copy of the Prayer again, and would not have it copied. He was charged, That he did conjure sir Thomas Gerrard, knt. to keep counsel in all these matters before set down, who promised him, he would. Bennet also promised to keep his counsel, and divers others. Then were sir Thomas Gerrard, Mr. Shelley, Bennet the priest, and divers others, removed from the Tower to several other prisons, and upon examination confessed all as aforesaid, My Lord hearing all these matters laid hard against him by Mr. Solicitor, grew into some agony, and called for his accusers face to face; which the learned counsel did not yet yield unto. He was likewise charged, That he came once merrily to Bennet the priest in the Tower, saying, Come, Mr. Bennet, let us pray, that the Spaniards may bent down London-bridge;' and promised to give him a damask gown shortly, and that he hoped to make him dean of Paul's ere it were long: that the time of their delivery was at hand, and willed him in any wise to be secret, for, if he should reveal these things, he would deny them to his face. When news came to the Tower, that the Spanish Fleet was driven away, my lord said, We are all undone; there is no hope for us this year, and the king of Spain cannot provide such a power again these five or six years, some of us may be dead and rotten ere that time. Faction, that the earl of Arundel should be General of the Catholics, when the Tower should be surprised. To Walton, my lord took exception, affirming, that he was a naughty lewd fellow, who had sold that little land he had to three several men: and of the other witnesses he said, that some were attainted, some indicted, bad inen and prisoners, and that their words were worth little credit. Then said Mr. Popham, they were never tortured, but confessed all this willingly, and they are such, as you have accompanied. Here ended every man's speech, and the noblemen and peers of the Jury went together. My Lord humbly having submitted himself to the consideration of his peers, with protestation of loyalty; the Lieutenant brought him from the bar unto a seat near unto the court of Common-Pleas, where the Warders attended upon him. My Lord Steward likewise withdrew himself a little while, as it seemed, to take some refreshment; having all the day for the time of his business, forborn to eat any thing; and presently returned to his seat of state. Within one hour after, the noblemen of the Jury came every one back, and were again placed by Garter King at arms. Then Mr. Sandes asked every man of the Jury, severally, beginning at my lord Norris, the youngest baron, and proceeding to my Lord Treasurer, the foreman, whether the Prisoner were Guilty, yea, or no? Which every one of them, laying their hands upon their hearts, did protest in their consciences, and upon their honours, that he was Guilty. Then was the Lieutenant called bring his Prisoner to the bar, who was brought accordingly, attended as before. Then said Mr. Sandes unto him, That he had been indicted of several Treasons, and that he had put himself upon the trial of his peers, who had found him Guilty; and therefore asked, why Judgment should not be given against him. There were then brought into the Court, vivá voce, upon their several oaths, Anthony Hall, and Richard Young, a justice of the peace, who aimed something by hearsay to the Proof of the former matter. Also sir Thomas Gerrard, Win. Bennet, Tuchnon, Snoden, and Ithel, and divers others, were closely kept in a place over the King's-Bench, closed in with arras, and were thereupon severally called into the Court, viva voce, upon their several oaths, to athrm that which is specified before : sithence Mr. Solicitor began to speak, how this Mark Bennet the priest was charged with a Letter written to my lord wherein he should be sorry for the opening of these matters as aforesaid against my lord. One Randal had writ this Letter in Bennet's name, by advice of my lord of Arundel, to blind his practices. Bennet openly denied the writing of that letter; whereupon my lord Grey and my lord Norris asked Bennet, if he knew of the Letter, yea, or no? For the better Evidence, Bennet confessed, he had been moved to such a matter, but he did it not.-Against sir Thomas Gerrard, my lord stood very stoutly in denial of what he Then my Lord's Grace pronounced Judgwitnessed, willing him to look him in the face, ment, viz. That he should be conveyed to the and charging him as he would answer before place from whence he came, and from thence God, in whose presence he spoke, to tell no- to the place of execution, and there to be hangthing of him but truth. In answer whereof, sired until he were half dead, his members to be Thomas referred himself to his Depositions before read, to which he said he was sworn; yea, twice sworn. There were called into the Court two Witnesses more, viz. one Walton, and one Church, who justified Letters were brought from England to Rehnes, where they both were; which Letters were sent by one Hill, one of my lord's Whereupon my Lord making three very low obeysances upon his knees, did humbly submit himself to my Lord Steward's Grace, and the favours of the rest of the nobles and peers there present, and besought them to be mediators for him, that he might obtain at her majesty's hands, to have order taken for his