^{page 65 note a} Coll. Jurid. ii. 126.

^{page 65 note b} Ibid. 127.

^{page 66 note c} Bracton disallows the argument of sir Thomas Tresham, in the following brief sentences: “Sacramentum habet in se tres comites, veritatem, justitiam, et judicium: veritas habenda est in jurato; justitia et judicium in judice.” Bracton, lib. IV. fo. 186, cited in Coke's Third Inst. 166.

^{page 66 note d} Eirenarchia, lib. 2, c. 7, p. 213, edit. 1588.

^{page 68 note e} State Trials, ii. 772.

^{page 68 note f} Camden, 212, edit. Hearne.

^{page 68 note g} Lond. fol. 1675, p. 148.

^{page 69 note h} Camd. Annales, ii. 215, edit. Hearne.

^{page 69 note i} Allen's Defence, c. iii.

^{page 69 note k} Dodd, iii. 37, edit. Tierney.

^{page 70 note l} Harl. MS. 422, fol. 134, compared with another copy at fo. 132.

^{page 70 note m} Camden, Annals, ii. 348. Holinshed, iv. 522.

^{page 71 note n} Campion described his dress thus: Habitu dementissimo sum, quem sæpe commute itemque nomina. Bridgewater's Concertatio. p. 24.

^{page 71 note o} Thomas Heath, brother of Nicholas, archbishop of York, and lord chancellor to queen Mary, under a license from the pope and the superior of the Jesuits, went the length, not merely of dressing as a clergyman of the established church, but of preaching puritanical sermons in churches. A paper, which fell out of his pocket whilst he was preaching in Rochester cathedral, led to the discovery of his real character. Strype's Annals, i. part ii. p. 272. Collier's Eccles. Hist. vi. 463. edit. Barham.

^{page 72 note p} Sanders, 379, 395, edit. 1610.

^{page 72 note q} Ibid. 399.

^{page 72 note r} A tangled dell, in the neighbourhood of Stonor park in Oxfordshire, is traditionally said to be the place in which Campion lay concealed whilst he wrote his “Ten Reasons.” Butler's Memoirs of Eng. Cath. iii. 193.

^{page 73 note s} Sanders, 400.

^{page 73 note t} Bridgewater's Concertatio, p. 24. Fuller's Ch. Hist. lib. ix, sec. 41.

^{page 73 note u} Sanders de Schism. 400.

^{page 74 note v} Sanders de Schism. 380.

^{page 75 note x} Sanders de Schism. 398.

^{page 76 note y} Strype's Annals, iii. part i. 58.

^{page 76 note z} Camden, 342, edit. Hearne.

^{page 77 note a} Stat. Realm, iv. 657.

^{page 77 note b} Jardine on the use of Torture, 87.

^{page 77 note c} Ibid. 88.

^{page 77 note d} Ibid. 89.

^{page 77 note e} Lingard says, that he gave this information the second time he was examined, to which he gives the date of Oct. 31; but his note proves that this is incorrect. The information was known to the government “on the 10th August; and lord Vaux and sir Thomas Tresham were brought to London before the 18th August. Digges, 373, 390. It is stated in the following narrative that Campion's examination was dated “the of August.” See post, p. 80.

^{page 78 note f} State Trials, i. 1060.

^{page 78 note g} I state this, and the same fact in reference to sir William Catesby, upon the authority of More's Hist. Soc. Jesu, p. 74, to which I was referred by Mr. Jardine's Criminal Trials, p. 10, but it seems to be contradicted by the statements of both sir Thomas Tresham and sir William Catesby in the following narrative. They both deny that, to their knowledge, they had seen Campion since his return to England, and sir Thomas speaks of himself as being liable to be suspected as a well-known Roman catholic. Both Tresbam and Powdrell were acquaintances of Campion's when he was a student at Oxford.

^{page 79 note h} Baker's Northamptonshire, i. 243.

Sir Thomas Bromley.

^{page 80 note k} Thomas Ratcliffe, earl of Sussex.

^{page 80 note l} So in the MS., but there can be little doubt, from other passages in the narrative, that it ought to be Northamptonshire.

