No More Learning

In the mean time, behold how that course was interrupted: The queen's majesty had Treaty with the queen Scots, wherein one special Article was, hat the Rebels should delivered. This the Scotish queen was loth
also proveth against you
man know the aptest And why will you say
the aptest other repeat oft produced
and liked not Norfolk's counsel
do it;she asked the duke advised that no delivered, for that were too
for every matter against you? Surely great
the countess them; and this
earl Northumberland, who would also fain have been gone might; and this oc casion, and Bannister's uneans, was this sending the money into Scotland disappoint ed. Then was there another Device taken,
That the duke Norfolk knowing this
be true, adhered unto, comforted and relieved
the said lords Scotland, the queen's ene distribute Flanders; and because should mies, receivers and detainers her Rebels; not suddenly wasted, was agreed and this also Treason. And first for the the bishop Ross, that should distributed
aiding the Rebels: after this Rebellion, and
the queen's power, they fled very bare country) where hard shifts, were they the Pope for help they him, the Scotish queen wrote their
ursued for then one Morton this was done had appointwi. Now the
Iorton was that was the procurcr the duke will ask us, What proof we have hereof. ”
Bull that was sent over against the queen's "We say, The Confessions Ross and Barker.
majesty; this Morton was that reconciled Against this taketh exception; his only an the earl of Northumberland to the Romish swer his bare denial, and his defacing their
their overthrow into Scotland,
monthly. —This Order was opened the duke Barker, the duke liked well and willed
done accordingly. man was sent over for this purpose, and the Money distribut ed. The countess of Northumberland wrote
they were driven
enforced wrote favour
sue
over the bishop Ross Letter Thanks. the Pope's Nuncio, the matter was Hereupon report was made the duke, that
church, Bull Absolution: went the Pope their message; the Pope granted them relicf, and wrote Letters the mean
time comfort them, which were directed thus: “Thomas Carolo Northumbirae West
morlandiae Comitibus, reliquisque Nobilibus Catholicis partium. Borealium Regni Angli. e To Thomas and Charles, earls Northumber land and Westmoreland, and other the Ca tholick noblemen the North parts the realm England. Belike, calling them
credit. IIe saith they are Traitors, and have confessed Treason against themselves, and not
received for sufficient Witnesses against him. This hath been well answered already
the fulfilling Story's promise, their rebellious Enterprize they were
Worshipful become Honourable.
my lords the Justices, that the law they are sufficient Witnesses. You Inay not stand upon your honour and difference degree, and thereby limit how far they are credited. But now let examine their credit, and their likeliness tell truth, and how meet this case they are believed. First, For the bishop Ross,
ed, Bishop,
great friend the duke
credit with the Scotish queen, that hath been the principal doer her affairs;
the fittest man for this Treason, the meetest
the Pope's Let
Norfolk; far
the bishop
Flanders; man used
The Letters hereof came Ross; the money was assigned
the bishop Ross sent the duke Norfolk Title the ground for his advice, and for his help convey the but such man was
since the Scotish queen's the Treason. Who then be used Who
Money them. The bishop thought best meet be heard such'a matter than he have the Money sent the West-Borderers, Scot, wise man, well acquainted with the where the lord Harris was, and with him Leo matters, well able deal them, ever hand,
nard Davis: the duke, for their special dis and every way the meetest man. He was
Scot, say you; the more blame the duke Norfolk deal with him, against the express coinmandment his sovereign upon his allegi
ance, and against his own faith, submission and promise, and himself unworthier man believed than the Scotish witness. Why should the bishop Ross accuse him falsly? What should move him it? He accuseth you, he
pleasures Leonard Davis, was not willing
cause, great difference between him and much against her honour: nevertheless, for other; kuew all; dealt all, and where that feared that the Article concerning the the rest had every one but his part play, the
wise they should
delivery the Rebels might some stay bishop Ross continually kept the stage; such conclusion, otherwise they might have had long part, answered men; when liked gave advice that the Rebels should every man brought forth their tallies, kept
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1023]
t
STATE TRIALS, 14 Eliz. 157 1. —Trial the Duke Norfolk, [1024
the stocks of all; he speaketh of that he un fellow, sufficient for skill, exercised the mat derstandeth, he speaketh credibly, he carrieth ters, acquainted with the practices, might well
proof and consent of other. Speaketh he of dreaming imalice against the duke o That cannot be, the Sometimes upon
duke never oilcinded him ; the duke was ever
his greatest friend, and be the greatest friend
to the duke, and the chief advancer of the Mar
riage that the duke so earnestly sought, as
most beneficial; he hath in his Confession affairs, the writer his Ciphers, the common
touched his own mistress, upon whom he de pended, to whom he ought no malice; he hath disclosed the treacheries of the pope, him he hath offended, he gets no more benefices at his
hand; he hath offended the king of Spain and the duke of Alva, he is fallen out with all his friends, he is fallen from all his coumodious hopes by his confession. Besides that, how hath he told it? Not at the first as of malice, and desirous to do the duke a shrewd turn ; but with leisure, after other former confessions. He held off, and disclosed nothing, till his face, though it were a face of brass, could no longer withstand apparent truth disclosed by others; except he had been mad and a stark fool, as he is very wise, he would not have thrust himself into those hardinesses, tell an untruth
carrier ciphered and deciphered letters, the common conveyer and sender his Messages and Letters between him and the queen Scots: the duke himself agreeth with them confessing sundry circumstances the mat ters, which he calleth his errors and inferior faults; with these men dealt them him self, gave them credit, therefore reason himself should take from them the credit of their confessions. —But he saith there are but two them; the fault the duke Nor folk, there are more, for there are more they were here, and the duke's means they are absent: Liggons, Gutbert, and Rodolph could tell also. The one them, Liggons,
places without suspicion. robbery shrewd turn foot the snow, the mire, hath betrayed the doer; the foot may
done, the length
sometimes accuse the head. Barker was one the duke's secretaries, privy his greatest
-
hath sent away, and findeth him France. Gutbert, the duke himself hath confessed, his own great loss and hindrance. Would the duke hath caused carried away. Ro
he, being wise, for malice the duke Nor dolph the duke himself, sent out the folk, undo his own mistress the Scotish queen; realm his message, and not returned,
and bring upon himself the hatred the duke no reason that their absence excuse him, for
Alva, the Spanish king, and the pope; and not reason that should take advantage lose his friends, and make them his foes, his own wrong, that hath made them
and indanger himself, and undo himself, with absent; their absence must stand for great confessing Treason against himself, for only Testimony against him, and judged con malice of the duke of Norfolk cannot cur with them that are present, and have con be true must needs believe him because fessed. —Rodolph, the greatest Testimony
Treason that own faculty:
speaketh the man's all, person withdrawn; but his Letters
had told
and true religion, had been vanity hear
the bishop Treason,
Ross speak; but speaking
the skilfullest man, and meetest As for Hickford and Bamnister,
matter
credible traitor. virtue, good life,
speak lively. He hath testified his Letters against the duke, and matter that himself we! } knew, not constrained, not examined, but
with the tenor and course the proceeding the Treason, advertising the duke the answer
his Message. You say dealt for you
heard.
they both still credit, the duke excepteth other private matters, not the Treason
not against them, and yet they accuse him
deeply. For comparison their Values and
Credit, the duke noble, and these are said
not able spend five marks. What then
Indeed their honour less, but thcir under the Answer had not been returned. But standing great, and their credit sufficient.
