No More Learning

Letters from Rodolph made men- tion great Treason, and provision men from beyond the seas, invade this realm, ac
her own realm, must needs done with cording his order and request, who was meant Quarante. then we shall prove (i) See Hale's Pleas the Crown, 120. unto you that Rodolph had this Message and
the queen's enemies, and Bannister Whereupon the duke's man, that sent the mo
ney, was apprehended;
and then, God's found that this Trea Norfolk, under the
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1005] STATE TRIALS, 14 Eliz. 1571–for High Treason. [1000
Commission from the Scotish queen and the
duke of Norfolk, to treat with the pope, king
Philip and the duke of Alva, for the bringing
in of 10,000 men to invade England, and to 23. All this the Duke denied, and said, make war against the queen in her own realm ; never saw any Letters from the pope, but one, there must needs be compassing to depose the which will speak anon.
queen, and to bring her to Death, and so High
Treason : For he that will levy force to invade
or make war in a prince's realm, and that in
maintenance of a Title to the present enjoying duke, the title Quarante. Then was of the crown, doth what he can to depose the read the bishop's Confession, dated 26th prince, and consequently also doth what he October, concerning Andrew Beton's can to destroy the prince. Now to prove that coming.
the duke of Norfolk dealt in this manner, sent Att. The Duke had these deciphered, and
read them.
force of strangers, and to levy War against the Then was read Barker's Confession, 6th
shew what manner of man this Rodolph was: Att. Thus plainly appeareth, that the duke
He was one that lived divers years here in this was privy these Messages the pope, and realm, a notable traitor and enemy to the Conference with his Factor now resteth to
queen and realm of England, and of long time understand what followeth this course begun the pope's Factor. In the duke's first Trouble, with Rodolph the pope's factor; what Mes this Rodolph was suspected of such practices, sages were sent; what practices devised; and
and therefore by the council committed to the what cnsued. Upon this Letter, the Scotish
custody of Mr. Walsingham till October was queen wrote Letter the bishop Ross, twelvemonth; and for that no evident matter wherein she wrote back Discourse of her
appeared, he was delivered again in the No Estate and Device, what she thought best
this Message, and practised to bring in this
queen within the realm, it shall be good first to Nov. Art.
sion the November, the 5th Article. Also Ross's Confession ad Artic. litera
Also his Confession the last October, Article
Then was read the bishop Ross's Confes sion the 6th, 7th, and 8th, making mention
Pacquet, wherein was one Letter the
vember following : So soon as he was deliver ed, he by and by opened to the bishop of Ross,
That he was Factor for the Pope; he shewed
done, referring the direction the duke of Norfolk. Here the Letter itself
seen. —This Letter came the bishop him his Commission, and sundry Letters writ Ross; he sent over the duke, with Letter
ten to him by the pope's nuncio in France, about matters of the practice a long time. This Rodolph was well known to the Scotish queen, the pope himself and his nuncio recom mending him to the Scotish queen : The duke was made privy of and made him privy
his dealings, and kept secret from the queen and her council. When the Bull was brought over, that Felton died for, this Rodolph had six copies and dispersed them; whereof gave one the bishop Ross, one other
from the Scotish queen the duke. This Let ter was deciphered, and found hidden the duke's house under the mats entry,
the way the duke went his bed-chamber: the Cipher itself was found the tiles the house. This plainly declareth, how the duke
dealing with the Scotish queen and the pope pursued his purpose advancing the Scotish
queen the crown England that the Scotish queen was practice for with the pope, and referred the Dispatch Rodolph the duke; and the receipt those Letters
the Spanish ambassador, and the third the
French ambassador, and the rest we know not confessed IIickford, and the duke him
what he did with them. Now the duke know ing him such one, was man deal with. That was such one, and that the duke well knew and sent him message
self.
IIere was read the Letter of the Scoti-h
Queen the Bishop Ross.
Att. By this Letter appeareth, how the
the duke Alva, and the popc, you Scotish queen hath set out the whole Plot shall see plainly proved. Then what lines the Treason: Message should sent for Aid sage was, you shall see also disclosed, and how from foreign parts; Rodolph the fittest man things hidden will, God's providence, come the messenger; and that Rodolph should
light. The Letters were written cipher, dispatched about when the duke and deciphered, and the Cipher hid the tiles, Norfolk would. The Device was move king and found chance; may appear Philip for Aid, upon consideration her God's own work open these Treasons. State here, enter into deliberation the
Here the Duke took exception his saying, time and opportunities set her friends
that the Cipher was found the tiles; and field, and
said, was not the Cipher that was found there, confessed
but the Alphabet: the Duke always his confessed
Speech called the Letters matter written about January was twelve-month, and was strange characters, the Cipher; and the paper hid under the matts.
of the characters themselves he called the Al Duke. hid that the Letter should be burnt.
phabet, which Mr. Attorney usually called the Cipher.
