and Contempt, that one was larger than the other, and both in point of justice, and might be when the Warrant of a Justice, or a Commissioner's Letter in such matters is not directly and straitly observed; and urged, that a Secretary should be secret, and that it was his duty to have an express commandment. 4. Sir Gilbert Gerrard, Master of the Rolls. -He handled the same matter that before is spoken by others, but somewhat otherwise. 5. Sir James A-Croft.-He shewed his mind indifferently, with protestations of his good-will and good opinion of the man; that it was a rare example, and committed, as he thought, for want of experience more than for want of duty. 6. Lord Lumley. He was somewhat sharp. Such Commissions of execution are sent to Sheriffs; you no sheriff, ought to be very particular for such great personages; you had no more Commission than I, &c. and of likelihood you have hereby prevented other good purposes, which God might have put into her majesty's mind, and herein you have seduced so many grave Counsellors, &c. If you were my brother, I would think ten times so much to be little enough, &c. 7. Lord Gray. He proposed very vehemenly the great exigence the good gentleman was in at that time: My good lords, consider, quoth he, and call to mind in what case we were daily, there came advertisement of forces come and arrived in Ireland, in Wales, advertisements from abroad, from our provinces at home, even within 15 miles of this City, of rising, firing, breaking up holders, yea of the destruction of her majesty's royal person: if otherwise than well had come to her majesty's royal person, which of us would not have run to him, and torn him with our hands? My lords, why should Davison be more zealous and forward for his prince than we? After he replied to that of iny Lord Chief Baron, that the telling of sir Francis Walsingham did not exclude the rest, as he proved, but rather implied and presupposed that the rest should know it: for without this especial information, he being sick in his house, and so absent from the Court, erat. 8. Earl of Lincoln said little to the purpose. could not in any due time have knowledge of | jesty's purpose to forbear her death, which it. After he agreed to the Punishments but could not be unknown to Mr. Davison; for wished that her majesty should have compas- such things are by no means to be wrested sion on him to encourage others that were zea- from princes, God will extraordinarily move lous to deserve well of her and the state, and their hearts, and when it shall be most for his so he ended. Vulgique secutum ultima murmur | glory. This example he said, might be dangerous and inconvenient hereafter; and therefore he concluded it rather a mischief than an inconvenience, and so agreed to the punishment. 13. L. C. J. Wraye as chief, concluded the matter, and pronounced Judgment judicially upon the grounds alledged before of others, which he enforced, &c. And after, as from her majesty, spake somewhat to justify her proceedings in all these matters, and to declare that she did not for this impute any fault to her Council, for that they were misled by this fore. 11. Archbishop of York discoursed theologically of the necessity and worthiness of the virtue of obedience, even strictly to princes in all things: and that non faciendum malum ut inde veniat bonum, adding the difference between bonum and bene, (as before my Lord Chief Justice of justum and juste, which I forgot aforeman's undue suggessions. to relate) and good intents do not make the fact excusable, and that he ought to have a direct, express, and iterated command; whereto he cited a Rule out of Civil Law, (wherein he said he was so sound and conversant) to this purpose, If the Prince commanded aliquid magnum de libera, tenta si persistat, et habe secundam jussionem: he concluded, he did agree to the punishment, but was sorry that Mr. Davison, of whom he had heard so well, should fall into this cause, he could not help it; a wiser man might bave been led with zeal, and none of us would have it undone. Mr. Davison submitted himself to the judgment of the queen's mercy, and requested that he might propose a question, which he took upon his credit to be such as they would not dislike, and therefore he had leave; and a request. His question was, If this being in my hands, her majesty had miscarried, what should have become of me? To this, sir Walter Mildmay and my Lord Chief-Baron answered, that my lord Gray had moved it already. His request was not for mitigation of his Fine, nor for enlargement of Prison, although he could never in all his life worse bear it than 12. Archbishop of Canterbury, having said now; much less for his former estate: than first somewhat of her who troubled