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 beat 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. a | 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 men 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 to 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, civa 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, Wm. Bennet, Tuchnon, Snoden, and Ithel, and divers others, were closely kept in 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 affirm 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 him. Then there was an O yes made by the of the north, the lord Sands, the lord WestSerjeant at Arms, and the Court, together with worth, the lord Rich, the lord Willoughby of iny 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.' Whereupon the earl of Arundel was carried back to the Tower, where after several reprieves he died a natural death, October 19, 1595, having been prisoner there ten years and six months; four years whereof passed before he was brought to his Trial. 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 cor respondence 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 amongst the Harleian Manuscripts at the British Museum; the other in Mr. Collins's Peerage, under the title of The Duke of Norfolk. But on comparison, we find the former to be only an old translation from the Latin edition of Camden's Elizabeth. As to the latter, though Collins cites a Manuscript in the possession of the Howard family, yet he adds scarce any thing of consequence unnoticed by or different from Canden, except that Bennett, one of the witnesses against the earl, is represented previously to the Trial, to have addressed a Letter to hitn, in which he acknowledged, that he was forced into a confession to the injury of the earl, by fear of the rack, and there-Treason, but an ancient one of Edw. 3.' In fore prayed his forgiveness. We endeavoured to procure access to the Manuscript cited by Collins, with an intention to have gratified our readers with a copy of it: but the application failed of success." Hargrave.] Extract from 2 Kenn. Compl. Hist. 2d ed. p. 551. On the 18th April 1569, was Philip Howard, earl of Arundel, arraigned in Westminster-hall, and tried by his peers, before Henry earl of Derby, who was created Lord-High-Steward of 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 Being demanded to answer, whether he was Guilty or not Guilty? he turned himself to the Court and Judges, and made these challenges one after another, Whether such a number of Articles might lawfully be put into one and the same Impeachment?' They answered in the affirmative. Then he demanded, Whe'ther presumptive arguments bore any weight in an Indictment?' He was answered, That 'he might except against them as far as he 'pleased.' Another demand was, 'Whether 'he could stand accused of those things charg 'ed to be Treason, in the 13th of queen Elizabeth, after the time limited in the said Act? They then promised him,' He should not be tryed upon any other law or act of High the last place, he demanded, If that were a 'fair Indictment, which failed grossly as to circumstances both of time and place? The answer was, That these things signified little, if the matter of fact were proved.' After this, being asked a second time, whether he were Guilty or not? he answered Not Guilty, and submitted himself to God and his peers; but desired them to spare his memory, which was impaired by his imprisonment, and ill health, and not to over-charge it with too much variety. 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 師 ། struction, was a plain inviting of him to invade | whom therefore Allen must needs know to be England. The earl made answer, That all he ill-affected to his country, by what he had heard intended by it, was the promotion of that faith, pass before in the Star-Chamber. Then were by the accession of new proselytes. Popham, read also the Confessions of the lord William, the queen's Attorney-General, endeavoured to the earl's brother, with those of his sister, the prove, by the Confessions of Savage, Throck- lady Margaret, and his own letters, when he morton, and Babington, that this could not had thoughts of leaving the kingdom. And this possibly be understood of a free conversion gave occasion to magnify the queen's clemency upon the strength of argument; but of a pub- afresh, who would not suffer him (at that very lick invasion by force of arms. Shuttleworth, time) to be examined on an Article of Treason, a Serjeant at Law, made it appear out of the but barely on a point of Contempt. To these form of the Proclamations put out against the Charges the earl answered in the gross, That Jesuits and Seminary priests, on what designs as for the Picture, it was a trifle presented they were sent into England: That they were him by his man: That indeed he had protraitors, he proved from the earl's own words; 'mised to assist the cardinal in the promotion who, upon the hearing of Valonger's cause in of the Catholick faith, but never at the exthe Star-Chamber, in relation to a scandalous pence of his prince and country: That what Libel of his, said publickly, That an