Then was read the Bishop Ross's Confes
Att. God would not have but that should remain for disclosing the matter.
Duke. As touching Rodolph, what manner man was, matter me: know
seize themselves her. This Hickford and this Letter also
the duke himself, that received
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1007] STATE TRIALS, Eliz. 1571–Trial the Duke Norfolk,
no more, nor am to be charged with no more fessed against you, were also kept
than I myself am privy to. I never dealt with kept asunder several places, and severally
him about any cause of mine. I received no examined, agreed one, and your own such Letter, but that which Barker said came Confessions agree with them. how can this from him, which was not that of January that imagined and false All these testify with you speak of about two years ago; and as for one consent. The bishop Ross, when Instructions and Letters about that January first came the city, was examined these was twelve-month, I received none. things, denied all, stood
Burleigh. Here the lord Burleigh said to nestly when questions were asked him, Mr. Attorney, You may mistake, it was this said, He was ambassador, and not
time twelve-month, for now we are in January. dealt with, but referred his own mis And so Mr. Attorney remembering this pre tress the Scotish queen. When was com
sent month to be January, referred the Letter mitted the Tower, and there again examined to January now a year past; and said, This secing things coufessed already; and the Letter that I now charged you with, came to manner the questions that were asked, per
our hands at this January was twelve-month : ceiving some light that the truth was known:
it came first to the Scotish queen's hands; she then confessed also, and his Confessions
took occasion upon considering her own case doth, agree fully with Barker and the rest;
here in England, in France, and in her own which consent could not possibly be, the
country, that it was best for her to cleave unto matter were not true; besides that, hath Spain. She wrote to the bishop of Ross her his Confession touched himself.
Discourse to that end: she counted Rodolph Duke. They have not agreed Confession the fittest messenger; matter was devised for against me, that told them any such thing: his Instructions; she referred the Dispatch but one them told another, and from hand wholly to the duke of Norfolk; the duke dealt hand went among them.
in his Message appeareth. And thus con Att. Well, you see what confessed, and tinued till March and then, according the with what consent we are issue; here but
went over indeed. Duke. What
know not that
they will not say they delivered
that received any such Letters
tions. This say, the bishop sent me Letter counsel might have provided withstand
the Scotish queen's, together with letter them, but you did not. The duke Norfolk his own her Letter she complaineth her found flat Treason intended; Rodolph was the own subjects, and saith, she will seek other messenger that procured it; the duke knew it;
was delivered nothing ine.
prisoner am sure your own hoase, when such dangerous matter me, nor came your understanding, you would have
here consider the Proofs. Barker, been good subject, being then
-
[1008
custody,
ear
Plot before laid, Rodolph was dispatched, and your lordship's Denial; leave
my lords you had
those devices, and advised the Scotish queen depend only upon the queen's majesty,
else, she world take any other cause, both
matter. Thus, proceeded: was agreed that Rodolph should have Message writ ing; and the same Conference, Barker being also among them, was agreed, and set down
instructions, that his Message should this: He should the pope and the king Spain, the name the Scotish queen and
and other her friends give her over; and thereupon
England, would
was that said,
that the queen, she fell
Instruc opened that the queen's majesty and her
means for her relief. This Letter was decy Rodolph was referred the duke's Dispatch, phered; misliked the Device, and bad that upon the Conference the bishop Ross the Letter should be burned the Let and Rodolph about the matter, and the Scotish ter Cypher was burned, and the Alphabet queen's willingness have him sent about the was saved. sent word that misliked all
such practices,
would publish her Letters and Doings her the duke Norfolk, require then money
infamy. Upon which my words, the bishop and men for the enterprize. Rodolph required Ross excused himself, and laid this matter, speak with the duke: Barker brought him
this new Device, Beyton and Rowley. the duke Howard-house; there they talked
not true that Barker made me privy together, the duke and Rodolph whole hour, any such Message Instructions, hath till was nine the clock night. After been alledged. Also not allowed this Talk, the duke delivered Barker Paper, for witness against me, for hath confessed saying, that Rodolph left with him; which Treason against himself; and persons outlaw Paper contained the sum the Treason, and ed, attainted Treason, are sufficient therein was also Paper the Names divers Witnesses. noblemen, knights, and gettlemen Cipher,
Cattan My lord, there none those whom they counted that they would take the Witnesses, that have declared matter against duke's part, but they counted without their ou, outlawed, attainted Treason, yet host; that there was for every name Ci
indicted.