Barker misliked, and counted worthy believed.
still brought forth,
the duke not misliked that
the base instru
saith the duke, true, Rodolph talked with me indeed, required my Letters the duke
ment still played on. There good cause why
the duke continually used him you must
understand that things must done means and instruments: the heads need the service
inferior members; the heads devise, the
hands and the feet put execution. the
duke Norfolk should for every Message and
Alva, for the Scotish queen; moved me about these matters; but was angry with him,
would not write him, departed from him anger, and thus anger away went. And whither went he Even strait the duke
Alva, and from thence the pope, even
the same places and persons whom should have gone for the duke, the duke had been without anger, best pleased and contented with his Journey. To what intent, and what
matter treated with the bishop Ross,
Rodolph, and the Spanish embassador, other, Message went thither Even the same
have himself trotted through dirty Smithfield, and the streets London, unto Thames street, and other places, must necds have been wondered at, and would not have been without notable suspicion. But Barker,
that the duke said was angry moved of, and refused write in. What effect hath Gentle audience, great promises and agree ment the requests, had travailed not for man angry with the matter, but most de
that were so, then the pope had not given him charge deal with the Scotish queen, and you: the Scotish queen had not commended him you the Instructions had not been penned:
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1025] STATE TRIALS, 14 Eliz. 1571. —for High Treason. (1626
sirous. What Answer returned he? Even the taken for the Commission York, deal
same that accordeth with the Instructions con truly and sincerely;
kept not, dealt great weight with him. hath broken, both
cerning the Treason, the very plat and ground
oath were
His oath counsellor
of his Message. He reporteth Questions asked by the duke of Alva, agreeing only with the
giving advice competitor the Would he have written answer to him that sent queen's crown against the queen's majesty his him not? Would he have written as to please him sovereign lady. Now may not that
with good news of a good audience that sent him these men mean degree and value, against not From whence departed he in anger ? Ile whom not alledged that they have been
matter of the Treason, and no private case.
disclosing secrets, and
writeth of the course to be kept in execution of the Treason, which he would not have done
to him that was angry to hear of He brag geth his 10,000 Walloons, old beaten Soi diers. the duke of Norfolk had been true man, and angry with the matter, now saith, and done his duty; though they had come, his Walloons, his 'old beaten soldiers,
any time perjured may produced and cre
dited against him that hath little esteemed his oath? have heard also, that there was an oath wilfully taken upon bible, denying things laid his charge, and yet the matter found true, and himself within short space
might have been English fashion,
new beaten they were never
the old swinged
confesscd: word, bear himself,
that his oath, his hand, and his sway with him. —He submitted
subscribcd his Submission, and
added solemn promises upon his
their lives.
This Point Mr. Attorncy spake with such
sealed
faith and allegiance, not proceed the mar
grace, such cheerfulness had been ready
riage between the Scotish queen and himself: but kept not touch, broke promise also,
heart and voice,
his religion, prince and country.
the duke says was the Scotish queen's
message only, and not his (sor advancement her wrongful Claim force) knowing
this, Why sought marry her against the queen's majesty's will, and pursue
force say was Barker's single device,
send these messages, procure these Trea sons, and work all these mischiefs his own
head; what end pray you should Barker
and yet together.
well truth,
saith his hand, mouth and heart
one the doing Englishman, good christian, good subject, man enough for
it; like hearty true
they together
foreign prince, and
the right way, together un
therefore
stand much
vâncing own credit, which himself hath much decayed. Now will the Proof. Duke. shall hardly come, after smooth
tale Mr. Attorney the Wards can tell yet one good proof have my comfort, thrit they please your lordships weigh them.
dangers telling truly falsely: they uttered and were true,
then stood they but danger their bodily life; they should falsely accuse, yet that ac
cusation suffering against themselves for trea sons, they lost both body and soul, falsely
accusing others. The duke was their master, they his servants, and his true servants, and
such were gain his prosperity; would they untruly accuse him, the stay their pre-, ferment? For though they traitors, and how sucyer they otherwise without credit, yet
against the duke Norfolk they are well bc believed. -
Now on the other side consider the duke's
the difference
own credit, which hath
impaired and made inferior
degree You have heard WOL.
his own doings these lower
his oath especially
our law, and Bracton
stranger, bonduian may witness
circumstances
not for my lord upon the discrediting
Norfolk
the Witnesses, and ad
you would not have dealt thus untruly with but advance the Marriage the duke me, would not have taken exception against
his master, and the Scotish queen And was this without the duke's privity Could Barker compel the duke take wife his pleasure? Examine now these Witnesses, and weigh their credits together; consider then severally, their credits are great; join them altogether, they much greater, but severally examined,
greatest Add that
the duke's own Confessions
concerning himself, and their uttering mat ters Treason against themselves; consider
them, though chiefly challenge none but
Barker, whom you may see what fear may
do; besides that they have confessed them selves Traitors, and men no conscience credit. well known that Barke's stomach
nothing; hath been known well enough. Fear hath done much him. The bishop Ross also fearful man. As touching Barker and the bishop Ross, Bracton hath saying, That witnesses must freenen, and not traitors, neither outlawed nor attainted.
Catlin. None them outlawed, attaint ed, indicted.
Duke. mean not that they were indicted, but they case, for they have con sessed themselves Traitors. He saith also, they must legales, lawful men, and cannot strangers be, the bishop Ross and l&odolph
these strangers that charge me only; the
other having dealt disloyally and confessed against themselves, are not believed. As
Barker, have not used him for my secre tary these years: entered with the bishop
according one, they
and
all, and not possible
false.
but evil
when they
Ross, and dealt with him against my knowledge.
Catlin. Bracton indeed
these matters
an old writer of may Witness;
and
dangerous
ask you the Judges here. —And the Judges affirmed that nay.
it,: Ifhe
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1027]
STATE TRIALS, 14 Eliz. 1571. -Trial of the Duke of Norfolk, [102s
Duke. Ifa Stranger be to give Evidence And again Ross, Nov. Fo. Also Ross, 29, whereby lands should be recovered, you shall 1700 crowns sent Moreton's means, and not recover upon that Evidence given by a what Moreton was.
Stranger. Wilbraham. You hear how the Money was
IWilbraham. This were a strange device, procured; how was distributed the duke's that Scots might not be Witnesses; for so, if order, and Thanks written the countess
a man would commit Treason, and make none
privy but Scots, the Treason were unpunish
able; and so were a kind of men found out,
with whom a man might freely conspire Treason.
Northumberland for the receipt which was also declared the duke. You shall
hear, that after the practice the Marriage,
was general rule between the Scotish queen and the duke, That the bishop Ross should never propone the queen's majesty's council,
Duke. You say my Indictment is only upon
the statute of 25 Edw. 3. That statute stand nor deal any great matter, but the advice
eth upon three points, compassing the Death
and directions of the duke of Norfolk.
Here was read, for the proof thereof, the
bishop Ross.
Wilb. This plain course.
prince's person, levying against of War
of the
the prince, and aiding of the prince's enemies ;
-
and these must proved overt-fact.
any way, any overt-fact, you can prove that
Duke. What doth this inake against me?
Wilb. That he followed his Commission,
have directly touched the prince's person,
that kept his manner conference conti any nually, and that according that use, the
done any the said things that the statute ex tendeth to, will yield myself guilty.
Money was distributed your directions. great Duke. He dealt not with me
thing doubtful, the Statute referreth the judgment the parliament.