us all only that he might with her majesty's favour both alive and dead, and theologically of mise-enjoy any condition whatsoever, requesting ricordia puniens, as out of the Psalm, where God plagueth the enemy of his Church, for his mercy endureth for ever;' for this present matter, he said, non factum, sed modus, was in question, a thing done, as he thought, unfeignedly of zeal, and that which might have been better done in consideration of her ma them to be intercessors for this. Nothing to this was said, but they arose and departed. These I am sure are the principal matters by any of them uttered, so far as by myself, or by my conference I could recal to mind. Ex Autographo Gulielmi Nutti, qui oculatus testis adfuit. 66. The Trial of PHILIP HOWARD, Earl of ARUNDEL, before the Lords, for High Treason: 31 ELIZ. 18th of April, A. D. 1589.* FROM the outward Bar in the King's-Bench, there was a Court, made of 30 foot square, within which was a table of 12 foot square, covered with green cloth; and in the same Court were benches to sit upon, covered with green say. In the midst of the same Court, at the upper end, was placed a cloth of state, with a Chair and Cushion for the Lord Steward: from the midst of the same Court, to the midst of the hall, was built a Gallery for the Prisoner to come upon to the Court, in length 110 foot, and in breadth 15 foot, and in height from the ground 6 foot, railed round about, and going down with seven steps.Between eight and nine of the clock in the morning, the earl of Derby, Lord Steward his grace, entered the Hall, attended by divers noblemen and officers, four Serjeants at arms, Opposite against my lord's grace did sit the 4. The Names of the Commissioners on the Right-Hand sitting upon a lower Bench, under 4 L nobles, and others there present. Then did Mr. Sandes, Clerk of the Crown, say he was indicted of several Treasons, and said unto him, Philip Howard, earl of Arundel, late of Arundel in the county of Sussex, hold up thy hand,” He held up his hand very high, saying, 'Here is as true a man's heart and hand, as ever came into this Hall.' the Lords of the Jury. 1. Sir Francis Knowles, kt. Treasurer of the Houshold. 2. Sir James a Crofts kt. Comptroller of the Household. 3. Sir John Parrat, one of her majesty's most honourable Privy-Council. 4. Mr. Wolley, Secretary of the Latin tongue, of the PrivyCouncil. 5. John Fortescue, Master of the Wardrobe, and of the Privy-Council. 6. Dr. Dale, one of the Masters of Request to her Mr. Sandes then read the INDICTMENT: majesty. 7. W. Fleetwood, Serjeant at Law, "That whereas divers traitorous persons, in and Recorder of London. 3. Mr. Rockby, the parts beyond the seas, being natural EngMaster of Requests, and Master of St. Cathe-lish-men, viz. Dr. Allen, Parsons, Champion, rine's. Mott, and divers others, have heretofore, diThe Names of the Commissioners on the vers and sundry times, with sundry persons, as Left-Hand. 9. The Lord Chief Justice of Eng-well Englishmen as of other countries, practised land, sir Christopher Wray. 10. The master to accomplish and bring to pass several danof the Rolls, sir Gilbert Gerrard. 11. The gerous and unnatural Treasons against the Lord Chief Justice of the Common-Pleas, Ed-queen's majesty, her royal person, crown and mund Anderson. 12. The Lord Chief Baron of the Exchequer, Roger Manwood. 13. Justice of the Common-Pleas, William Periam. 14. Justice Gawdy, of the King's-Bench. The Serjeant at arms, usually attending on the Lord Chancellor, named Roger Wood, was commanded to make an O Yes three times. Then Mr. Sandes, Clerk of the Crown, read the Commission. And sir Francis Knowles, kt. gave up the Verdict of the great Assize. Then was called Matthew Spencer, Serjeant at Arms, to return his Precept; which was returned and read. After that the noblemen and peers of the Jury, for his Trial, were severally called by their names, as followeth: 1. William lord Burleigh, Lord Treasurer of England. 2. Edward earl of Oxford, Lord Great Chamberlain of England. 3. William lord marquis of Winchester. 4. Henry earl of Kent. 5. Henry earl of Sussex. 6. Henry earl of Pembroke. 7. Edward earl of Hereford. 8. Henry earl of Lincoln. 9. Henry lord Hunsdon, Lord Chamberlain of her majesty's Household, 10. Peregrine Lord Willougby of Eresby. 11. Lord Morley. 12. Lord Cobham. 13. Arthur lord Gray. 14. Lord Darcy, of the North. 15. Lord Sandes. 16. Lord Wentworth. 17. Lord Willoughby of Parham. 18. Lord North. 19. Lord Rich. 20. Lord St. John of Bletsho. 21. Lord Buckhurst. 