Duke. They are worse; for they have con fessed Treason.
pher, the which was for the duke, and for the lord Lumley. Barker received
the duke, and delivered again Rodolph.
Att. The bishop Ross, this time, was Upon this Cipher 40, fell out the understand custody, and these men also that have con ing the Treason.
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1000] STATE TRIALS, 14 Eliz. 1571. —for High Treason.
[1010
Here was read Barker's Deposition, 10 Oct. ter allodged against me, nor received any Interr, 8. Item, Barker to the 22 Interr. other instructions, but only have said,
Att. In this Bill the duke is proved to be about my own matters.
40, the duke himself hath also confessed that Att. My lord, this but your own saying,
40 standeth for his own name. Barker brought and carrieth likelihood but Barker goeth Rodolph to the duke, which the duke also con nearer you telleth you plainly what the fessed, and that Barker brought him Instruc Instructions were: was king Philip for
tions for Rodolph's money. men, and the pope for money.
Here Mr. Treasurer and Mr. Chancellor of Duke. Barker hath confessed himself
the Exchequer, sworn, did testify that Barker Traitor, and therefore sufficient Winness made these Confessions freely, without com against me. never knew any such Bill pulsion. Also Mr. Wilson, sworn, did testify. Names, nor such Instruction French.
the same and that Barker was never offered
torture, nor was once the prison where the rack was: but the duke said Barker saw where his fellow had been.
Att. Did not Barker bring Rodolph you
Att. sufficiently proved. Now Ro
dolph came you again second time.
IDuke. deny came more me. Att. That not for Barker telleth
plainly, not only the time, but also the several
the clock night Did with you Instructions French
Duke. confess
Then was read Barker the 16th.
not leave
ways which himself brought oth.
Duke. There ways enough,
devised also dozen ways more, that house.
Here was read Barker ad 11.
IRodolph
might have would,
Att. Rodolph came also the second time the duke; after was come from the duke, he said Barker, That the duke and were agreed his Journey, and that the duke prayed him depart with speed. This Message was
procure men and money for the Enterprize
the Treason; and this Message the duke dispatched him.
Att. Lo! telleth you which way Rodolph eame you.
Duke. may devise more ways when
-
Att. Now you shall also hear confessed
the bishop Ross, who the time his
Confession was prison, not knowing what Barker had said.
Here was read Ross's Confession of that
matter. Here was also read Rosse, the 6th November.
Att. Here you see how the duke agreeth with Barker. And there was read Rosse more,
Duke. Touching Rodolph's coming, indeed confessed that he came me.
have was
recog
summer was twelve-month bound
nizance for 1800l. Rodolph, for my lord Arundel, and for my brother Lumley: the day was passed whereby stood danger my recognizance. sent Rodolph intreat
him cancel my recognizance, and offered the 6th November; how Rodolph made ac
give him yards velvet; Rodolph would not persuaded, but desired speak with me
himself, which Barker reported very loth that should come
count his time, and his return before the
me. was me, for was thought his coming me would suspicious. Barker pro
parliament ended.
Then Mr. Attorney made
the Matters contained and shewed the Agreement
-
brics Rehearsal those Confessions,
trouble my last trouble, and
missed that would bring him me secretly,
Ross and Bar ker; and then was read Ross, fol. touching
and such time
make any suspicion.
should not be known to Itodolph came me, intreat him about my Re
Rodolph's Account his old soldiers, that could bring against the English, the duke Medina's coming, 7000 Spaniards
spared. Now the duke had satisfied Rodolph
and did what could
cognizance, and could not persuade him more, for his credit, and though the duke subscribed
than promise that would not sue me. He told me his trouble and his Imprisonment Mr. Walsinghain's, and what words Mr.
Walsingham gave unto him, also the Scotish queen; and that should deal with the duke Alva for Money for her her own use, and
for necessaries, had done before. He
not, yet the duke were Christian man, was assured him, and would assure foreign princes the duke's part.
Then was read the Confession the bishop Ross, the 18th.
Now shall you hear further: Rodolph, be fore his Voyage, moved have letters credit, that might deal with foreign princes:
whereupon three Letters were devised, com mend Rodolph the Pope, the king Spain,
and the duke Alva, and give him credi his Message, that might able pro cure Aid for the Scotish queen, and for the ad
prayed also my Letters
the Scotish queen's
began mislike sought ways was not well
was late, and
till the Letter that eame over from Rodolph answered, am loth write; for write, about Easter. delivered Writing Barker: the queen's majesty hath great intelligence, confess it; but was about that matter and my Writing should come light,
which have confessed already for my Recog were marred and would not write.
onizauce; and dealt not with any such mat Theu the bishop Ross, and Barker, travialed Vt. ) L.
favour the duke
him, and was loth
shift me from him
ease; could not write, and
Alva write; said
Names,
saw none such, nor understood any such, vancement of the Catholic Faith. The duke
would not deal. As for the Bill
he will.