debts, and to have conference with his officers, and to talk with his wife, and to see his infant, born after his imprisonment, whom he had never seen. cut off, his bowels to be cast into the fire, his head to be cut off, his quarters to be divided into four several parts, and to be bestowed in four several places: and so (said my Lord Steward) the Lord have mercy on thy soul ! To this the earl of Arundel said, as it were softly to himself, Fiat voluntas Dei. And so having made a low obeysance to the State, the Lieutenant took him away; Mr. Shelton going | Willoughby of Eresby, the lord Morley, the before him with the edge of the ax towards lord Cobham, the lord Grey, the lord Darcy hin. Then there was an O yes made by the of the north, the lord Sauds, the lord WentSerjeant at Arms, and the Court, together with worth, the lord Rich, the lord Willoughby of my Lord Steward's Commission, dissolved: Parham, the lord North, the lord St. John of which done, my lord of Derby took the white Bletnesho, the lord Buckhurst, the lord Lawand out of Mr. Winkfield's hand, and broke Ware, and the lord Norris. the same in pieces; and every man cried, ' God save the Queen.' Being ordered to hold up his hand, he did so, and moreover used this expression, Behold here a clean hand and honest heart! The heads of his Impeachment were much the same with those mentioned before, Ann. 1586, viz. "That he held a very strict intimacy and correspondence with cardinal Allen, Parsons the Jesuit, and other conspirators, who attempted the ruin of their prince and country, by stirring up foreigners and the queen's natural subjects to bring in Popery, to the total destruction of both: that he had engaged by Letters conveyed by Weston, alias Burges a priest, to assist the said cardinal in advancing the catholic cause, and to that purpose had designed to withdraw privately out of the kingdom: that he was privy to the bull of Sixtus Quintus, which dethroned the queen, and made over her dominions to the Spaniards: that when he was a prisoner in the Tower, he had caused mass to be said for the happy success of the Spanish Armada, and had himself composed a special prayer on that occasion.” "An Account" (the preceding) " of this Trial is in the first volume of the present Work” (i. e. | the last edition of the State Trials) "with a reference in a note to Camden's Elizabeth, as if the Trial was extracted from that work. But the fact is, that they are different relations of the same Trial; and as Mr. Camden's account, though not so full, appears to us more clear and intelligible, and at the same time occupies little room, we thought that it would not be unacceptable to our readers. It is therefore here given from the English translation of Camden, in bishop Kennet's complete History of England. There are two other narratives of this Trial; one Being demanded to answer, whether he was amongst the Harleian Manuscripts at the Guilty or not Guilty? he turned himself to the British Museum; the other in Mr. Collins's Court and Judges, and made these challenges Peerage, under the title of The Duke of one after another, Whether such a number Norfolk. But on comparison, we find the of Articles might lawfully be put into one and former to be only an old translation from the same Impeachment?' They answered in the Latin edition of Camden's Elizabeth. the affirmative." Then he demanded, WheAs to the latter, though Collins cites a Ma- ther presumptive arguments bore any weight nuscript in the possession of the Howard in an Indictment? He was answered, That family, yet he adds scarce any thing of con- 'he might except against them as far as he sequence unnoticed by or different from pleased.' Another demand was, 'Whether Camden, except that Bennett, one of the he could stand accused of those things chargwitnesses against the earl, is represented pre- 'ed to be Treason, in the 13th of queen Elizaviously to the Trial, to have addressed a beth, after the time limited in the said Act? Letter to him, in which he acknowledged, that They then promised him, He should not be he was forced into a confession to the injury tryed upon any other law or act of Highof the earl, by fear of the rack, and there- Treason, but an ancient one of Edw. S.' In fore prayed his forgiveness. We endeavoured the last place, he demanded, If that were a to procure access to the Manuscript cited by 'fair Indictment, which failed grossly as to cirCollins, with an intention to have gratified cumstances both of time and place?' The anour readers with a copy of it: but the appli-swer was, That these things signified little, if cation failed of success." Hargrave.] 