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hedge, where she had seen two men go over; which hedge proved to be part of the out-bounds of very many inclosed grounds, some overgrown by fern and brakes, and others sown with rye, pease, or oats, &c.

Whereupon a strict guard was put very near one another, round those out-bounds, whilst other foot and horse did beat within. These guards kept their several posts so well, that, though the late Duke and the Brandenburgh attempted, at least thirty times, to make their escape out, yet they always found each guard ready; and, upon their last attempt to escape, two of the troopers, firing on them, made them immediately to retire, and hide themselves a-part from each other, in some of the adjacent ditches, where they were afterwards found.

Upon the eighth day, by five of the clock in the morning, the Brandenburgh was found; who, upon examination, confessed, that he parted with the said late duke, within the same out-bounds, about one of the clock that morning: whereupon, every individual person, being encouraged thereby, and by the hopes of having a share in the five thousand pounds (as was before agreed on in the field) did renew the pursuit of him with the strictest search and diligence imaginable; and, about seven of the clock of the same morning,one Henry Parkin, servant to Samuel Rolles, Esq; happened to discover the said late Duke hid in a ditch, covered with fern and brakes, and, calling to two of the Sussex troopers that were by him, all three seized him together: Sir William Portman, happening to be near that place rid presently in, and quieted those that cried, Shoot him, Shoot him! He laid hands on him, as his prisoner, and so preserved him from all violence and rudeness; and immediately, in the same instant, the Lord Lumley came in, and agreed, that Sir William Portman should search him; which was done, and, as soon as they had found his George, they dispatched that, with the news, to his Majesty, by Captain Bickely and Mr. Chaldecot, Sussex and Dorset gentlemen.

The prisoners, after this, were kept two nights at Ringwood. On Friday, the Lord Lumley discharged the foot there, and, with the said three troops of the Sussex horse, and one troop of the Dorset militia, commanded by Captain Fownes, they were conveyed to Winchester, where joined them two troops of his Majesty's in pay, and two of the Northampton militia troops; all which conducted them to Farnham Castle upon Saturday the 11th, and the next day to Guilford, and upon Monday the 13th to Vauxhall, where a regiment of the Lord Dartmouth's received them, with other troops of his Majesty's in pay, and thence, by barge, they were carried to Whitehall.

The papers and books, that were found on him, are since delivered to his majesty.

One of the books was a manuscript of spells, charms, and conjurations, songs, receipts, and prayers, all written with the said late duke's own hand.

Two others were manuscripts of fortification and the military art. And a fourth book, fairly written, wherein are computes of the yearly expence of his majesty's navy and land forces,

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. And, as for his gold, only twenty guineas were given to the said Parkin, and ten guineas a-piece to the two troopers that first seized him; and the rest was returned to the said late duke. As the prisoners passed through Rumsey, Winchester, Farnham, and Guilford, one would admire to see the very great numbers of the militia, with the deputy lieutenants, and gentlemen of those parts, that were ready to guard them, and take off the fatigue of such as were on the march.

Within doors, none but commission officers were trusted to watch by them; and, besides those, the Lord Lumley and Sir William Portman took their turns to watch in person, night and day, from the time of the taking of the said late duke, until they had delivered him safe at Whitehall, from whence he was conveyed to the Tower.

THE ARRAIGNMENT*

OF THOMAS HOWARD DUKE OF NORFOLK,

BEFORE

THE EARL OF SHREWSB UR Y,

LORD HIGH-STEWARD OF ENGLAND>

Alio a brief derivation of the most Honourable Family of the Howards; with an account of what Families they are related to by Marriage.

Transcribed out of ancient Manuscripts, never before published.

Printed by Nathaniel Thompson, at the entrance into Old Spring* Garden, near Charing-Cross, 1685. Quarto, containing thirtyfour pages.