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STATE TRIALS, 14 Eliz. 1571. –T the Duke Norfolk, [10] 2
earnestly with him subscribe the Letters made friends privy any such intent. but would not. Then, length, was ad Some pre-nuption that had intended
vised anti agreed annong them, toat the duke should send one the Spanish clubassador,
declare his assent affirm the Letters, should satisfy Rodolph and the foreign princes, though subscribed not where with the duke
was content, and sent Baikor with the bishop Itoss, and odolph, declare the Span
ish ambassador, that the duke was content affirm the Letter, and pass
any such matter, would have inade some privy was no otherwise destitute of
friends, would have provided armour, shot, and powder; would have provided money; am sure there was not much money found.
For armour, had not my house here past eight armours which were proof, and hun dred harquebusses; and besides this, bestow
not 10l. armour these ten years: powder his name. And the Spanish embassador have not two barrels; yea, not above bar
recommended Itodolph's Message the duke's alanc, without the duke's subscription.
rel all. So see the likelihood of their de
vices; conference friends take part; provision furniture; country, both in religion and situation, unapt for the matter. — Where they say Rodolph told Barker, and plainly proved and they Barker told me; and Barker came from Ross and from Rodolph me, and from me Ross,
IIere was read the bishop Itoss, ult. Oct. ad 20. -Also Barker was read of the same lilatter.
Att. Thus say true,
cannot that they can agree, were not true; then can not be denied
declare that was content affirm the Let ters Credit, deny As for my consent,
that the duke guilty this Treason. Duke. Here too much once for me to
answer without book; my memory not good, run through every thing, they
that have their books and their uotes lying be
that the Spanish Embassador should affirm the Letters my name, how unlikely thing
that was content affirm them, but not subscribe them knew not how small the difference between subscribing and affirm ing; and had such slender wit. Ro dolph never came me but once; indeed heard that Rodolph would fain have came me
again the second time, but carnestly urged but
Baker, and from mouth Inouth; they the curious Italian head
therefore, pray you, answer any thing, remember me
said, That there are two against me; this two
witness for Rodolph said
forgot
it. —It Witnesses
fore them
the bishop Ross, and his mouth the bishop told
refused. To please Rodolph, they de
three
three are but one
would not; Barker
are but one witness. Besides that they
have confessed themselves wholly Treason,
and now they would bring me with them
too and are suicient witnesses against
me. Note, pray you, the Advices, and see
bow likely they are: ten thousand men must name; and excused and said, could be landed, whereof three four thousand must not otherwise content the bishop Ross and
horsemen; they must land Harwich, and Rodolph: and that affirming the Letters port my county; neither Harwich port was 13arker's own doing, and not mine.
my county and am not little skill, would they might, our private Examinations,
that would have three four thousand horse have been brought face
face with nue. mind things; they
themselves, and with them, and lay
men land men land
Essex, the unfittest place for horse could have put them England, county best in have confessed Treason
noblemen, gentlemen, and other they would bring me
habited ability
Essex, county woods, ditches and marshes
chosen some other county rather, minded. Again, respect
iny shoulders. been weeks
am hardly handled, have committed, can speak with
lorsemen
full lanes, would have
resist them And who would land
would not have landed then
came destroy religion, and
found but little assistance. And would have they that accuse me; the presumptions brought power, joined with them the likelihood, that should not do ove throw Religion hath lately been said they accuse me; and for them, they per
more likely ing friends,
withstand papists. As for mov agreed one; and Barker hath directly con never dealt move any person sessed; and you doubt impulsion, you shall never inade provision for it; bear how willingly and how freely confessed
the matter;
provided armour, shot, powder, nor inoney.
-
becau-e the same Examination was taken
vised among them deal with the Spanish embassador. As for me, never heard from
the Spanish embassador the matter; never saw him but once my Lord Treasurer's.
was angry with Barker for going him my
body;
had been face, and been allowed bring furth my proofs,
Itcligion, would have brought forth direct matter and Essex, that proofs, and therewith made them remember
what
should have themselves. Consider, beseech you,
that side, that could not recovered from sons that have accused themselves Treason, iny religion would not changed from my and so be of no credit. As for mine own Ex
religion had rather
13csides that the county
the county Suffolk,
pose; county England more replenished
with protestants nor better ability, and none
aminations, they wholly agree such sort have here declared mine Answer.
torn with wild horses. Essex, adjoining
most unfit for that pur
Attorney.
denial and you, and
Your Answer nothing but bare here are three Witnesses against three severally examined, have
might have had them face
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STATE TRIALS, 14 Eliz. 1571. —for High Treason.
