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judges will consider the invalidity of the evidence against me, the persons being of no credit nor reputation: and, for the marriage, I treated in it with the queen's consent and appointment; and afterwards suspended it, though several letters and arguments were directed to me concerning it.
Shrewsbury. Lieutenant of the tower, withdraw the prisoner a while; then was silence proclaimed.
Shrewsbury. My lords, here you have heard that Thomas Howard Duke of Norfolk has been indicted for divers points of treason, and has pleaded not guilty, and has put himself upon the trial of God and his peers: you are now to consider, upon the whole evidence which you have heard, whether he be guilty or not guilty, and to speak your minds upon your honours and consciences, and so bid them withdraw together, and return as soon as they could; which they did to a place for that purpose where the chancery is now kept; and there consulted in the sight of all: then, the lords being returned and sat in their places, the Earl of Shrewsbury lord high steward of England commanded the duke to be placed further out of hearing of them; then he asked aloud, first, the youngest lord, saying, What say you my Lord De la Warre, is Thomas Duke of Norfolk guilty of these treasons, yea, or no ? Who, standing up, answered, guilty; then the same was asked of all the barons and earls one after another, beginning at the youngest and so to the eldest in degree; and all said, guilty. Then the Lord High Steward commanded the prisoner should be brought to the bar, who being placed, the Earl of Shrewsbury lord high steward said: Thomas Howard Duke of Norfolk, thou hast been accused of divers treasons, and hast pleaded against all, not guilty; and hast put thyself upon God and thy peers, who have all declared thee guilty; What canst thou say now, that judgment may not proceed against thee?
Duke. The great God and my own innocence be between me and my false accusers.
Then was there a profound silence a good while, after which the tower ax was turned towards the duke.
Burham. May it please your lordship to understand, that Thomas Howard late duke of Norfolk has been indicted of several treasons, and hath thereunto pleaded, not guilty; and thereupon hath put himself upon the trial of God and his peers, and they have found him guilty: I am therefore to pray your judgment in the behalf of our gracious sovereign lady the queen.
Shrewsbury. Thou Thomas late Duke of Norfolk hast been indieted of several treasons, and thereunto hast pleaded, not guilty, and hast put thyself upon the trial of God and thy peers, and hast been by them found guilty. Therefore eur court and the queen do award, that thou shalt be led from hence to the tower, and thence to be drawn through the midst of London to Tyburn, and there to . be hanged, until thou art half dead, thy bowels to be taken out and burnt before thy face, thy head to be cut off, and thy body quartered, and thy head and quarters to be at the queen's will and pleasure, find our Lord have mercy on thy soul.
Dmhe. You have said unto me as unto a traitor: God forgive you, and wash my innocent blood from your souls, that it rise not in judgment against you. I condemn not you, and yours; I die not a traitor, but a true man, both to my queen and country: And, since you have put me out of your company, I hope to go where I shall find much better, who will regard that innocence which you hare rejected. I am at a point never to beg for mercy where I have no guilt, but the suit I have to you, my lords, is, that you will move the queen to be good to my children and family, and to see the discharge of my debts.
Thus fell that illustrious prince, whose greatness in estate and title was his only crime, for being of an ancient and splendid family, the blood royal of England and France not being out of his veins, and being allied to all the considerable families of England, and hav. ing an estate to support that greatness of a hundred thousand pounds a year, besides the fortunes he obtained by his marriages, which was also very large: all his paternal estate was disposed of by the queen, without regard to the innocence of his children, the hard measure of his accusations, and his obedience, which led him to the pursuit of her commands upon all occurrences: which estate, as it is divided, and improved, is valued at five hundred thousand pounds a year. My Lord of Leicester, who was the leading man at that time (and sat with watchful diligence) at the helm, which he managed as his in. terest or passion inspired him: first proposed the marriage of the Queen of Scots to the Duke of Norfolk; which he refused, till importuned by the persuasions of those that appeared to be his friends, and assured by a letter under Queen Elisabeth's own hand of her con. sent; all which ensnared him till the consummation of the marriage; which was made evident by a letter kept long in the family from the hands of the Queen of Scots, in which she subscribed herself, your most obedient wife, Mary of Scotland and Norfolk: and this great family, thus eclipsed, remained under the cloud of a severe deprivation, till the last King Charles of blessed memory restored them to their former titles and dignities. That excellent prince considering their long and silent sufferings, with what forwardness most of them engaged their lives and fortunes in the service of his royal father, there being but two of all that great and numerous family that drew a sword against their king; may those two be buried in the dull ashes of obli. vion for ever, and wiped out of our way, as perhaps they are out of the book of life.