22. Lord De la Ware. 23. Lord Norris. Then the Lieutenant of the Tower was called to return his Precept, and to bring forth his Prisoner, Philip earl of Arundel. The earl came into the Hall, being in a wrought velvet gown, furred about with martins, laid about with gold lace and buttoned with gold buttons, a black sattin doublet, a pair of velvet hose, and a long high black hat on his head; a very tall man looking somewhat swarth-coloured. Then was the earl brought to the Bar, with the ax carried before him by Mr. Shelton, gent. porter of the Tower, being accompanied with sir Owen Hopton, kt. lieutenant of the Tower, sir Drew Drury, constable of the Tower for the time, Mr. Henry Bronkard, and others. At my lord of Arundel's coming to the Bar, he made two obeysances to the state, and to the dignity, viz. to subvert the state, invade the realm, to set up catholic Religion, to raise insurrections, &c. among which number of unnatural Traitors the earl of Arundel was well acquainted with that notorious Traitor Dr. Allen, by means of Bridges, Weston, Ithill, and other popish priests, with whom, divers times, sithence the 20th year of her majesty's reign, he hath had private and secret conference, and communication of several treasons; insomuch, that the earl of Arundel did presently dispatch his several Letters by Bridges aforesaid, to Dr. Allen, to wish him at any hand to do something concerning the Cause Catholick; wherein he promised to perform any thing that Dr. Allen should think fit for him to do. And whereas, the 24th day of April, in the 27th year of the queen's reign, he was flying by sea to Dr. Allen, that arch-traitor; and that the bishop of Rome, and the king of Spain, were thereupon solicit ed by Allen aforesaid, to raise war against this realm: And whereas also the earl of Arundel had understanding of a Bull, that Sextus the fifth, pope of that name, had sent into England for the Excommunication of her majesty, and for the invading of the realm, &c. And that at the Tower, the 21st of July, in the 30th year of her majesty's reign, he did imagine, with other traitorous persons, that the queen was an Heretic, and not worthy to govern the realm; and that he did move and procure one William Bennett, a seminary priest, to say mass for the happy success of the Spanish Fleet; whereupon he had mass, and did help to say mass himself, to that purpose: And having news of the conflict at sea betwixt the Spanish fleet and the English, he procured sir Thomas Gerrard, and divers others, then prisoners in the Tower, to say mass with him for the fortunate success of Spain: and that he made a prayer specially for that purpose to be daily used and exercised amongst them." Hereupon Mr. Sandes asked the earl of Arundel, if he were Guilty, or not Guilty of the several Treasons comprised in the said Indictment? To this the Earl answered, he would fain know, whether the several Points in the Indictment contained were but one Indictment, yea or no? The Judges satisfied him, it was but one Indictment, and a matter he need not stand upon. He desired to know, if they could proceed against him for the Treasons in the statute of 13 Eliz. after the six months were expired; to this be was answered, That they did not proceed against him on that statute, but on the 25th Edw. 3. After this, being called upon to plead, he pleaded Not Guilty; and said, he was well contented to be tried by his peers, and liked the Trial well, that he should be tried by such good noblemen there present, that knew his life: He said, he had been prisoner four years, and twenty-five weeks close prisoner, and that he had been sick and weak, whereby his memory might fail him; and therefore humbly desired my Lord Steward's grace, making three several obeysances on both knees, that he might be heard to make answer to every particular point. My Lord Steward answered, that there was no other meaning nor intent, and that he should be heard deliberately. to sound noblemen and gentlemen in England. Then said my Lord, How prove you me to be a Traitor in these points? Because, said Mr. Popham, you have confederated with Traitors by desiring Dr. Allen in your Letters to employ you any way, that concerned the cause Catholic: because you have been reconciled to the pope; and there was a law made in the 22d year of this queen, That whosoever was reconciled to the pope from the obedience of the queen's majesty, was in case of Treason. My Lord confessed, That Bridges did confess him, but not reconcile him in any such sort, but only for Absolution of his sins. Mr. Popham charged him, That he did once submit himself, but sithence fell from his Submission, and therefore practised new Treasons. He confessed he was acquainted with the priests, and by two of them had been absolved and confessed. My Lord denied, that ever he came to the church after that time. There was a Letter sent to the queen of Scots by Morgan of France in commendation of two priests, wherein