Thomas Smith, and subscribed with that Quarante was the duke; and Mr. Wilson upon his oath declared work broke out the whole practise
not true. Indeed Banister spake ine enough. Here am charged with two matters,
1013]
before
[1614
God's the Trea-.
nobody. Duke. Where said, that should bid Duke. was written Bayly, and Bayly them write, should atirin their Writing, received can answer this letter well
his hand the same
be sir Thomas Smith's hand.
son. This Letter was directed
write for Money for the Scotish queen, and for matter
refused should have dealt any the Bags such matter, would have trusted one Banister said, that
afore fifteen Barkers. And for your number confessed
Witnesses this manner hands one from Letter wherein was charged, that had ac
another, twenty witnesses may prove but one witness.
cused some falsely, wrote satisfy, that had not accused any any matter Treason, nor could would; and this was the mean ing that part my letter.
Att. You shall hear your own Confession
agreeing with them: you were content Rodolph
should use your name the duke Alva, and Att. Where the letter whereby you were
that should assure the duke you were Catholic, and that he should shew tokens prove for that you kept papists your house,
and were friend papists.
Here was read the duke's Confession,
Oct. ad interr. 58.
Here his own hand confessed the matter. Duke. saw the Instructions indeed, and
this matter was They sought have
thought was Catholic, serve their pur willed Barker lay them up: what needed
my Confessions, and for burning letters. As for that which there confessed nothing but what saw
others, the truth received
charged that you had accused falsely? Duke. kept not; think you
keep letters? Burned letters
for burning the Writings the bag,
nothing against me this case; for they were nothing but private letters the Scotish queen's, written before and when was last trouble, long before this matter. At Banister's coining
-
would hurt. As naketh
pose, and did put themselves; but
allowed not, would rather be torn with
wild horses than forsake my religion.
Att. These Instructions remained still
your custody: why did you not burn these,
such searching for elder matters? bad them made away, for they were but private inat
ters between the Scotish queen and me.
Att. There was the letter that disclosed you Quarante, whereby the Treason was
well you say that you commanded the Letter known now here also another Letter your to be burned - own, which you secretly sent out the Tower,
Duke. Because was their writing and not which sheweth your guiltiness, the matter
inline.
Wilb. You are content should
extant;
the great Treason with Rodolph.
IIere the Duke's other Letter was read.
Duke. This was only, have declared before, for my conference with Rodolph, for the matter Money, both touching mine own
what purpose was that you misliked
Att. Your lordship shali yet see further
Letter the bishop Ross, written the
Scotish queen, wherein the whole plot and Recognizance, and procuring money for the
course the Treason plainly set out
large; the letter came the Scotish queen's
hands while my Lord Steward was there, which
my lord steward affirmed. So the Letter was read.
Duke. The bishop Ross sufficient
Witness against me, for the causes that have declared.
Scotish queen, for her necessity.
Att. the whole course the matter that goeth before, for the Treason, and not
for the Money. Here also another Letter
your own, which carrieth Inanifest presump tions the Treason, where, among other things,
will Barker confess no further, he love
life: besides other most manifest suspicious matters.
Att. leave his credit
consider, let them weigh
Now come consider your own doings; since that Barker could hurt me, when willed that
your last Imprisonment, Letters have been
conveyed unto you, and you have sent letters abroad, many subtle and secret ways con veyance, one letter you sent out written with red-ocre, wherein plainly appeareth that you feared the matter, and that something was con sessed, and that you were afraid more; you willed the bishop Ross should take upon hitn, because was ambassador, and that
Bag Writings should sought out and burned.
Here the Letter written red-ocre was read, which the duke confessed to be his own.
Att. This Letter gave occasion seek the
Barker should confess more, loved his life: For indeed might touch himself
Treason, (as hath done) but not me, for never consented to it.
Att. Now shall you see how the matter pro ceeded further: After the dispatch Rodolph, Lent last, had made shew before, that intended over sea, and was this
while practising about this Treason; length being frighted with these Messages, came sue the queen for pass-port, which was granted him, and carried over two geldings with him, which evident proof that went over. Now shall you see what effect took
my lords here they see cause.