A britf Account of the noble Family of the Howards.
THE family of the Howards came into England with the Saxons, being from a vast length of time very considerable in that country, having the title of barons, and the name in that language being I loffwerd, as some ancient books there testify, which signifies the chief office in the court: William the Conqueror found them in a great condition of estate and quality here, according to the mode and method of those times, bearing distinctions proper to barons; They continued Boost eminent in their country, and linked themselves into the greatest families in the kingdom, as with all evidence appears, behold here.
A brief Account of the Descent of the Dukes of Norfolk.
THOMAS of Brotherton, second son of King Edward the First by Margaret of France his second wife, was Earl of Norfolk and High Marshal of England, whose daughter and heir, being married to John Lord Segrave, was created Duchess of Norfolk; and Elisabeth their daughter and heir being married to John Lord Mowbrey, mother to Thomas Mowbrey, created Duke of Norfolk by King Richard the Second, in the year one thousand three hundred ninety-seven, and first Earl Marshal of England: which Thomas, by Elisabeth his wife, sister and heir of Thomas Fitz-Allen, Earl of Arundel, was father of John Mowbrey second Duke of Norfolk, and of Margaret his eldest daughter, wife to Sir Robert Howard knight, whose son John Mowbrey, the third Duke of Norfolk, was father of John the fourth Duke of Norfolk; whose daughter and heir dying without issue in the reign of King Edward the Fourth, the honours and lands of Mowbrey were divided between John Lord Howard son of Sir Robert Howard and Margaret Mowbrey, who was created Duke of Norfolk by King Richard the Third, and "William Lord Berkley son of Isabella second daughter of Thomas Mowbrey first Duke of Norfolk: This John Lord Howard Duke of Norfolk was slain at the battle of Bosworth, in one thousand four hundred eighty-five, and attainted, leaving Thomas Howard Earl of Surrey his son: who, in the fifth year of King Henry the Eighth, was restored Duke of Norfolk; and, dying, Thomas Howard his son was Duke of Norfolk, and father of Henry Earl of Surrey, who was beheaded the last of Henry the Eighth; which Henry Earl of Surrey was father of Thomas Howard Duke of Norfolk, who was beheaded and attainted for the marriage of the Queen of Scots, the fourteenth year of Queen Elisabeth; whose son Philip (Earl of Arundel in right of his mother) died in the tower; his son Thomas the great lord marshal (whose memory is a lasting honour to his family) left his son Henry of unblemished honour and reputation also, whose son Thomas was restored by the last King Charles the Second of happy and glorious memory, to the dignity of Duke of Norfolk, whose brother Henry survived him, and left two sons, Henry the present Duke of Norfolk, and the Lord Thomas Howard, who hath issue.
This flourishing family has spread itself into many eminent branches, as the Lord Viscount Stafford, the Earls of Suffolk and Berkshire, the Lord Escrick, the Earl of Carlisle, and the rest of the descendants from the Lord William Howard of Naworth, whose memory is to be preserved as sacred in the family, who, for wisdom, virtue, and honour, was the glory of his time; he was third son of Thomas Duke of Norfolk, whose trial and unfortunate death you have here had a view of; the sons of which Lord William Howard were men of great honour, and served their king with their lives and fortunes; his. second son, Sir Francis Howard, having raised a regiment at his own proper charge, and suffered a long imprisonment in the tower, polonel Thomas Howard, the fourth son of the Lord William, also raised a regiment for King Charles the First of sacred memory, and bravely lost his life at the head of it; having refused very advantageous conditions from the King of Portugal, who had invited him into his service, he being a soldier of long experience abroad, and much esteemed for his courage and conduct, and detained here by the com. mands of his prince, whom his honour, religion, and conscience obliged him to obey; he fell (a willing sacrifice for the service of his prince) to the rage of the rebels.
Here is also an Account of such Families as are descended from the House of Howard, taken in the Year 1660.