'the matter of fact were proved.' After this, being asked a second time, whether he were Extract from 2 Kenn. Compl. Hist. 2d ed. p. 551. Guilty or not? he answered Not Guilty, and On the 18th April 1589, was Philip Howard, submitted himself to God and his peers; but earl of Arundel, arraigned in Westminster-hall, desired them to spare his memory, which was and tried by his peers, before Henry earl of impaired by his imprisonment, and ill health, Derby, who was created Lord-High-Steward of and not to over-charge it with too much variety. England on this particular occasion. The persons summoned to attend this Trial, were these following peers: William Cecil lord Burleigh, lord-high-treasurer of England; William lord marquis of Winchester; Edward earl of Oxford, lord-great-chamberlain of England; Henry earl of Kent, Henry earl of Sussex, Henry earl of Pembroke, Edward earl of Hertford, Henry earl of Lincoln, the lord Hunsdon, the lord 6 Puckering, the Queen's Serjeant at Law, opened the first part of the charge, viz. That cardinal Allen having engaged with the Jesuits and others against his prince and country, upon which account he was banished the kingdom; yet he the said earl had kept up a correspondence with him by letters, and had expressly written to him to advance the Catholick interest, which, by a fair and modest con whom therefore Allen must needs know to be ill-affected to his country, by what he had heard pass before in the Star-Chamber. Then were read also the Confessions of the lord William, the carl's brother, with those of his sister, the had thoughts of leaving the kingdom. And this struction, was a plain inviting of him to invade England. The earl made answer, That all he intended by it, was the promotion of that faith, by the accession of new proselytes. Popham, the queen's Attorney-General, endeavoured to prove, by the Confessions of Savage, Throck-lady Margaret, and his own letters, when he morton, and Babington, that this could not possibly be understood of a free conversion upon the strength of argument; but of a publick invasion by force of arms. Shuttleworth, a Serjeant at Law, made it appear out of the form of the Proclamations put out against the Jesuits and Seminary priests, on what designs they were sent into England: That they were traitors, he proved from the earl's own words; who, upon the hearing of Valonger's cause in the Star-Chamber, in relation to a scandalous Libel of his, said publickly, That an hearty 'papist could not but be as thorough a traitor.' But for all this, men of this very principle were among the earl's greatest intimates. It was urged moreover, That he had espoused the faith of the Romish church, and became of consequence a subject to the Romish see; but this he flatly denyed, and demanded that any Evidence might be produced to prove him a professed catholick. He acknowledged indeed, that he had in some instances made Burges his confessor; whereupon it was debated, that none were admitted to the sacraments of the church of Rome, but such as were reconciled to her doctrine and worship; but he was admitted by Gratley, a priest, and therefore a papist before, at least in his heart. This Popham laboured to prove from his own Letters, and that he intended likewise to withdraw beyond sea; that he was an absolute creature of cardinal Allen, and conformed entirely to his measures; for which he was guilty of High-Treason. He then produced Gratley's and Morgan's Letters to the queen of Scots, and made from thence this inference, that the earl owed his change in religion more to sourness and spleen, than to conscience and conviction. Then was produced an emblematical piece found in the earl's cabinet, which had on one side an hand shaking a serpent into the fire, with this motto, If God be with us, who shall be against us?' and on the other, a lion rampant, without claws, and with this inscription, Yet a lion.' He moreover added, That the earl designing to quit the kingdom, was persuaded by the cardinal to alter his purpose, as being a person likely to do the church of Rome more service by his stay in England, than his departure thence; that in a letter to the queen, the earl had reflected severely on the justice of the laws, in reference to the sentence of death denounced against his grand-be used for 24 hours together: And then when father and father; that the queen of Scots had recommended him to Babington, as the great patron of the Catholick interest; that Allen had owned that the aforesaid Bull was procured by the applications of a person of figure in England; which could be no other than the earl, because no one nobleman besides, was so intimate with Allen as himself, and 6 and after it fled: And that he had been guilty ' of treason since his confinement: Before the 'fleet appeared, he had been guilty of treason, in wishing it happy success; when it was arrived, in making a form of prayer suitable to his wishes, and causing the mass of the Holy 'Ghost to be said, and a course of devotions to the fleet was gone, in lamenting its defeat with all the marks of an extraordinary sorrow; as if he had fixed his last hope, and best con'fidence, in the Spanish armada, which was fitted out with a design to ruin his prince and country.' These particulars were all made out against him by sir Tho. Gerard, kt. Will. Shelley, condemned for treason, ann. 1586, Bennet, a popish priest, and some other prisoners. He then muttered in a broken and imperfect kind of tone, that the prayers he made, and the masses he performed, were in order to deprecate a massacre he had heard was designed against the Catholics. Gerard's Evidence he roundly denied; and as he adjured him to declare nothing but the truth, and represented before him the dreadful solemnity of the last day, he so terrified and scared the Evidence, that he hardly was able to speak one word to the purpose. Bennct's attestations he endeavoured to invalidate, as being a man of a tarnished reputation, and who had