^{page 81 note m} So in the MS.; it seems to refer to Felton who affixed the bull of deposition on the gate of the residence of the bishop of London. State Trials, i. 1086.

^{page 81 note n} Cuthbert Maine, executed in Cornwall in 1577. See Camden's Annals, 317, edit. Hearne.

^{page 83 note o} The MS. is here defaced by a fold in the paper.

^{page 86 note p} The words in the vulgate are, “Et jurabis: Vivit Dominus in veritate, et in judicio, et in justitia.”

^{page 90 note q} This should be Psalm 109 of the vulgate, which is Psalm 110 of the authorised version. These references to the holy scriptures were evidently made from memory.

^{page 101 note r} The Harleian MS. 6265 contains a full copy of sir Walter Mildmay's speech upon this occasion, which is worthy of insertion in a note, as in some degree explanatory of the general character of the narrative above printed. “15 November, 1582. In the starchamber. How the queen, our most gracious soveraigne ladie, finding this realme overwhelmed with poperie, hath restored unto us the sacred pure relligion of the gospell; and, againe, how her majestie, finding the realme in warre with two mightie nacions, her neighbours, hath made and maintained peace now 23 years full, the like wherof cannot be read so longe together in 300 years before, is knowne to all the world, and ought to be remembred by all good subjects of this land. On the other side, how the pope, the most capitall enemie of the queen and this state, envying our felicitie, hath continewally sought, not only to deface the true relligion of God now planted in this kingdome, but allso with force to trouble her majestie and her dominions, therby to overturne the peaceable and happie goverment that now we doe enjoye, is likewise evident to all men, and greivous to all good subjectes of this realme. What he hath done by force and open hostilitie, let it suffice to remember the rebellion in the north, and the two invasions into Ireland, one by James Fitzmorrice, and the other by Italians and Spaniardes, all procured and supported by him. These not prevailing, the pope, neverthelesse, nether hath nor can rest from anie practize that maie turne to the anoyance and distruccion of her majestie and this noble realme, the rather for that he feeleth daylie, that this kingdome of all the monarchies in christendome doth most shake the dignitie of his triple crowne, and therefore he hath presumed by a most impudent and blasphemous bull to publishe, even within this cittie, a deprivation of our most gracious queen, acquitinge all the subjectes of this realme from anie obedience to her, dreaming that, as the supreame monarch of the world, he hath power to put downe and sett up kinges and queenes at his pleasure. This also fayling, and not taking that effect which the pope looked for, he hath attempted by more secrett practises to diverte the subjectes of this realme from ther dutifull obedience to her majestie, nourishing closely the sparkes of disobedience, that they might burst forth into the flames of open sedicion when opportunitie should serve. For proofe wherof, it is not unknowen what secret devises he hath put in force by lewde preistes, with absolucions, dispensacions, and reconciliacions, to drawe her majesties subjectes from their obedience which they owe to her, to the obedience of the usurped authoritie of Rome. To which end, also, he hath lately sent hither a number of false hypocrites calling themselves jesuites, abusing the most holy name of Jesus to the inscripcion of the superstitious secte, and being, indeed, but a rabble of runnagate freers, lately cropen into the world and roving about in all contries to trouble the church of God and the quiet policie of the contries where they comme. Theise hypocrites, authorised by the pope, have presumed to enter into this lande, the scope of their dealing here being, by harbouring themselves in the houses of men of reputacion devoted unto Rome, both to confirme them in false doctrine and to prepare their minds readie for anie evill that might be enterprised here, therby to bring to her majestie any perill or trouble they could be able within this realme, as their lewd companions had lately attempted to doe in Ireland, arriving here, as it seemeth, of purpose at that tyme, to answeare the doinges of those rebells there. Amongst theis runnagates, one, notorious above the rest for impudencie, named Campian, hath adventured to put his foote within this realme to set abroache the practises devised at Rome: what diligence he hath used in executing his commission, maye appear, first, by arrogant and insolent challenges,* both at his entrie and after scattered abroade in pamphlettes, the defacing of the holie relligion of