he saith, one of them had reconciled the earl of Arundel. Sithence which time, said Mr. Popham, he came to the church, and fell to the Catholic Then did Mr. Serjeant Puckering deliver to Cause again, which he cannot do by their the Lords of the Jury, the effect of the Indict-order, unless he be reconciled. ment, and other Evidence at large as followeth : First, that my lord had private and secret Conference with Bridges aforesaid, and divers other Traitors and Seminary priests; and that he had written his Letters to Dr. Allen, to find which way he might further the cause catholic. That he did fast twenty-four hours, and prayed for the happy success of the Spanish fleet. That Allen and others, being arrant Traitors, bad taken order, that in the 22d year of her majesty's reign, there should be 50 men in privy coats, and pocket-daggers, to kill the queen; and that one Pain, and one Elliot, were put in trust to perform the same. That my lord was a catholic, and favoured their proceedings. My Lord answered, He was no Catholic in the 22d year of the queen's reign. Edmonds a priest upon Examination, said, that Reconciliation was odious. My Lord said, These be but allegations and circumstances, and that they ought to be proved by two Witnesses. It was justified, he said, once in the StarChamber amongst the lords there assembled concerning a Libel there in question, That whosoever was a priest or papist was an arrant Traitor. Mr. Popham said, it was a Discontentment made my lord a Catholic, and not Religion; and that he did disguise himself in shadow of Religion. That he secretly was flying out of the realm to Dr. Allen, being an Arch-Traitor; which doth argue my lord to be no good subject. There was a Picture shewed, that was found That Throckmorton practising his Treasons by in my lord's trunk, wherein was painted a sounding the ports, he did set down in his hand bitten with a serpent shaking the serpent Catalogue, that a South-west wind would serve into the fire, about which was written this from Spain to Arundel-castle in Sussex, and an poesy, Quis contra nos? On the other side easterly wind from the Low-countries. That in was painted a lion rampant, with his chops all Throckmorton's Catalogue of all the names of bloody, with this poesy, Tamen Leo. My lord all the noblemen and gentlemen of every shire said, one Wilgrave's man gave him the same, that affecteth the Catholics; he began in Sussex, with a pair of hangers for a New-year's gift. and set down the earl of Arundel's name the One Jonas Meredith being examined, about his first. That further, one Mott a priest informed communication with a town's-man who comThrockmorton, that he was come over to sound mended my lord of Arundel for his forwardthe intents of the earls of Arundet and Nor-ness, in that he had often observed my lord at thumberland, and others. My Lord answered, when Mott was in Sussex, he never came there, but always attended at Court. Mr. Puckering said, the Traitors have a good conceit of my lord of Arundel, in knowing him to be affected to the Catholic cause. It was defined, that the Catholic cause was mere Treason. Petro Paulo Rosetto came over Paul's Cross: this Jonas answered, that he knew he had often been at Paul's Cross in the forenoon, and hath heard a mass with him at the Charter-Imouse, in the afternoon. To this my lord said nothing, but seemed to deny it. My lord being examined in the Tower, of his sudden going away to sea, he answered, To serve the prince of Parma, or whither Dr. Allen should direct him for the Cause-Catholic. My lord said also, he was going away for fear some statute should be made in the 22d of this queen's reign against the Catholics in that parliament; and that Dr. Allen advised him that he should not go over, if he could tarry here in any safety, because he might be the better able to make a party in England, when they came. Before my lord's going to sea, he wrote a Letter to be given to the queen after he was gone, wherein he found fault with her hard dealing in giving countenance to his adversaries, and in disgracing him; and that he was discontented with the injustice of the realm towards his great grandfather, his grandfather, and his father. My lord said, Holinshed* was faulty, for setting forth in his Chronicle, that his grandfather was attainted by act of parliament, but shewed no cause wherefore. He said in his Letter, his grandfather was condemned for such trifles, that the people standing by were amazed at it; he found fault also with the proceedings against his father. Whereby it is apparent, said Mr. Popham, it was Discontentment moved my lord, and not Religion and fearing lest his friends should think amiss of him, he left a copy of his Letter with Bridges a Traitor