To the High and Mighty Prince Henry, Duke of Norfolk, Earl Marshal of England, Earl of Arundel, Surrey, Norfolk, and Norwich; Baron Howard, Mowbrey, Seagrave, Brewes of Cower, Fitz-Allen, Warren, Chun, Oswaldestry, Maltrevers of Coles, Graystock, Farnival of Sheffield, and Howard of Castle. Rising; Constable and Governor of his Majesty's Royal Castle of Windsor, Lord Warden of Windsor-Forest, Lord Lieutenant of the County of Norfolk, Surrey, and Berks, and of the City of Norwich, and County of the said City: and Knight of the most Noble Order of the Garter, Sfc.

My Lord, AS your Grace is the chief of your illustrious family, it would ap-. pear as rudely improper to dedicate this discourse to any other, as perhaps it doth an unbecoming presumption to present it to the honour of your hands; and, since there is no avoiding a crime, the,

• Vide the With Article in the catalogue of Pamphlets in the Harleian Library.

least mUst be admitted, for which I hope to obtain a pardon with less difficulty, from that excessive goodness which is your character, thari I have had to collect these scattered papers (slubbered with antiquity) which were long preserved in your family, and hastily thrown into this posture, by

My Lord, your Grace's most humble And most faithful servant,

J. LACY.

T. HE names of the lords summoned by Thomas Edwards, serjeant at arms, who, being called, came, and sat down in their places appointed: they that sat on the right-hand of the steward are noted with the letter A, and they that sat on the left-hand with the letter B.

EARLS.

Kent A.
Worcester B.
Sussex A.
Huntington B.
Warwick A.

Bedford B.
Pembroke A.
Hertford B.
Leicester A.

LORDS.

Mourdaunt A.

St. John B.

Rich A.

North B.

Shandois A.

St. John of Bostock B.

Buckhurst A.

De la Warre B.

Clinton A.

Howard of Effingham B.

Burghley A.

Grey of Wilton B.

Montjoy A.

Sands B.

Wentworth A.

Bourghrave B.

Then was Robert Catlin, Lord Chief Justice of England, commatided to return his precept upon peril, which, being returned, was read, statute issues, and then the lieutenant of the Tower was called to return his precept, and to bring forth his prisoner the Duke of Norfolk: then was the duke brought to the bar, between Sir Owen Hopton, lieutenant, and Sir Peter Carew; and, next Sir Peter, stood one holding the tower-ax, with the edge from the duke. The duke immediately, at his coming to the bar, perused all the lords, first on the right-hand of the steward, then on the left-hand; and the lieutenant delivered in his precept, versus Thomam Ducem Norfolk, &c. And then was proclamation made, every man to keep silence; and Mr. Sands spoke to the prisoner in this manner:

Thomas Duke of Norfolk, late of Kennington in Norfolk, hold up thy hand; which done, he read the indictment, the effect whereof was, 'that he, the 22d of September, anno Dom. 1570, did traiter'ously compose and imagine to put to death our sovereign lady the 4 queen, to raise rebellion, to subvert the commonwealth, and to 'stir up foreign enemies to invade this realm, and to levy war

A

* against the queen; for that he knew Mary late Queen of Scots to 'have claimed the crown of this realm, and to have named herself 'queen of England, and bore the arms of our queen without diifer

* ence; did, the 22d oTScbtember, anno prcedicf, before and after, t~OTm'pose, and imagine to deprive, destroy, and put to death our

* sovereign lady the queen, to raise rebellion, to subvert the com'monwealth, and to stir up foreign enemies to invade this realm, and

* to levy war against the queen; for that he knew Mary late queen 'of Scots to have claimed the crown of this realm, and to have named

* herself queen of England, and bore the arms without difference;

* did, the 22d of September, anno~prcedict\ before and after, without

* the consent of our said queen, send divers tokens and letters to the

* said late Scottish queen, and lent her divers sums of money, and 'received divers tokens from her, contrary to the commands of the

* queen, and contrary to his own submission and promise under his 'hand and seal; and that he knowing the late Earls of Northumber

* land- and Westmorland, the northerns, Markenfield, and others,

* which had levied war against the queen, the 16th of November, an

* no prcedicf, and had assembled, to the number of a thousand per'sons, and then fled the 12th of December anno prcedicf, into Scot

* land, and there were received by the Duke of Castol Herald, Lord

* Hunne, and there pursued by the Earl of Sussex: He, on the 7th of 'August anno prcedicf', did send, before and after, money unto them,

* and that he being adherent to the pope, the queen's enemy, the '10th of March, 12 anno regince, did consent and consult with Ro

* bert Radolph, merchant stranger, and the pope's factor, to have

* money from the pope, and the duke of Alva, and that they should 'send an army to invade the realm, to deliver the said Scottish queen.