Duke. wrote not respect any fear
Bag, and were the Writings found under and the Answer you shall discern the Mes: boards fast mailed, and thereby was understood sage, and practice: Being beyond the sea, and
Easter last, brought them me, and
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1015] STATE TRIALS, 14 Eliz. 1571–Trial of Duke Norfolk, (1016
having done Message, sent advertisement too openly, the Treason might perhaps
the duke how sped, and likewise from the some appear: therefore Device was found pope; which plainly discloseth the whole pur out how salve the matter, That should, de by his servant, affirm the Letters the Spanish ambassador, and they should, the Spanish ambassador's commendation, pass with good credit they had been subscribed. This
pose and plot the Treason, clared unto your lordships.
shall
Here began Mr. Solicitor.
spent, and
your lordships, think, are weary, will not Device was performed, his assent was witnessed,
Solicitor. For that the time
now make any collection what hath been ga and the letters credit confirmed accordingly. thered the attempt Marriage with the Rodolph went over the duke Alva, aud
sron thence the pope returned answer Mcssage, and gave advertisement the duke. Did not send his answer concerning and Rebels, shall another part. this the very Instructions that have been alledged, matter Rodolph, hath been laid before and the matter Treason, and not private you plain plot for Rebellion, and for In cause And whou? Sent he not answer to vasion the realm, set forth the Scotish the duke, the name Quarante Would Iłodolph make answer and advertise him
that never sent him, and matter that
Scotish queen, only will deal with the matter Rodolph's Message, and the effect thereof: And the duke's adhering the queen's enemies
queen's Letter, which was deciphered Hickford, the duke's cominandment,
never sent him about? By this you may see was hath been declared. —And here he the intent the Message. Now shall you see
hath been said unto you: the effect whereof
what Answer was returned.
the Device putting men into the field, and The bishop Ross, after this, sent over
repeated the effect, that Letter, containing
seize the Scotish queen. Now the device servant his, one Charles Bayly, fetch cer were followed, and the duke were doer tain Books that were printed those parts
Rodolph books containing very seditious matter, whereof were practised with for the Journey, re have seen some, permission, tending
were consenter unto
ceived his Message that end, went and these ends. First, therein conveyed the pursued scnt Answer accordingly; then Scotish queen Title the crown England,
must needs that here matter High
Descent above the Conquest, and labour ing impair the interest our kings that have reigned since the Conquest. Then the
Treason, and the duke hath been shewed
Norfolk guilty the Declaration
Ross, how Rodolph Judgment the right the crown this was the pope's Factor, was commended the realm reduced an universal law, which Scotish queen for messenger this mat they call Jus Gentium, and the discerning ter, was conferred with about Articles were thereof exempted from the laws this realm.
devised, they were shewed the duke, and the And that universal law they establish one
Barker, and the bishop
duke himself hath confessed that spake with Rodolph, and that saw the Instructions. Now the question, How far the Instructions extended, whether matter High-Treason,
universal Judge, whom they insinuate
the pope, whose Bulls you see have passed prejudice the queen's majesty's undoubted right. This Charles Bayly being those parts
for this occasion the Books, met with Ro for his excuse, That the Instructions were but dolph Brussels, after that Rodolph had had
hath been alledged, The duke saith
private cause Money, and that when
Rodolph required him write his Letters, the
duke refused and cast him off. See how this
accordeth were but private cause,
whereto served that refusal write As well him two Letters for two mobiemen of this might Letters, Instructions, pursued realin, both Cipher: but whom the
private cause. What needeth that secret Letters were directed, Charles himself could coining the might-time about private cause not tell; for Rodolph subscribed the letters The duke himself confesseth, that the Instruc himself, one Quarante, the other Toronte, tions were shewed him before Rodolph came Charles Bayly bringing their Books and Let
him; confesseth also that Rodolph was commended the Scotish queen; the In structions have here been shewed, contain ing the matter his Journey, and extending
the Treasen He came conser with the duke. Now your lordships judge why, and about what matters they conferred.
ters, was taken Dover, the books were brought the Council, the pacquet Letters were conveyed away the bishop Ross and daily more and more grew the suspicion, reason the repair the bishop Ross's servants the Marshalsea, where Charles was. At length there were sletters taken be
owa knowledge, declare, how, for furniture this Message, there were letters credit de
ing the recovery Rodolph's pacquet. this
vised the name duke Norfolk, king, and the duke
so; scribe them,
the Scotish queen and the the pope, the Spanish Aiva; the duke refused
fear, fire should, de:
pacquet was the advertisement the voyage, from Rodolph the name 40. This Letter
the success the duke,
his dispatch from the duke Alya, and wits hasting the pope; and therefore having haste journey, and much write, and small
leisure, desired Charles Bayly write for
The bishop Ross and Barker do, their tween the bishop Ross and Charles, mention
Rodolph's was sent the duke from the bishop Ross Barkcr; Barker delivered the duke,
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1017] STATE TRIALS, 14 Eliz. 1571. —for High Treason. [1018.