the gospell professed by her majestie and the whole realme, wherein neverthelesse he hath shewed more vanitie then learning, as by the consultacions † of them hath sufficiently appeared; next, by the progresse which he hath made into manie shires of this realme, as Yorkshier, Lancashier, the byshopricke, Derbyshier, Leicestershier, Cheshier, Staffordshier, Nottinghamshier, Bedfordshier, Northamptonshier, Buckinghamshier, Oxfordshier, and Barkshier, where he was taken. In all which counties he hath haunted the houses of men of the best sorte for living, such as he knew affected that waye, shifting himself from one corner to another, and changing often his name, as lewde men use to doe. Amongst those places and houses that he hath resorted unto, he confesseth to have been at the howses of the lord Vaux, sir Thomas Tresham, sir William Catesby, here now present in courte. Notwithstanding which confession of Campion, my lord Vaux and theise other two, being examined by her majesties commandement whether Campion was at their houses to their knowledge or privetie, have plainely denied his being there. Theise men afterwardes being, by her majesties further commandement, willed by the lords of her privie councell to testifie the same their deniall of Campions being at their houses to be true, first by oathe, and [afterwards,] my lord Vaux upon his honour and the other two upon their allegiance to her majestie, have and yet doe utterly refuse both. Wherin I note two thinges; one, that it doth manifestly argue their deniall of Campions being at their houses to be untrue, seing they refuse to affirme the same, as was required; the other, and that the greater, by this refusall they shewe a manifest contempt of her majesties authoritie, and an utter fayling in their duties towardes her, that in a matter concerning her majestie whome they ought to preferre before themselves, and in a civill matter that lyeth within their owne knowledge, and which they maye lawfully, without danger of life or member, either affirme or denie, they do refuse to take an oathe ministred unto them on her majesties behalfe by her expresse commaundement, and that not before ordinarie commissioners or officers, but before the lordes of her privie councell, beinge the principall and cheif counseil of estate of the realme, an example most dangerous to be suffered, and not hitherto attempted by anie good subject; for so her majesties person, her estate and her realmes might be brought into great perill, if it were lawfull for men to refuse to declare by oathe, or upon their allegiance, thinges that should concerne her so neerly as the practises of those jesuites and seminarie preistes doe, for, seing we live and drawe even our breath by her, in respect of her safetye we ought to forgett parentes, frendes, yea and ourselves, which the very ethnick did also, and then much more ought we Christians and we Englishmen, specially for such a queen as is the only staie of us and ours, and is knowen by longe experience, not only to us but to all the world, to be relligious, vertuous, just, and upright, in goverment not pressing her subjects to anie thing other then such as by lawe and justice they are bounde unto. Therfore, seing the running about of theise lewde jesuites and preistes is so dangerous to her majestie and the realme, and seing that my lord Vaux and th'other have refused to confirme by oathe, or otherwise, their former sayinges, as they were lawfully required by persons of the greatest authoritie under her majestie, this doing of theirs cannot be but taken for a great offence and contempte to her majestie and her goverment, and such as deserveth punishment answearable to so great a falte, that others therby maye be warned not to fall into the like herafter. Which punishment, for myne owne opinion, ought to be in this sorte; first, that they be returned againe to prison, and there to remaine untill they conforme themselves to doe that which hath been lawfullye required of them; and, secondly, that they paie to her majestie a fyne, viz^t. the lord Vaux, 1000^l; sir Thomas Tresham, 1000 markes; and sir William Catesby, 1000 markes. And this is all I have to saye to the cause presentlie in question.” Harl. MS. 6265, fol. 371.

page 103 note * This refers to the letter from which I have quoted at p. 62. Two copies of it in English are n the Harl. MS. 422, fol. 132 and 134, and it is printed, with some inaccuracies, in Strype's Annals, iii. part ii. p. 183. It is also to be found in Latin in Bridgewater's Concertatio, p. 17.

page 103 note † The conferences or disputations held in the Tower, between Campion and several protestant divines, are here alluded to. Accounts of them were published 4to. Lond. 1583.