Catlin. Usage the best expounder
the
time, and can tell when broke off and dealt more with me; was never privy the distribution the Money, nor never spake
law, that the common use how the statute
hath been taken and expounded; and the
with Barker about it; was the Tower that time.
same statute but the declaration of the com mon law.
Duke. The preamble the Statute
bring the laws treason certainty, that men may certainly know what treason.
Wilb. That was when you were not the Tower; they lurked Flanders while great necessity, without apparel, and suddenly,
Attorney-Gen. You complained your with this money, they were waxed gay and
these men have consessed that
your order and direction. Duke. None accuse me but absent, stranger, and traitor.
privy Treason must be refused for Witnesses, then should treason proved; for none can tell
destruction the prince's person, the lords majesty's Enemies, and Maintainers her Re upon the Evidence already produced, think bels. The Rebels, after their flying into Scot the matters true fact that are already land, were there received the duke Chas alledged against you, surely the same must telleroy, the lord Harris, the lord Hume, the needs construed compassing the lord Buccleugh and others; and being there, queen's Death for the Law Treason hath they entered again new into the realm, and ever been largely construed for the prince's made new roads, and burned and wasted Eng safety. Think you that practising levy War land with fire and sword. These Scots, that within the realm not Treason Yes, indeed thus assisted the Rebels, the nobles Scotland
and compassing the prince's Death. that remained amity with the queen's majesty, Sir William Stanley's Case was this did went about suppress. The queen's majesty but send Clifford over sea, hearken and send proclaimed open War against them; she ap him word what Perkin Warbeck was that pointed my lord Sussex her Lieutenant, with he thought Perkin was such man was strong army invade them, and pursue said be, would take his part. This was both the rebels and the said Scots that were Stanley's Case, and this was judged Treason, her enemies. This my lord Sussex pursued, and compassing the king's Death. made open war upon them, burned their towns,
Here was read Barker's Confession the 6th houses, corn and goods, blew their castles of November. with powder, and kept good peace with the
Duke. it;never dealt with that Money, nor rest were they published the queen's ene heard dealt not that time with mies, both Proclamation, which here ready
close keeping, that you had Books provide
for your Answer; seemeth you have had books and counsel, you alledge Books, Sta
tutes, and Bracton am sure the study such books not your profession.
Duke. have been trouble these two
years, think you that this time have not had cause look for myself
three,
one
but they that privy, and such are guilty. Now the second point, That you adhered proof, whether you have done any thing the to, and aided the Scotish Lords, the queen's
Attorney-Gen. But you stand still upon
the rebels, shewed, and open war itself, the best proclamation all. The queen's power there Ross's Con tarried great while, some came home, some fession the same matter, November, remained still Hume-castle, and other places.
Barker, nor heard any thing since they went into Flanders. Then was read the bishop
Wilb. And every one that
distributed
of of I
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1029] STATE TRIALS, Eliz. 1571. —for High Treason. [1030
These thus known the queen's enemies, and
published, the Scots that were the queen's
friends did still pursue far, that the said Scot
ish queen hearing thereof, complained the
duke Norfolk, viz. How she had aid from
France, and none came all, her friends the queen's majesty's enemies, and touching
Scotland must force be constrained
yield: She prayed the duke Norfolk's advice. The duke inade answer, and Hickford wrote
the Scotish queen, That she should procure the French ambassador's letters them Scot
land, put them some good hope, that they
might hold out while till aid come. The Scot
ish queen accordingly wrote the French em
bassador M. Mot; and wrote six letters the lord Harris and other lords
Scotland, with fair and comfortable promises. The pacquet these letters were sent the
the 6,000l. the French embassador had 1,400
crowns ready relieve them, which sent
the Scotish queen, know how should bestowed. She would have had the duke to
make 3,000 crowns; she sent 1,000 more herself, and referred the direction all the
duke himself. The duke having the chief charge all, willed 2,000 crowns con
duke,
letter Bannister,
upon the west borders
Lowther should convey
The duke was made privy day after Bartholomew-day
had
caused sent with
ris. Hickford, the duke's secretary, delivered
this French pacquet, and the other letter
Henry ‘the duke's footman, who
carried Lowther,
convey Lowther Scotland, and that
over the lord Har
Duke. confess that caused the Let ters sent, but that procured the Letters
be written, remember not but therein trust Bannister's memory.
Wilb. Now for sending Money relieve
veyed the queen's
Scotland. The bishop should be sent sewed
majesty's Enemies
Ross had devised, that Panton's doublet.
the Sun because Panton was Scot, and like be searched, this de
vice was misliked, was the inoney delivered Brown Shrewsbury; and rehearsed
the manner the delivery Brown, and the Letters Cypher, was afore rehearsed
Mr. Attorney-General.
Duke. received the Money Tham
bour's hands; was not - the writing
the Letter Cypher. Wulb. said not so.
Then was read the Letter Bannister: “you shall receive bag this Bearer, &c. ’
Bannister, and Bannister sent
Colboru, his servant: and
cause his servant's going, and
certainty, whether came Lowther's hand
no, Hill feigned privy token between him
and Lowther, about the gathering the rent the lord Dacre's lands. Lowther sent over the
dissemble the know some
Duke. not deny the conveying the acquet, and returned answer Bannister, that Money; but never came the queen's Ene
had sent the lord Harris, and willed Colborn tell him, which was their privy token,
mies hands.
Wilb. was out our possession; Panton was sent before receive the Money.
Duke. Not my knowledge. And for
that though were troublesome, yet gather the rents for him.
Here was read Barker's Confession.
That July last received the pacquet, &c. —Also, Hickford's Confession the same day,
with great Protestation why confessed not the first, but tarried till Barker had disclosed;
because would not counted his master.
betrayer
were the queen's enemies.
Wilb. That no matter; for the Indict
ment generally the queen's Enemies, and you know the Money went the lord Harris.
Duke.
Lord Harris was not appointed have any part - Wilb. This matter, was comfort him, being the queen's Enemy, the
have the countenance and dis his pleasure: beside that, you would not pass without
some share to himself.
Duke. May subject the queen's ma
jesty's Enemy, while the prince her friend, and amity with her
Catlin. In some cases may As France, the dukedom Britany should rebel against the French king, and should (dur ing the amity between the French and queen's
Wilbraham. You hear how Barker bewray
eth you hear also how Hickford himself con
fesseth and what manner, pray you,
they disclose it? they make haste accuse tribution
the duke, but leisure; and Hickford may sure
maketh matter great conscience, utter
against his master: and here
learned servants. Treason and foul offence
lesson meet Many supposed
utter their
master's treasons; they must otherwise think dangerous opinion.
Duke. challenge not this man,
Then was read Hickford's Examination,
of
Oct. Also Bannister, Sept. Bannister, Nov. pa. Also and Sept. ante and
The same Bannister,
majesty) invade England, those Britons were the French king's subjects, and the queen's
would
Sept. Grange and Ledington, have not heard they
enemies,
Wilb. Thus appeareth, that those the amity; and your case.
Scotish queen's friends Scotland, for whom she sorrowed and feared their yielding, were the queen's majesty's enemies; and how
Duke. Where was the Proclamation made?
Wilb. The Proclamation was made Eng land, and here shewed; but the war those the duke adhered, those comforted, for itself sufficient Proclamation. The queen's
those procured the comfortable Letters army was sent against him, and the queen sent, you have heard. not otherwise bound proclaim.