from whence it was sent back again to the and 30 for the queen Scots. When told bp. of Ross by Gutbert, and by Gutbert it me first had the cypher, asked what was deciphered, and carried again to the should with and how should read duke by Barker: upon this ocasion Gutbert having cypher? Barker answered, that was sought for, the duke conveyed him away, was left with Gutobert; for Rodolph, his de and this conveying away of Gutbert, the duke parture, had told him, That would write hath confessed. If this be thus, then must it answer the money for the Scotish queen, and needs be that Rodolph was sent by him, and that would leave the cypher with Gutbert; to such end as the letter bringeth answer of. In and that had done, and the letters de the Letter, this was contained, That Rodolph cyphered did appear, that the duke Alva had spoken with the duke of Alva; that he had had promuised aid
very good and loving audience; that the duke for her necessities but could not
; yet
of Alva lovingly promised the help that for want commission, but soon had could and that he would commend the cause commission he would. When heard of this the king Spain his master and ad misliked this dealing with the duke Alva,
vised Rodolph forward the pope, and having before refused write him the that he said he could not do farther without matter Rodolph's request; and threatened
more warrant, which would seek procure. Barker dealt any more with me. The
me, Barker said, but where they should land and London How Solic. This your Answer more
Also certain questions were asked the duke Letters might Alva; as, What fort was between the haven knew not much.
near London was So the nearness of Lon don was respected, how incommodious soever your lordship saith the place was for horsemen. These questions belike depended upon the matter propounded, which touch the Plot
the Treason, and not private cause, your lordship pretendeth. The duke Norfolk
confesseth the receipt these Letters, and the deciphering them. So, Charles Bayly,
the matter contained them April last, yet knew not who was 40 nor 30. This was
than bare denying, and your Speeches, upon your own credit only.
Here was read Barker's Confession, concerning Rodolph's Letters Cypher, and the Decyphering Gutbert, and the port where the Walloons should have landed, &c. — Then was read the bishop Ross's the and 13, the same effect.
Then Mr. Solicitor recited again the effect the letters, and the said confessions Ross and Barker, and proceeded farther thus:
these agree one concerning. the Letter; now the Letter be
Gutbert, and Gutbert being
was sent for the council, was conveyed
away the duke's means, the duke himself hath confessed.
Barker received this Let
this falleth out also very likely for the time; ter still themselves, and might bring me ano for Rodolph departed home about Easter ther letter, containing only such matter before. was contented with, containing the private
IHere was read Charles Bayly's confession, cause.
ad 3. Solic. An unlikely matter; but thus you
Solic. Now you see what end the effect see the duke confesseth the receipt the Let the Message tended; you see what was, ter, only denieth that was this effect. aud how was done; you see how was was confessed, that letter this effect was ceived, and the duke Alva's Questions upon written 40; also confesseth, that 40 was now you shall see the contents the An for the duke himself. The duke of Alva's
swer, the Examinations the bishop Questions proved the form the matter; the Ross, and Barker; the receipt the Letters duke read that Letter.
of Answer the duke himself hath confessed. Duke. read not that letter, but another
Duke. Where they say this Message was matter, and you bring but one witness prove
strangely conveyed, treason known
and yet the person not known wrote it.
matter, himself that
Here was read Charles Bayly's Letter. These Letters Rodolph were conveyed
Duke. may Pter you spake
and that Gutbert decy contained the matters that ing the rest his Dispatch Itoine. And you alledge; may that they kept that let
the bishop Ross deliver and 40, refer phered and that
sent by 40;
my privity, j. it. reason that was meant
deny do
never wrote Rodolph, Solic. There two witnesses, Barker and knew not his letters were the bishop Ross, severally examined, who
refused
me, but
they should me; for was matter wrote the letter himself containing the Trea
ing decyphered
able discover the whole, this Gutbert, when
Barker said and was not likel agreed directly, expressing Bayly And
also
was not privy and cypher which had son, and not knowing whom the letter was not; Rodolph left Cypher with me. As for directed, accordeth with them.