contradicted himself in his confessions. The rest he taxed as persons impeached, and prisoners, and men likewise of a loose and profligate character; who were far from deserving credit, and who might be suspected to have the liberty of using his conversation with a design to ensnare him in the quirks of the law. Having received a check for this, as too indecent and bold a challenge: upon the Evidence for the queen, at the solicitor's motion, an antient law of Richard 2nd was read, whereby it was declared, That the crown of England was under the command of none but God alone, and that the bishop of Rome had no manner of authority over it. It now growing towards night, and nothing being produced farther against him, the earl was ordered to withdraw: He threw himself wholly upon the Judgment of his peers, protesting his obedience to the queen, and heartily praying they might come to such an issue, as might be most for the glory of God, the safety of the queen, and the integrity of their own honour and conscience. They then went aside, and held a debate, which lasted an hour, and in points of law they consulted the opinion of the Judges and Serjeants. Being returned to their seats, the clerk of the crown demanded of them, Whether the earl were Guilty or not? At which every one of them putting his hand to his breast, as the custom was, declared upon his honour and conscience, that he was Guilty. Then being asked if he had any thing farther to say, why sentence of death should not pass upon him? he only said the same words which his father had done before him, in the same place, God's will be done. Sentence being pronounced, he desired leave to speak with his wife, and that he might see his young son, who was born since his confinement; that he might have the liberty to speak with his stewards, who had the accounts of his estate, and that his debts might be discharged: He likewise humbly desired the queen would take his young son into her favour and patronage. Then the Lord Steward brake his staff, the badge of his place; and the earl was carried back to the Tower, the ax being carried before him, with the edge towards him. There were a great many that most heartily lamented the untimely fall of this young nobleman, (for he was not above 33 years of age at the most) and as many on the other side were ready to cry up the queen's wisdom and caution, who by this example had struck & kind of terror into the more powerful part of the Romish faction. The queen after all gave him his life, and was well enough satisfied in having lessened the power of so considerable a man, and one who was so great a bulwark of the Catholic cause. 67. The Arraignment of Sir RICHARD KNIGHTLY, and others, in the Star-Chamber, for maintaining seditious Persons, Books, and Libels: 31 ÉLIZ. Feb. 31, A. D. 1588. [MS. in Cajus Coll. Cambridge, Class A. 1090. 8. p. 206.] ON Friday, the 13th of February, were brought as prisoners to the bar, before the lords in the High-Court of Star-Chamber, sir Richard Knightly, Mr. Hales, sir Wickstone,* and his wife, whose offences hereafter follow. And first, Mr. Attorney-General Popham began, That the prosperous and happy state of her majesty was not unknown unto them all that were present, and so dilated thereon, &c. until two enemies had chosen to disturb this quietness, viz. the papists abroad, who by foreign arms, &c. and the seditious sectaries at home, whereof there are lewd people; next the Brownists and their fellows: but justice had been done on these men, and the law executed. But there is another sort of sectary, that are of no settled state, but seek to transform and subvert all. These men would have government in Neale's Hist. of Puritans, vol. 1. p. 507. every several congregation, severally in each province, in every diocese, yea, in every pa rish; whereupon would ensue more mischief than any man by tongue can utter: they them selves cannot agree among themselves, but are full of envy and emulation; for what greater emulation than to fall to contention, and from contention proceed to violence? But they stay not here, nor contented with railing against the church and the state thereof, but proceed to court and the commonweal, that all things might contribute to preserve unity among the brethren; no law, no order left, all propriety of things taken away and confounded.-But of what sort of people are these sectaries? Of the very vilest and basest sort, and these must make confusion of all state, and so advance themselves in their congregations, this their course and this their purpose; so the heel should govern the head, and not the head the heel, if these men be allowed, Her majesty | farther, in these books they affirm that the time doth offer them a great opportunity, as though all things would be suffered in this so troublesome a time, rather than they should any way be disquieted. And for sirWickstone, albeit he knew the press was in his house, yet he kept secret, and would never dis cover it, but came many times, and did visit there at the press; and his wife, by whose procurement and persuasions with her husband, they were first received into his house, did often relieve them with meat and drink, and gave them money in their purses. This is the substance and sum of their Offence, which if they will deny, uncontestable