Factor, and
the French king remaineth
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1031]
STATE TRIALS, 14 Eliz. 1571–Trial of Duke Norfolk, [1032
trust my lords the peers will have and the lords thy peers have found thee Guilty: me, who they that accuse Wherefore thou shalt be bad from hence the
Duke.
consideration
me, the bishop Ross and strangers; and the Tower London, from thence thou shalt
rest over-reached Treason themselves. drawn through the midst the streets Lon
The Lord Steward asked they had aught don Tyburn, the place execution there else say. The duke said, trust God and thou shait hanged, and being alive thou my truth. Then the prisoner was withdrawn. shalt cut down quick, thy bowels shall
Then the Serjeant made Yes! saying, taken forth thy body, and burnt before thy
“My lord grace the queen's commissioner, high-steward England, chargeth men keep silence upon peril Imprisonment. ’
face, thy head shall smitten off, thy body shall divided into four parts quarters; thy lead and thy quarters set where
Then the Lord Steward spake the lords, shall please the queen's majesty appoint
and the Lord have mercy upon thee. "
Then the duke said, “This the Judgment
Traitor, and shall die true man
the queen, any liveth;” knocking himself place prepared the Chancery Court for con hard upon the breast, said, will not desire sultation, and the prisoner was withdrawn. The any you make any petition for my Lords continued consultation an hour and lite; will not desire live, am point.
together.
and willed them
Note, That the Money was taken the
way.
Then the Lords withdrew themselves into
quarter; the Lord Steward still remained
his seat. After hour and quarter, which
was immediately after eight the clock night, the Lords came again upon the Scaffold,
and took their places, they were afore; and
And my lords, seeing you have put me out
every them severally, sitting their places, begin
then the Lord Steward demanded
your company,
company only
humble suitors
poor orphan children, that will please her majesty good my poor orphan children, and take order for the payment my debts, and some consideration my poor servants; for am point. God doth know how true
heart bear her majesty, and how true Order and Form heart my country, whatsoever this day hath been falsely objected against me. Farewell,
trust shortly better beseech you my lords,
the queen's majesty for my
ning the youngest baron, this manner:
‘My lord De Ware, What say you, the
prisoner guilty these Treasons not And
they severally answered
following Ware, Buckhurst, La
St. John Blet my lords. ”
shoe, North, Rich, St. John, Mordant, Burghe, Then the Lieutenant was commanded
Wentworth, Sandes, Mountjoy, Grey Wil avoid his prisoner; which thing was done. ton, Burleigh, Howard, Hereford, Leicester, Then the serjeant made Yes! and pro IIertford, Pembroke, Bedford, Warwick, Ilunt claimed thus; “My lord's grace, the queen's ington, Sussex, Worcester, Kent, GUI LTY. commissioner, high steward England, charg
Then the Lieutenant was, the Serjeant, eth persons depart God's peace and
commanded bring again the prisoner the the queen's, and hath dissolved his Commis Bar, which he did. sion. ’ And therewith the Lord Steward stand
Then the Lord Steward said thus: “Thomas ing afore his chair, broke his rod the
duke Norfolk, thou hast been heretofore in midst, and the people cryed, God save the
dicted High Treason, and hast been arraign upon the same, and hast pleaded Not Guilty, and hast put thyself upon thy peers; the lords,
thy peers, have found thee Guilty: What hast thou say, why may not proceed judg
Queen. Amen.
The Duke's Erecution.
On the June 1572, about eight the morning, the Duke was brought Scaffold erected Tower-hill, attended Alexander
ment? ’ The duke answered, “The Lord's will
done, God judge between me and my false Nowel, dean St. Paul's, who having desired
accusers. "—Then the axe was turned the edge the people keep silence, the duke said: towards him. “It not rare, good People, see man Then stood Mr. Serjeant Barham, and come die; although, thanks God,
said, ‘It appeareth that Thomas duke Nor since the beginning the queen's majesty's folk hath heretofore been indicted High-Trea reign this place hath not been any such son, and now hath been arraigned upon the hath been, and the mercifulness her má same, and hath pleaded Not Guilty, and hath jesty, whom God long preserve. But since put himself upon his peers; now the lords his my fortune the first, pray God may peers, upon consideration the Evidence the last. You know have been long shewed forth prove the indictment, have looked for this present Case mine, divers
found him Guilty. am most humbly pray times this place; but your grace Judgment against him for the mency prolonged hitherto. ”
her majesty's cle not common
queen's majesty, according
Then said the Lord Steward: “Thomas duke Cambden says, that
the Verdict. ”
many designs were of Norfolk, whereas thou hast heretofore been set on foot deliver the duke of Norfolk out indicted High-Treason, and bast been ar the Tower, hastened his Execution, which
raigned upon the same, and hast pleaded Not had been put for near four months. Guilty; and hast put thyself upon thy peers fine, the duke was beheaded scaffold,
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10:3]
STATE TRIALS, 14 Eliz. 1571–for High Treason. [1034
to see a man of my vocation to be a speaker; judge; although many lewd offers and motions nevertheless I will be brief, and gladly shew were made me; for well known had
you the estate of those Offences which my with him, reason was bound him conscience doth burden me for. I have been Recognizance for great sum Money.
by my peers found worthy of Death, whereof I And for the two Letters that came from the
do acquit them; for I come not hither to pope, confess did see them, the one justify myself, neither yet to charge my peers ciphered, the other deciphered; never con
with injustice, but rather submit myself to this sented them, neither was consenting which God hath prepared for me. And thus the late Rebellion the north, notwith considering the weakness of my flesh and blood, standing come not hither unguilty. — that at such a time a man's senses will partly To the second Part, know have not only fail, I do mind to divide my Speeches into been thought papist, but Favourer three parts, desiring you to take it full and papists, and Maintainer them. God my whole, and not to tear it in pieces. —And first, Judge, before whom stand, (listing eyes), in dealing in matters temporal towards the thank God was never papist since queen of Scots, I dealt not as a good subject,
for that I made not the queen's majesty privy
thereunto, which indeed I confess I ought to
have done; for this Offence I was committed
to this house (pointing to the Tower) and,
upon my humble Submission, delivered; then
assurance faith his blood, that my
making Promise to the queen's majesty (whom
only Redeemer and Saviour: Indeed must confess that had servants and friends that
I pray God long to prosper) never to deal in
those matters again : But contrary to my Sub God's church, any Protestant, desire God
knew what Religion meant; but did always
detest Papistry, and the vain toys thereof,
embracing ever, from the bottom my heart,
the true Religion Jesus Christ, trusting, the
were papists; but thereby have offended
mission and promise made to the queen's ma and them forgive me. —Well, now the jesty, abusing her clemency towards me; which third Point, wherein am shew how much
hath and doth grieve me more than any one am bound the queen's majesty for her merci thing hath done ; I dealt in this inatter again, fulness towards me, that her majesty hath perfectly for saving my life, and other causes promised good and gracious my poor which I could alledge. ” children. remiember good father Latimer mak
[Here Mr. Sheriff Branch, standing by the ing Sermon nore honourable place than Duke, desired him very courteously to make this out the pulpit, neither compare
[Now Mr. Christopher, one the Officers, have most gracious queen, must needs
an end, as short as might be, for the time did myself him, said, “That God did often spend. ‘times take away good and gracious prince,
Then the duke beginning again, said, “It for the sins
hath been bruited, that I took my Oath, and which God grant not these days, but received the Sacrament, that I should never that will please God continue and increase deal in those matters again ; which is untrue; her majesty's years; yea, until the world's end, and yet the Oath too much. his blessed will and pleasure. You
hearing these Words, desired the Duke
short: We are come hither, said he, see you put Execution, and we must not delay while these Speeches pass from you, for
hazard our lives.