to be dispersed, to make the Catholics to think well of him; for, said Mr. Popham, being discontented he became a Catholic, and being so great a man he became a captain of the catholics, which is as much as to be a captain over Traitors. A counterfeit Letter was made 22 days before his going to sea, directed to one Baker at Lynn, there being no such man abiding; wherein was signified, that my lord was very hardly dealt withal by some of the council, and that he was gone into Sussex, and a farther voyage, and that he would come home by Norfolk. This was a counterfeit Letter, said Mr. Attorney, appointed by my lord to be dispersed, to make it known he was discontented. Also Allen sent a Letter to the queen of Scots in cyphers, shewing a great party in England. Allen sent my lord word, if he did come over, he must take a greater title than that of earl upon him, and therefore addrest my lord in this style, To Philip duke of Norfolk, earl of Arundel.' Babington in his Examination said, the queen of Scots sent him word that the earl of Arundel was a fit man to be a chief head for the Catholics. Allen sent word to Rome, that the bull which was last sent over into England, was at the intercession of a great man in England. My lord (said Mr. Popham) was one' of the principallest, and acquainted thus far with Allen: Ergo, my lord of Arundel, that great man. Dr. Allen made a most villainous and slanderous Book, which was very hard to be got, in which was contained, That the earl of Arundel was a procurer of the last Bull, and the procurer of the Invasion also. The Boll itself was some part read, and the Book was part read also. My lord being charged on his Confession, being examined, *Holin. Chron. fol. 3. p. 976. b. 1 why he would be ruled thus by Dr. Allen, he excused it by saying, that he said he would be ruled by Allen in all things, saving in that did concern her majesty and the state; and thereupon appealed to my Lord Chancellor, and sir Walter Mildmay, who were not present. The Book aforesaid intended, that my lord was a practiser with Allen about the Invasion. Then said my lord, be would serve the queen against all princes, pope, or potentates whatsoever. The Queen's Solicitor stood upon these Points; and because it was proved, that the earl of Arundel would be ruled by Allen in any thing that should concern the Catholic cause: And for that Dr. Allen hath since that time practised divers monstrous Treasons, and continually hath built upon the help of some chief man in England, there is none yet known of his degree, that hath any thing to do with Allen; and therefore my lord must needs be culpable of all the Treasons Allen hath practised and procured, in flying to Allen to serve the prince of Parma, ut antea. My lord was charged with relieving of divers Traitors, as priests; and that he did converse, and was confederate, with divers and sundry Traitors attainted, indicted and suspected, being prisoners in the Tower, and that he had mass in the Tower; and that if the Spaniards should surprize the Tower, sir Owen Hopton should be put to the rack-house. He was also charged, That divers Papists, Seminaries, and such like, being prisoners in Newgate, and other prisoners, reported, that they hoped to see the earl of Arundel king of England, and that cardinal Allen should direct the crown of England. "Before the coming of the Spaniards Fleet, when our Commissioners were in the Low Countries, news was brought to the Tower, that we should have peace betwixt Spain and England; then would my lord of Arundel be pensive. When the Spanish Fleet was upon our coast, and news was brought to the Tower, that the Spaniards sped well, then the earl would be merry. Then when news came, the English Fleet sped well, the earl would be sorry. When news came, the Spanish Fleet was come upon the coast of Kent, my lord said, It is a great wood, and a puissant fleet, we shall have lusty play shortly, I hope we shall plague them that have plagued us. My Lord said, He would not fight against any that came to fight for the Catholic faith. He said, when the Spanish Fleet was at sea, he would have three masses a day for the happy success of Spain. He said also, He would have continual prayer without ceasing for a time, for the good success of Spain, viz. he would have every twenty-four hours five priests to pray two hours a-piece for the defect of laymen, and fourteen laymen to pray every one an hour apiece for the happy and fortunate success of Spain. He made himself a special Prayer for that purpose, and caused copies in haste thereof to be made. Mr. Shelley, then Prisoner in the Tower, told my lord, That to exercise that Prayer were dangerous, and wished my lord to let it alone: therefore my lord called for the |