hearty he had written in relation to the Sentence of papist could not but be as thorough a traitor.' his grand-father and father, was extant upon But for all this, men of this very principle were record, and so any one might read it: That a among the earl's greatest intimates. It was 'be was not at all concerned in what the carurged moreover, That he had espoused the dinal or the queen of Scots might write about faith of the Romish church, and became of him, since he stood clear as to fact: That consequence a subject to the Romish see; but it was impossible to restrain other mens pens: this he flatly denyed, and demanded that any That he had indeed some design of acting unEvidence might be produced to prove him a der the prince of Parma, in the wars abroad, professed catholick. He acknowledged indeed, since the rigour of the laws against Cathothat he had in some instances made Burges his licks made it not safe for him to stay at home: confessor; whereupon it was debated, that 'That the Attorney had managed the Letters none were admitted to the sacraments of the ' and Confessions, at the same rate that spiders church of Rome, but such as were reconciled to 'do flowers; that is, sucked all the poison out her doctrine and worship; but he was admitted of them; but he, for his part, was able to by Gratley, a priest, and therefore a papist extract out of them something more useful, before, at least in his heart. This Popham might he be permitted to see them.' Then Jaboured to prove from his own Letters, and were read Allen's Letters to the queen of Scots, that he intended likewise to withdraw beyond with those of the bishop of Ross, about invadsea; that he was an absolute creature of car- ing England, that very year he designed to dinal Allen, and conformed entirely to his mea- quit it; and the bull of Sixtus Quintus, and seBures; for which he was guilty of High-Trea- veral remarks made on Allen's Memorial to the He then produced Gratley's and Mor- English, printed at Antwerp 'the year before. gan's Letters to the queen of Scots, and made He was likewise charged with having assumed from thence this inference, that the earl owed this title, Philip duke of Norfolk, which was his change in religion more to sourness and found among his papers: and it was Allen's spleen, than to conscience and conviction. advice, that he should in some degree mend Then was produced an emblematical piece his title. These things were brought against found in the earl's cabinet, which had on one him as convictions of Treason before his impriside an hand shaking a serpent into the fire, sonment. Egerton, the Solicitor-General, havwith this motto, If God be with us, who shall ing summed up and repeated the particulars of be against us?' and on the other, a lion the Charge, proceeded upon a threefold disrampant, without claws, and with this inscrip- tinction of time, viz.Before the arrival of tion, Yet a lion.' He moreover added, That the Spanish fleet; at the instant of its coming; the earl designing to quit the kingdom, was and after it fled: And that he had been guilty persuaded by the cardinal to alter his purpose, ⚫ of treason since his confinement: Before the as being a person likely to do the church of fleet appeared, he had been guilty of treason, Rome more service by his stay in England, in wishing it happy success; when it was ar than his departure thence; that in a letter to the rived, in making a form of prayer suitable to queen, the earl had reflected severely on the his wishes, and causing the mass of the Holy justice of the laws, in reference to the scn- 'Ghost to be said, and a course of devotions to tence of death denounced against his grand-be used for 24 hours together; And then when father and father; that the queen of Scots had the fleet was gone, in lamenting its defeat recommended him to Babington, as the great with all the marks of an extraordinary sorrow; patron of the Catholick interest; that Allen as if he had fixed his last hope, and best conhad owned that the aforesaid Bull was pro-fidence, in the Spanish armada, which was cured 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 son. fitted out with a design to ruin bis 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. Bennet'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 proAigate 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 bis 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 a 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 ELIZ. Feb. 31, A. D. 1588. [MS. in Caius 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 themselves 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 in her great wisdom duly considered the great : Hereupon sir Richard Knightly began to an swer, and most humbly besought their lordships to consider of his simple wit, and weak capa city, 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 affirmed 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 he 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, be 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 then 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 s", 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 a 4 M |