more great deal, that have abused the breviate God's doings, lest God prevent yours. ”
queen's majesty's mercy towards me; whom And then the Sheriff hastening him,
once again, with hands listed up, pray God turned the People, and embracing Henry long preserve and reign over you, and that Lee, said, “I have, and always have had true
my death may end troubles. And heart my prince ever any subject hath augment my fault, said had familiarity had. ” And Henry Lee staying him the with evil dealers: Indeed will confess and left arm, kneeled down and asked the queen's
tell you, that never saw, nor never had con Forgiveness; and rising again, embraced ference, but once with one Rodolph, and yet Mr. Dean Paul's with chearful counte
never against the queen's majesty, God my nance; and afterwards for the most part
Then the Duke said, “I
my self, but come discharge my conscience,
not excuse
this we
confess, and also godly Religion; therefore look
that your livings and conversations answera ble the Religion Christ that proves you;
that God may prosper the prince, overthrow the pope, and maintain your wealth and quiet
my person, good people,
ness. Let not make
my Speech worse; they that have factions, speak not particularly, but generally, them
and acquit my peers, and not complain
any injustice, for have deserved this, and beware they given over betimes; seek not
Tower-hill, June the 2nd. He died with great courage and magnaniinity amidst vast crowd sorrowful and weeping spectators; for
shaking those that were the scaffold by the hands, and desiring them pray for him;
amongst the rest, the Executioner did on his knees desire forgiveness his death, who did very courteously forgive him, and put into
incredible, says our author, “how dearly
was beloved the populace, whose good-will the hand the Executioner four sovereigns
suitable
great prince. ” silver. This done, the duke kneeling down,
bad gained munificence and affability gold, and eighteen shillings and pence
disobedience his subjects;’
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1035] STATE TRIALS, 14 ELIz. 1571. –Trial of the Duke of Norfolk, [1036
dicte d'ne Regine erga ipsam d'nam Reginam
gererent jure gerere tenent' penitus sub
trahere delere extinguere intendens vicesimo
secundo die Septembris anno regni d'oae d'ne
n're Elizabeth Regine nunc diversis aliis
commend my spirit. Then arose and ditare veram etiam eand'm d'nam Reginam pulled off his velvet govn, his black satin mortem finalem destructionem adducere
and the dean of Paul's with him, he made his
Prayers to God, and read the 51st Psalm, say
ing on to the last Verse save one, viz. Build up
the Walls of Jerusalem ; he paused and said,
“ The Walls of England, good Lord. That Psalm finished, he began to read another; and
at the seventh Verse of the Psalm, he paused
and said, I had almost forgotten, but not too proditorie conspiravit imaginat' fuit circu'ivit late; I ask the world forgiveness, and compassavit d'cam D'nam Reginam supre forgive the world. The Psalm finished, and mam d'nam suam non solum regali statu other prayers; said, manus tuas, Domine, tit'lo potestate regimine Regni sui Anglie commendo spiritum meum, Lord, into thy hands penitus deprivare deponere deicere exhere
doublet, and his velvet might-cap, and gave them the Executioner; and being white fustian waistcoat, said Mr. Dean Paul's, This the white satin doublet made
die which the Preacher did speak of;
and kneeling the block, laid down him
self, and rose again, and laid the straw and
other things such sort, might more
convenient manneryield himself for the speedier
Execution. This done, his eyes and hands
lifted up, Mr. Dean desired the people's silence, and said, Now together, with one voice,
ponere: Ac Seditionem dicto regno Anglie suscitare levare facere etiam stragem
miserabilem inter subdit dicted'ne Regine per totu' Regnu' Anglie gen'are causare, in surrectionem rebellionem versus d'eam d'nam
Reginam supremam naturalem d'nam suam procurare suscitare, guerram publicam
acerrimam infra hoc Regnum suum Angl' con tra ipsam d'nam Reginam suscitare levare habere gubernationem eiusdem Regni
sinceram Dei religionem eodem Regno recte
pie stabilit' pro voluntate liberto suis mu
per universas suas p't' bene institut ordinat' "totaliter subvertere distruere diversos ex
pray for him, saying, Lord Jesus receive thy
soul. The Duke yielding himself the block,
refusing have any handkerchief before his
eyes, his head was one chop cut off, and traneos alienigenos non existent' subdit' shewed the people; and afterwards his dicte d'ne Regine hoc regnum Angl' hosti corpse was put into cofin appertaining
Barkin church, with the head also, and the burial-cloth laid over him, and was carried by four the lieutenant's men, and was buried
the chapel the Tower the Dean St. Paul's.
Here follows the Latin INDIcTMENT.
liter invadend' guerram acerrimam versus eandem D'nam Reginam eodem Regno levand' suscipiend' faciend' incitare procu rare inducere: illa nequissima etne phandissima proditoria imaginationes compas sa'cones inten'cones proposit' sua pred'ca
perficiend' ip'e idem Thomas Norf"k sciens perfect' intelligens Ma
riam nuper Scotorum Reginam clamasse pretendisse tit'lum int'esse presentem pos
sessionem statu' imp'alis Corone hujus Regni Angl Sciensque perfecte intelligens pre dicta Maria nuper Scotorum Regina preantea falsissime nequissime etinjustissime asseverasset
Per
Indictamenta Michael' riij. Elizabeth Regine.
Midd'
aiiij.