* And further, whereas the said Robert Radolph had written, in the

* name of the said duke, three letters, one to the Pope, the second to

* King Philip, and the third to the Duke of Alva; the said Duke sent

* his servant to the ambassador of King Philip, to desire him to cer

* tify the Pope, King Philip, and the duke, that he allowed of the 'same letters: and that they should be taken as sent from him, which 'was so agreed; but the said Robert Radolph, who delivered the

* Duke of Norfolk's cyphers, whereof he carried one copy to Rome, 'whereby each might certify others, and likewise required of the 'said duke what time the aid should arrive, that they might be pro'vided: And further, that the said duke did receive letters from the 1 said pope, with promise of the said aid: and also, that he did send

*comfort to the Lord Ferris, and other Scots, the queen's enemies, '&c.' Which indictment being read, Mr. Sands said to the Duke, How sayest thou, Thomas Duke of Norfolk, art thou guilty of these treasons, or not guilty?Duke. The hearing of this indictment gives me occasion to make request, which I did not intend to have done; which is to have council assigned me, if the law will permit it.

Cutlin. You must have none. Duke. That is very severe; I was told the indictment was only concerning matters contained in the statute of the 25th Edward III I hare liad very short warning, not more than fourteen hours, night and all: I am no lawyer, and there are many circumstances in which I must submit myself to the opinion of the justices. I could not have books to inform myself, and direct, but must fight without weapons: Yet I have heard, in the cause of Mr. Humphry Stafford, in the time of Henry VII. in a case of treason, he had council assigned him.

Dyer. The case you speak of was concerning the pleading of a sanctuary by prescription.

Duke. I must submit then to your judgments; I must plead for my life, lands, goods, and children, and for that which I esteem much more dear to me, my honour and honesty; my blood will cry aloud for vengeance, if I am condemned unjustly. One request I make to you my judges, to tell me, if the indictment be perfect in all, or in part, and in what part, that thereto I may give my answer.

'Catlin. The cause being true, the indictment is sufficient. Duke. I should know whether they are all treasons or no?Sands. How sayest thou, Thomas Duke of Norfolk, art thou guilty of these treasons, or not guilty?Duke. Not Guilty. Sands. How wilt thou be tried?

Duke. By God and my peers; I am in a great consternation at the treasons that are imputed against me, but am comforted by the justice of the queen, in giving me that trial which the law alloweth, me, and it is such as I require. But this suit I make to the lords, that I may have justice, and not be oppressed with unnecessary diversities; my memory is ill of itself, and rendered much worse by evil usage, since my severe imprisonment: I pray God I may forgive it. And, concerning you my peers, I hope I may call it my happiness, that I shall be tried by you, in whose hands I must put my life; and I think I dare into the single hands of a great many of you, who I know profess religion; and, I hope, will not burthen your consciences contrary to law and justice; depending upon the clearness of my innocence, I would not take a needless and cowardly flight j, I have what I expected and wished, a trial. I crave it with justice, and must confess I have neglected my duty in matters under treason; I desire those omissions be not imputed as treasons. Serjeant Durham. This indictment contains three several matters of treason. First, It is by deprivation of the queen's majesty. The second, is the relief of the rebels in England. The third, the assistance of the Scots, the queen's enemies. To prove the first, there are two matters of fact declared in the said indictment. First, knowing the Scottish queen to have claimed the crown, he hath attempted marriage with her: also, the conspiracy to procure foreign power to invade the realm, doth prove him guilty of the matter.

Duke. The Duke, interrupting him, said, Mr. Serjeant, You begin, as I thought you would, in laying the matters of the marriage, and other things, to my charge, which are not treason, to exasperate the.

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