the taking the pacquet, knew nothing Duke. Barker and Gutbert might make the
the letter never saw cypher; Barker brought letter themselves, and put and out what they tile decypher, telling me, That 40 was for me, list. -
for the Scotish queen
Rodolph's request, wrote the two letters
ciphers; Itodolph himself directed them
and 30. Charles being taken, and confessing
the writing, and bringing these letters, and the contents
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1010) STATE TRIALS, 14 Eliz. 1371. --Trial of the Duke of Norfolk, [1020 Solic. Why did Rodolph write you a letter Then Mr. Solicitor said farther the peers;
at all 2
the letters out of Cypher, and I had not the The lords that here the privy-council do cypher, nor saw any such letter as you alledge. know very well, not meet here open pre Solic. It appeareth farther, how after this sence be uttered, because toucheth others dispatch with the duke of Alva, Rodolph went that are not here now named but by forward on his Message to the pope; and hav her highness's order, we pray that their lord
ing also good success there, he so advertised ships will impart unto you more particularly. again. The pope sent letters to the duke and Flanders, the ambassador foreign the Scotish queen, to this effect, That he liked prince, there the whole plot this Treason was well of their Enterprizes, &c. Would Rodolph discovered, and servant his brought have gone to the pope and procured letters, if her inajesty's intelligence; the minister not he had not had Instructions accordingly The meaning conceal foul and dishonourable duke himself hath confessed such a Letter, practice, gave intelligence hither letters, conceived there came Letters, both of one te and hath therein disclosed the whole Treason
nour; the one by the way of France, the other such form hath here been proved unto by the way of Flanders: the effect you have you: wherefore refer the more particular De heard, and the receipt is confessed. claration thereof the peers the privy
plain, easy and
Here was read Barker, ad 29. Strangers into the realm invade and levy
Solic. Thus you see the effect this Letter, war, with the appurtenances both miserable and how this was directed the duke from and many. This request am now make,
Rodolph, also the name 40, deciphered that for proof these Treasons, that will
Gutbert, and delivered the duke intreat you have memory what hath be Barker. The duke received and read and fore been said; for though the Proofs these said, Rodolph hath been Rome, perceive Treasons we divide several parts, for ease
have also, my lords, one thing more say Duke. I know not. Barker' presented me you from the queen's majesty's own mouth
Duke. Barker indeed brought me about 6 council.
or 7 lines, written in a Roman hand in Latin, Then began Mr. Wilbraham, Attorney beginning thus, Dilecte fili, salutem. I asked the Wards, and said this effect
what it was 2 and Barker told me, it was a let Wilbraham. There yet something un ter from the pope to me: wherewith I was of spoken, consisteth two points, will be
. .
fended, and said, A Letter to me from the pope! both. The matters are
What have I to do with him, that is enemy to understand. Let my lord answer, and your my religion and country How cometh this to lordships shall easily judge them. Here pass so I received and not otherwise and have been set forth before you the imagining Barker excused and said, That Rodolph had and practising the Deprivation and Death procured for his own credit. the queen's majesty, with bringing
there will nothing done this year. this appeareth, that reproved not Barker for bringing unto hin, for Barker brought
and shortness, the seeking the Marriage,
Rodolph's Voyage, the success thereof, and the
Residence that remaineth, ought com pared together; any one appearing plainly
him twice: would have brought him
the second time, the duke had been angry true, giveth credit the rest. The queen's
with him for the first?
Duke. knew not at the first time what
was, for was Cipher.
Then was read Barker's Confession the
majesty's proceeding this Trial very ho nourable, mild, and gracious: the Confessions
eighth.
Duke. me falsely.
-
not credit, accuseth
have been made torture or constraint.
them, and each part
the parties freely, without You shall see each of prove the other, the
Barker
whole shall clearly out doubt; where the earl Northumberland and his wife, the earl Westmoreland, Richard Norton, and others
the north parts raised Rebellions, and levied open War against the queen's majesty within
her realm; and being overthrown the queen's power fled into Scotland, and there
Solic. He was your servant, and near place and credit about you; why should ac
cuse you wrongfully
Duke. He was not credit about me;
for used him not this years. - Solic. That not so, hath well appear
were received the duke Chastelleroy, the ed. Besides this, the conveying away Gut lord Harris, the lord Hume, the lord Buccleugh,
bert, which was done your means, and who deciphered this Letter, and could have dis closed the matter, proveth great guiltiness.
Duke. He was conveyed away his own
request made, and not for my safety.
and others, and by them were comforted and
detained against the queen's majesty, requiring
have them delivered. Her majesty being denied have them restored, published and proclaimed open War against those Detainers
her Rebels, and appointed the earl Sussex,
her lieutenant-general, with army invade
Scotland, and there pursue those her ene
mies, sparing the rest. He entered into the land, made open war upon them, blew their
houses with powder, wasted their countries,
Solic. You caused him
conveyed away, and were privy his conveying.