“IN QUIsITIo capt' coram d'na
defensoris, &c. quartodecimo per sacr'm Thome beth'nullum jus neque titulum adCoronam hujus
Regina Westmonastero die Jovis proxim post octabis sancti Martini anno Regni d'ne Elizabeth Dei gratia Anglie Frauncie Hibernie Regine fidei
apud
Gresham Militis Thome Chamberlen militis Will'imi Hollis militis Francisci Newdigate
Regina falsissime nequissime injustissime Wrightman armiger Thome Higate armiger' usurpasset stilu titulum Regine nomen hujus
armiger Will'mi Hawtree armiger Will'mi
Regni Angl'h'uit. etiam sciens perfecteque intelligens prefat Maria nuper Scotorun
Johannis Marshe armiger Will'mi Clarcke ar miger'Anthonii Colclothe armiger Edwardi Os borne armiger'JohannisIseham ariniger Robarti
Regni Angl'. ipsa pretat' Maria per Scotorum Regina scripsisset no'iassetseip'am
divers' suis Script Reginam Angl': quod
ip'a ead'm Maria nuper Scotorum Regina ges
Burbage armiger Ric' Bellamy armiger Thome
Norwod armiger Jasper Leake armiger Gai sisset conjungisset arma hujus Regni Angl'
fridi Walkaden armiger'. Qui dicunt supra sa
cum armis Regni Scotie tam Sigillis vasi
bus suis argenteis q'm aliis rebus sine aliquali differens sive distinctione. insuper sciens perfecteque intelligens quod dicta Maria nuper
cr'm suum Thomas Dux Norf'k nuperde Re
mynhall Comitatu Norf'k falsus prodi tor contra illustrissimam christianissimam
Principem d'nam nostran Elizabeth'Dei gra
Scotorum Regina non revocasset nec renun tia Anglie Francie Hibernie Reginam fidei ciasset iniqua injusta clam' usurpacoes
defensorem sup'mam d'nam suam timorem
Dei corde suo non habens nec debit' legi
anc sue ponderans sed instigatione diabolica
seduct' cordialem dilectionem veram debi tea apud Charterhouse pred'cam Com'Midd' tam obedienc quas veri fideles subditi predict' falso subdole proditorie querebat
diebus vicibus antea postea apud Char terhouse Comitatu Midd' falso malitiose
tare alterare necnon statum totius reipublice
atfirmasset prefat d'na n'ra Regina Eliza
sua pred'ca xxiii die Septembris anno regni d'ce d'ne Elizabeth' nunc Regine Anglie
diversis aliis diebus vicibus antea pos
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1037] STATE TRIALS, 14 Eliz. 1571. – for High Treason. [1033
et conabat sine assensu et agreament pre
decimo ap'd Rippon d'eo Com Ebor contra dictam d'nam Reginam supremam D'mam suami eor co'i propo'ito assensu cum magna
multitudine gentium numerum quatuor mille homin ultra modo guerrino armati arraiat' seip'os illicite falso proditorie insimul congre
Regine supreme d'ne sue seip'm conjungere et in Matrimonio
fat d'ne n're Elizabeth
copulare cum prefat' Maria nuper Scotorum
Regina. Et eisdem de causa et propo'ito ip'e idem Dux pred'co xxiii die Septembris
anno undecimo supradicto et diversis aliis die gaver assemblaver guerram publicam
bus et vicibus antea et postea apud Charter acerrimam versus dictam d'nam Reginam Eli
house pred'cam in Com Midd predict' falso zabeth' supremam d'nam suam apud Rippon
subdole et proditorie scripsit diversas literas ad predictam dicto xvi die Novembris anno unde prefatam Mariam nuper Scotorum Reginam et cimo supradicto falso proditorie paraver or
tam easdem l'ras quam diversa signa et pignora dinaver levaver', De quibus omnibus sin voc' Toakens ad illam prefatam Mariam nuper gulis proditionibus rebellionibus conspirationi
Scotorum Reginam pred'co xxiii. die Septem bus pred' cisdicti Thomas Comes Northumbi
summas: Necnon prefat Maria nuper Sco pred'ca per ip'os factaru' commissarum pre torum Regina pred'co xxiii. Septembris anno dicti Thomas Comes Northumbr Anna uxor
Regni d'oe d'ne Elizabeth Regine undecimo ejus, Carolus Comes Westmerl', Richardus supradict diversis aliis diebus vicibus an Norton Thomas Markenfelde, acquamplures
bris anno undecimo supradicto et diversis aliis
diebus et vicibus antea et postea falso subdole
et proditorie missit. Necmon eodem xxiii. die
Septembris anno Regni d'oe Regine supra torum predict' per debit'legis formam legitime dicto diversis aliis diebus vicibus antea indictat postea superinde legitime utlagat postea apud Charterhouse pred'cam Com' attinct fuer adhuc existunt prout per seperal' Midd' predict'falso subdole proditorie mutuo record'inde Cur' d'ce d'ne Regine nunc co dedit accommodavit tam prefat Marie nu ramip'a Regina remanen pleiieliquet record' per Scotorum Regine quam amicis adheren cumque post perpetrationem commissionem tibus suis plures diversas magnas pecuniarun nequissimarum proditionu'predictarum forma
Anna uxor ejus, Carolus Comes Westmerl'Rich ardus Norton, Thomas Markenfelde cum mul aliis dictorum falsorum proditorum rebella
alii falsorum proditorum rebellatorum pre dict' die Decembris anno Regni d'ee d'ne Regine nunc undecimo pro proditionibus illis extra hoc regnum Angl' regnum Scotie fu gier recessero etib'm per quosdam proceres
surum etiam idem Jur ulterius super borealibus locu' tenen' suum generalem cun sacr'm suum pred'c'm presentant dicunt potenti forti exercitu armatorum hominum quod cum Thomas Comes Northumbro nuper apertam publicam guerram proclamavit
tea postea apud Charterhouse pred'cam Com'Midd' predict' diversas literas diversa signa pignora vocat' Toakens falso subdole
proditorie recepit h'uit licet prefat Dux
tunc antea per prefat d'nam Elizabeth Regi nam super debit'legianc' sue spialit' probibi
tus vetitus fuit quod nullo modo intromittet
sive tractaret maritagio cu' prefato Maria ley, D'num Harris, D'nun IIume, D'num nuper Scotorum Regina faciend' licet etiam Buclughe D'num Fermhurste, alios prefatus Dux per diversas litteras instrument' Scotos Subditos d'ci Regni Scotie existen' manu propria ip'ius Ducis script per pre recept auxiliati confortati fuer,ac eadem fat ducem d'ce d'ne Elizabeth Regine supre d'na Regina Elizabeth' detent versus me d'ne sue missa exhibit preantea prefat' quos proceres magnates pred'cos d'ci Regni maritagium penitus recusasset renuntiasset Scotie eadem d'na Elizabeth Regina postea protestans affirmans eodem maritagio pro eadem causa per prenobilem Thoman Co nunquam intromissurum sive aliqualit' proces miten Sussex eiusdem d'ne Regine partibus
Topclif Com'Ebor Anna uxor ejus, Carolus Comes Westmerl' nuper Branspeth
ger, Thomas Markenfeild nuper Marken Norton Thomas Markenfielde predicto
feld dict Com' Ebor armiger, simul cum Regno Scotie usque Antverpia partibus Bra
Comitatu Dunelm', Richardus Norton nu
per Norton Conyers Comit' Ebor'armi dicti Thome Comitis Northumbro Richardus
aliis falsis proditoribus rebellatoribus ini bantie fugier recesser transferaver”, ib micis publicis d'ce d'ne Regine Elizabeth' dem Carolus Comes Westmerl'Anna uxor dicti Deum pre oculis suis non habentes nec Thome Comitis Northumbro Richardus Norton debitum legiantiar suarum ponderant'sed In
stigatione diabolica seduct machinantes devi santes conspirantes d'cam d'nam Reginam
Elizabeth regali Statu titulo potestate Regni sui Angl' dejicere dishereditare, nec
Thomas Markenfeilde contra legiantiarum suarum, debit' morabant manifestum con tempt d'ce domine Regine nunc legum sua rum, Pred'custamen Thomas Dux Norf'k pre missorum non ignarus sed omnia singula
non eand'm d'nam Reginam mortem nalem destructionem adducere
forma pred'oa bene perfecte intelligens
ponere intentione illas proditiones conspi
sciens die Angust' anno regni d'ee d'ne Eli zabeth Regine duodecimo supradicto apud
Charterhouse pred'cam Com'Midd predict' vembris anno Regni d'ce d'ne Regino nunc un tea pred'eo Carolo Comiti Westmerl'ac pre
rationes imaginationes suas perimplerent
effectum redigerent decimo sexto die No ac diversis aliis diebus vicibus antea pos
magnates dicti regni Scotie scil't per Jaco bum Ducem Chastle Roy, Comitem IIunt
vavit fecit, tanquam versus hostes inimicos suos regni Anglie, rac'one cujus guerre
prefat Carolus Comes Westmerl' Anna uxor
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1039] STATE TRIALS, 14 Eliz. 1571. –Trial of Duke Norfolk, [ 1040
fat'Anne uxor predicti Thome Comitis Nor Regnu' suu'Anglie levare suscipere manu thumbro diversas pecuniarum summas pro aux tenere eteandem Mariam nuper Scotorum Re ilio adiument relevamine conforta'cone sup ginam extra custod' possessionem eiusdem portatione suis mitti delib'rar'et distribui falso d'ne n're Elizabeth Regine Anglie eripere
proditorie procuravit causavit, insuper liberare predictam illustrissimam Chris quod idem Thomas Dux Norf'k die Julii tianissimam d'nam n'ram Elizabeth Reginam
anno regni d'ne n're Elizabeth Regine Angl'
tertiodecimo apud Charterhouse pred'cam
Com'Midd' predict' diversis aliis diebus
vicibus antea postea eisdem prefat Jacobo non se eundem Thomam Ducem Norf'k in
duci Chastle Roy, Comiti Huntley, D'no Harris, D'no Hume, D'no Buclughe,
matrimonio cum prefat' Maria per Scotorum Regina conjungere copulare.