and manifest proofs shall be produced against them, And so he concluded. in her great wisdom duly considered the great danger of these inconveniences, took order that no pamphlets or treatises should be put in print, but such as should be first seen and allowed; and farther, lest that were not sufficient, she ordained that no printing should be used any where but in London, Oxford, and Cambridge. Notwithstanding, all this served not, but they would print in corners, and spread abroad things imprinted; wherefore her majesty set forth a proclamation in anno 25, that all Brownists books, and such other seditious books should be suppressed and burnt. Afterwards, when their new, seditious, and infamous libels were spread abroad, her majesty in February last set forth another proclamation, that all her subjects might take warning: but because no reformation is had, she now holds it necessary to proceed in justice: And therefore these men, now prisoners at the bar, but answer to their offences, and receive according to their demerits and first for their faults. Sir Richard Knightly being a great man in his country, a deputy lieutenant, who had the government thereof, a seditious and lewd rebel came unto him to have place and entertainment with him, and there sir Richard received him to print: Sir Richard doth confess that Penry told him he would set forth such a like book as he had beforetime set forth for the government of Wales. That book contains sedition and slander most opprobious; and yet sir Richard was contented such a like book should be printed. But farther, sir Richard sent his man a ring for a token to receive the press into his house, who did so, and there they printed the Epitome, Walgrave himself being the printer; this is a most seditious and libellcus pamphlet, fit for a vice in a play, and no other: but then the parson of the parish having found out the printing, told sir Richard that it was very dangerous; whereupon sir Richard caused him to take it down; but neither disliked nor discovered it, but kept it secret, and read the books himself. Again, when it was told him that his house would be searched for the press, he said he would course them that come to search his house; beside, at his recommendation Walgrave was commended unto Mr. Hales, and there had entertainment, and there The Supplication to the Parliament,' was printed by Walgrave, and published by Newnan, sir Richard's man; and another book, viz. Have you any Work for the Cooper?' was there printed likewise. Therein the sectaries themselves confess, that inconvenience would ensue of this government which they so sought to establish; but yet it must be brought in, because they were so determined. And from Mr. Hales's house in Coventry, these books and this press must be conveyed to sir Wickstone's, where Martyn senior, and Martyn junior were both printed; wherein these libellers say, That all laws that any way impugn this doctrine of theirs are not to be obeyed in any cause: then if this be suffered, confusion and disorder must needs ensue. VOL, I, But Hereupon sir Richard Knightly began to answer, and most humbly besought their lordships to consider of his simple wit, and weak capacity, not able to speak in such a place, and before so honourable an assembly; and said, that these mishaps which were now so aggravated against them, were a punishment imposed by God, to put him in mind of other his grievous crimes committed against the majesty of the most highest. He athrmed constantly that he was no sectary, but of that religion, that self-same religion, which he hoped all they which were then present were of, and so be trusted were all other her majesty's loving subjects. And if he should speak any thing amiss, he desired them not to impute it to his ill disposition, but to his wants, which were many, and the more, by reason, of his late imprisonment: and said, he was right glad that their honours were ordained by God, and appointed by her majesty to be his judges at whose hands he was sure to receive nothing but justice wherefore be besought them to be an intercessor and mediator to her majesty in his behalf, against whom, for any offence committed, or against the state, to his knowledge, he was as clear as any present, and as good a subject as ever came to that bar. He utterly disclaimed the books, and denied to have any familiarity to his knowledge with those that were the writers of them; and shewed that the press was brought into his house upon this reason: there was a book that before-time was printed in Oxford, which to his knowledge was never called in; this book was written by one Mr. Penry, who requested sir Richard that this book might be printed again in his house, and in respect of the want of learning, which he knew to be in the ministry, he did the rather incline an ear unto. For although he must needs confess there were in the ministry some good, yet to his thinking, for one good, there were forty bad; yea, so bad, as he thought them not worthy to sweep the church; and therefore his zeal for the furtherance of God's glory caused him to allow of this book. This, as he said, was about St. James tide was twelve-month, and he had heard nothing thereof again until All-hallow-tide following; and said, that the press was never in his own house, but in 44 |