BY the daughter and heir of Sir John Howard, who was of the same family with the Duke of Norfolk, and married to John Vere Earl of Oxford; and descended by the heirs of Wingfield, and of NevilLord Latimer, the families of Wingfield now remaining, Percy Earl of Northumberland, Cecil Earl of Salisbury, Danvers late Earl of Danby, who quarters the arms of Howard; Norris late Earl of Berkshire, the Lord Pawlet of Somersetshire, and many other noble families, namely, the ancient and honourable family of the Lacies; and from John Howard first Duke of Norfolk of that name, by his daughter married to Windham, and from them by Lutterel and Rogers descended the Marquis of Hertford, the Lord Seymor, and many other ancient families in the west; and by other daughters, the families of Knivet and Gorges: from Lord Edmund Howard third son of Thomas second Duke of Norfolk is descended the Lord Arun. del of Warder; from the said Thomas second Duke of Norfolk are descended first all those of the house of Nottingham and Effingham, and from them by daughters the present Marquis of Winchester, the Earls of Mulgravc ana Peterborough, the Viscount Mordaunt, the Lord Fairfax, and many other eminent families. By his daughter married to the Earl of Darby, are descended at this day the Earls of Darby, Bridgewater, the Lord Stourton, Morley, Dudley, Stafford, Shandois, Powis, and many other noble families. By his daughter married to Sir Riceap Thomas, the Earls of Carbary, and many other noble families in Wales are descended.
By his daughter married to Sir Thomas Bullen Earl of Wiltshire and Ormond. are descended the families of Cary Earls of Dover and Monmouth, and the Viscount Faulkland; and, by the daughter of Cary married to the family of Knowles, the Earls of Banbury, Nor.* thumberland, Essex, Warwick, Holland, Newport, and the Lord Paget, and many others.
From Thomas Howard third Duke of Norfolk are descended the heirs of the Lord Scroope of Nevil, Earl of Westmorland, the Lord Berkley, and the heirs of the Viscount Binden. From Thomas Howard, fourth Duke of Norfolk, the present Puke pf Norfolk, the Viscount Stafford, the Earls of Suffolk, Berk, shire, Carlisle, Lord Howard of Escrick, all the Howards of the north, the Earl of Dorset, the late Duke of Richmond, and by marriagp, at present, many other noble families are nearly allied; as, the Earls of Northumberland, Bedford, Salisbury, Devonshire; the Lords Darcy, Sandys, Fairfax of Imolleth, Mac Donell, and many other ancient and honourable families are descended. This great Duke of Norfolk, whose trial you have read, first married the daughter and heir of Fitz-Allen Earl of Arundel, by whom he had Philip, who was poisoned in the tower; the duke's second marriage was to the daughter and heir of the Lord Audley, by whom he had Thomas Earl of Suffolk, and the Lord William Howard of Naworth, who was long detained a prisoner in the tower, after the death of the duke. The duke's third marriage was to the widow of the Lord Dacres of the north, who, by the said Lord Dacres, had two daughters, Anne and Elisabeth, to whom the duke married his two sons, Philip and the Lord William Howard. Thomas, the great lord marshal (who is never to be mentioned without the memory of his honour) was the son of Philip Earl of Arundel, and Anne, the eldest daughter of the Lord Dacres; which Thomas married the Lady Alathea Talbot, daughter and heir to the Earl of Shrewsbury, by whom he had Henry Lord Matrevers, and William Viscount Stafford; which Henry married the Lady Elisabeth Stuart, daughter to the duke of Lenox, and the Lord Viscount Stafford married the daughter and heir of the Lord Baron Stafford. This Henry, afterwards Earl of Arundel, left eight sons and two daughters; Thomas, who died at Padua, and was restored to the Dukedom; Henry, last Duke of Norfolk ; Philip lord cardinal; Charles, a person of much honour and integrity; Edward, Francis, Bernard, and Esma. Henry, who after the decease of Thomas was Duke of Norfolk, married the Lady Anne Somerset, eldest daughter to the Marquis of Worcester, and sister to the present Duke of Beaufort, by whom he had two sons, Henry, the present Duke of Norfolk, who married the Lady Mary Mordaunt, daughter to the Earl of Peterborough; and the Lord Thomas Howard, who married the daughter and heir of Sir George Savil, of the family of the Marquis of Halifax, by whom he hath issue: also the said duke had two daughters, the eldest married to the Duke of Gordon of Huntley, the youngest to the Marquis of Waperiso. Charles, the fourth son, married Mary, the eldest daughter and coheir of George Tatershall, of Hinshamstead in the county of Berkshire, Esquire, a lady of great virtue and extraordinary parts, of an ancient and honourable family (which came into England with the Saxons, and long retained the title of baron, as is recorded by many authors) by whom he hath a hopeful son, named Henry Charles Howard; Bernard married to Catharine, the younger daughter of the said George Tatershall, Esquire, who hath also issue one son, named Bernard, and three daughters. The Lady Elisabeth Teresa, the youngest sister of the last Duke of Norfolk, was married to Alexander Mac Donell, eldest son to Sir James Mac Donell, bart. and nephew to the late Marquis of Antrim, by whom she had one son, named Randal Mac Dirndl,