D'no Fermhurst, inimicis publicis dicte d'ne
Elizabeth' nunc Regine Angl' tunc existen'
falso proditorie fuit adherens confortans
auxilians: ulterius Jur' predicti per sacr'm
suu' predictum presentant dicunt quod cum
Pius quintus modo Ep'us Romanus est ex
istitet ad'm fuit notabilis capit'lis publicus, "dem l'rarum prefat'Ducem Alva, alteran
prefat' Ep'm Romanum, actertiam prefat' hujus Regni Anglie, Quod idem prefat' Tho Phillippu IIispaniarum Regem transferend'
inimicus d'ce d'ne n’re Regine Elizabeth'
mas Dux Norf'k hoc bene sciens
decimo die Martii anno regni eiusdem d'ne Eli postea ip'e id'm Thomas Dux Norf'lk falso zabeth'Regine tertiodecimo apud Charterhouse proditorie intendens volens a'io suo conside pred'cam Com' Midd predict'ac diversis rans successionem effectum complemen'
aliis diebus vicibus antea poste inten'- redictis falsis proditoriis nunciis per prefat'
regali statu titulo potestate preheminentia
regimine hujus regni sui Anglie penitus de privare deponere deiicere exhereditare, nec
ulterius Jur' pred'ci super sac'In suu' pred'cm dicunt presentant quod cum prefat' Robartus Ridolphie tres seperales l'r's credenti ales noie prefat'Thome Ducis Norf'k proipo Robarto Ridolphie suis falsis nequissimis proditoriis nuntiis pred'ois videl't unam earun
intelligens transportand' composuisset scripsisset quod
Ridolphie prefertur quen cone prodic'ones pred'cas effectum pro missis
duceret falso subdole proditorie consentit dam Will'm Barker generosum servientem ip advisavit procuravit quendam Robartum Ri sius Thome Ducis Norf'k die Martii anno
dolphie mercatorem alienig'num extra hoc reg
regni d'ce d'ne Regine nune tertiodecimo su pradicto apud Charterhouse pred'cam Co
mitat' Midd' predit falso subdole proditorie
Guerrau Despes ambassatoren dicti Phil
num Anglie mitti nec non Philippu
prefat' Ep'n Romanu' Regem Hispaniarum
obtinend' ip'o prefat'
Ep'o Romano quasd'm pecuniaru'summas in lippi Hispaniarum Regis misit declarand'
Ducem Alva
ponend'exponend' circa provisionein main ostendend' affirmand' predicto ambassatori tentionem exercitus millitu ac hominu' arma predicti Phillippi Hispania un Regis quod ip'e
torum ad intrand' invadend' hoc regnum An idem Thomas Dux Norfolk affirmabat
glie guerram levand' suscipiend' mainte mare vellet predictas l'ras credentiales nend' eodem regno contra ip'am D'mam fat' Ducem Alva Romanu' Ep'm
affir pre Philip' script'
n'ram Elizabeth reginam: Ac quod idem Rex
Hispaniarum per meditationem dicti Ducis
Alva mitteret hoc regnum Anglie quendam
exercitun armatorum hominu' militu' ad
hoc regnu' Anglie invadend' guerram
publicam acerrimam contra d'oam d'nam
Reginam Elizabeth levand' suscipiend'
maintenend': etiam quod idem Thomas Regine Anglie tertiodecimo supradicto apud
Dux Norf'k eodem die Martii anno regni dicte d'ne Elizabeth Regine tertiodecimo su pradict'ac diversis aliis diebus vicibus antea
Doaver Com'Can' extra hoc regnum Anglie usque partes ext'as transmarinas iter suu' arripuitad preficiend' perimpen exe
quend' dict proditoria nuncia per consensum agreament prefat Thome Ducis Norf poste
postea apud Charterhouse pred'cam Coin'
Midd predict' falso nequiter proditorie con
spiravit consentit agreavit cum prefat' Rob'- aque pred'cus Ridolphie eadem nequissima
Ridolphie suscitare movere excitare proditoria nuncia sua partibus ext’is trans infra hoc Regnum Anglie totam vin poten marinis tam presat Duci Alva quan preiat' tian quasip'e pred'cus Thomas Dux Norf'ket Ep'o Romano narravit retulit declaravit confederati sui aliquo modo valerent sive potu communicavit. quod pred'eus Robartus issent facere vel excitare infra hoc regnum An Ridolpbie post pred'cm exit recessione glie conveniend' cum prefat exercit' arma suu' extra boc regnu' Anglie, post eadem
torum hominu' per dictu' Regem IIispaniarum falsa suissima
Dux Norf
quos idem
l'ram inconsuetis
-
exercitu ar aliis subditis
proditoria nuntia sua pred Alva narrat declarat
prefert' mitend',
matorum hominu'
hujus Regni Anglie
conparere procurare potutsset con ungere glic dict Ciphers
cum dicto exercita per dom' Regem Hispania Norf'k scribi fecit
ru' prefert mittend' guerra publicam con l'ram sicut prefert script missam ip'e idem tra dictam d'nam Elizabeth Itegina minira hoc Thomas Dux Nori'k svij die Aprilis anno regni
cum eodem cum talibus
prefat
Duci
IIispaniaru' regem no'ie suo compo't
adeo valent firmiter prout ipsemet idem Thomas Dux Norfolk easdem manu sua pro pria subscripsisset: insuperiidem Jur'super sacr'm suu' predictum presentant dicunt quod predictus Robartus Ridolphie xxvi die Martii anno regni d'oe d'ne Elizabeth' nunc
fact' una alienis
suam quibusdam subdolis characteribus notis An
prefat Thomam Ducem misit. Quam quidem
ut
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1041] STATE TRIALS, 14 Eliz. 1571. —for High Treason. ' [1042
d'ce d'ne Elizabeth' Regine xij supradict' apud prefat' Georgio Comite Salop preclari ordinis Charterhouse pred'cam in Com' Midd' predict' Garterii milite et hac vice Anglie Senescallo falso et proditorie recepit et h'uit et eand'im apud Westmonaster' in magna aula pl'itorum adtunc et ib'in prefat' Wili'mo Barker servienti ib'm ven' predict' Thomas Dux Norf'sub cus suo in 1'ras cognitas et comm's reducend' et tod' prefati Owini Hopton Milit' locum tenen' decipherand' Anglic' dict' **To be deciphered"
lib'avit et dedit, et eand'im l'ram in co'es cog nitas litteras reduct' et decipberatam Anglic' dict' ** deciphered" ip'e id'im Dux postea xxv
die Aprilis anno regni dicte d'ne Elizabet' nunc
tertiodecimo supradicto apud Charterhouse
pred'cam in dicto Com' Midd' falso et prodi superius seperatim impo'it alloquut' qualiter se torie recepit inspexit et perlexit et penes se velit inde acquietari, dicit quod ipse in nuilo adtunc et ib'm falso et proditorie retinuit et est inde culpabil' et inde de bono et malo pon' servavit, per quam quidem l'ram predictus Ro se super pares suos, xc.
bartus Ridolphie eidem Thome Duci Norf'k Super quo predicti Reginald' Comes Rand' inter alia significavit eumque certiorum fecit de Will'mus Comes Wigorn' ac ceteri antedicti benigna audientia sua quam ip'e id'm Robartus Comites et Barones, pred'ci Thome I)ucis h'uit apud prefat' Ducem de Alva in nequissi Norf'k pares instant' super corum fidelitatibus mis et proditoriis nuntiis suprad'cis : Et quod et legianciis dicte d'ne Regine debit' pcr pre id'm Düx de Alva requisivit et voluit amicös et fatum Senescalium Anglie inferiore pare fautores confederationis et p'poit predict' pa usque suprema' par'm illorum seperatiim ratos esse quandocunque potentia per dictum publice examinat' quilib't coruin seperatium dic' Hispaniarum regem mittend' infra hoc Rcgnu.
Anglie applicaret: Et preterea iid'm Jur' super
sacr'm suu' pred'cu' presentant et dicunt quod
mano episcopo unam l'ram eidem Duci dir'cam falso et proditorie recepit per quam id'm Epis
copus Romanus promisit eidem Thome l)uci Ducein Norf'k judicium executionem super
Norf'k auxiliu' et supplementum pro adiuva
mine predicto Marie nuper Scotorum Regine,
ac pro et ad nequissima et proditoria propo'it'
et intentiones predict' exequend' et perficiend'
contra legiancie sue debitum ac contra pacem fat' Locumtenen' usque dict' Tvrriim ! . ondon' dicte d'ne Elizabeth' nunc Regine Anglie coro deinde per mediu' Civitat' London' usque nam et dignitat' suas et in legum hujus l{egni furcas deTiborne trahatur ib'm suspendat Anglie contempt' manifestum. Nec non in vivens terram prosternat' interiora sua pessimu' et pernitiosissimu' exemplum omniu' extra ventrem suu' capiant' p'oq' vivente coin
aliorum in tali casu delinquen' ac contra for burent',
marn diversorum Statut' in hujusmodi casu edi pus ejus ` tor' et provisor' &c. caput
caput ejus amputetur quodque cor quatuor partes dividat', quod quarteria illa ponantur ubi dona Re
Et mmodo scil' d'co instantis die Martii, viz. gjna assignare voluerit, &c. xvj die Januarii anno xiij supradicto coram
d'ne Regine dicte Turris London' in cujus custod' preantea ex causa predicta & allis certis de causis commissus fuit ad barram hic ducu'
in propr' persona sua, qui committit' prefato locumtenenti, &c. Et statim de omnibus et singulis sep'alibus proditionibus, pred'cis sibi
quod predictu- Thomas Dux Norf'k sepera libus p'ditio'b's predictis sibi separatiin dic' quod predictis sibi seperatim forma predicta superius impo'it est inde culpabii' modo
pred'cus Thomas Dux Norf'k xvi die Junii
anno regni d'ce d'ne Flizabeth' Regine nunc forma prout per seperales indictament' predict' xiii supradict' apud Chartcrhouse predict' in superius suppo', &c.
Com' Midd' predict' a prefat' Pio quinto Ro
Super quo instanter Servicn' d'ne Regine legem, icsius d'me Regine Attorn' justo debit. ' legis formam petunt versus eundem Thomam
inde pro d'ca d'na Regina h'end' &c.
super hoc vis' per Cur' hic inteilect'
omnibus singulis premissis Con' est quod predictus Thomas Dux Nos f'k ducat' per pre
57. The Trial of Mr. Robent Hic FoRD, (Servant the Duke - Norfolk), the Queen's-Bench, for High Treason EL1z.
whereunto of his voice
Hackford.
admonish*i excused lunself
aum here indicted
untouched
V0L.
February
157 [MS. Brit. Mus. 1427. ]
AFTER reading the Indictment, being form answer unto it. This only require
asked Guiity effect;
the Clerk the Crown, Not Guiity ! le answercd
were this higher,
heard declare the truth, far the
being
speak
uhe lowness
preseuce
Iligh-Treason, part
whereof
was never privy
am ready
inatter toucheth honours, and the
bring conscience
hurt, ever conceived
queen's majesty's person
riever meant any such thing the sane my know the law hath not intent
God, that
with any intent ne agaimst the
my country
m* heart the conscience,
divers deny,
points
for that fact, such
declare
not iearned the law. now not winat facts: the law canuot accept miy intent
confess, and intent men but judge only the have already confessed am mind, according the appeariiig outward
here protest before your
-
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1043] STATE TRIALS, 14 Eliz. 1971–Trial of Robert Hickford, [1044
my purgation. Therefore I shall declare the fess myself Guilty, which concerneth the deci truth of my doing, and upon that further open phering the letters my lord's procurement unto you at large my dealing in the matters and commandment; after which time never contained in the Indictment. First, For the dealt it.
matter of moving of Sedition, I did nover Sonthcote. You were best plead Not know that any such thing, was meant by my Guilty the whole Indictment; and for such
lord, or any other; and whatsoever was by matters and parts the Indictment you can him, or any other intended, I was not privy clear yourself, the Jury may find you Not unto do confess indeed, that the Arti Guilty, and find you Guilty for the rest.
cles mentioned the Indictment were sent The Lord Chief Justice, and Mr. Attorney my lord, my late master, which his com advised to the same effect.
mandment deciphered, for they were brought Hickford. am Guilty. know under cipher. Then my lord read them, and how merciful queen live; submit myself folded them up, and put them the pocket wholly her majesty's mercy. will not
his hose, and said, The bishop Ross will stand long upon that whereof mine own con
never quiet, and then went supper and from that time never saw that Writing
science condemneth me.
Catlin. Confess you Guilty the whole Indictment
Hickford. Yea.
till was shewed me
the Tower. What
Answer my lord made answered them no,
them, know not.
whether
Attorney. (Mr. Gilbert Gerrard. ) Are you man Guilty adhering and comforting the knowledge and learning, you have been in queen's enemies, and the conveying the
dicted, and are now arraigned according French Packet and Money that was sent re order law; you must follow order, you must lieve the
Catlin. Hickford, you seem
answer the Indictment, confess deny Hickford. confess myself Guilty.
you shall heard after say your mind. Soj. Then, after some pause, Mr. Serjeant You must plead unto Guilty not Guilty. Barham spake this effect: Forasmuch
High respect man's intent, but judgeth according Treason, and, among other things, that hath his fact. contess saw these Articles and adhered and comforted the queen's enemies,
Hickford. confess the law hath not Robert Hickford hath been indicted
deciphered them, shewed them my lord; and the same Indictment hath been read unto
revoked them not, duty ought him, and hath confessed the treasons; have done, and therefore think myself Guilty. am pray your lordships the queen's ma Catlin. The Indictment containeth divers jesty's behalf, that his Confession may en
clauses Treason, therefore answer, you
guilty, any special matters contained the Indictment, that you will coufess yourself
Guilty the whole.
Hickford.