No More Learning

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.
Duke. Barker removed him indeed Iwas not privy.
Nolic. Borker
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1021] STATE TRIALS, 14 Eliz. 1571–for High Treason. [1022
and drove the Rebels out of Scotland. The one matter now that I am to disclose, That
the duke Norfolk knowing this, yet did adhere unto, comforted and relieved the said
depart out Scotland. Ross wrote them that end, and there with sent them the pope's
letters, and they departed out Scotland
Rebels; procured Money the earl Westmoreland,
into Flanders, except only Leonard Davis, distributed who remained with the lord Harris and the
Northumberland, and other
manifest Treason. The other matter
noble that now
wise man, learn ambassador,
Here was read the Effect ters the Rebels.
that Leonard Davis should have part it; but had inore mind have his brother of West
moreland relieved, and that end devised with Bannister for the sending the money. 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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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:
to
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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
be
; ofof
5.
if
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; in to to inat
it of
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
be
he 29
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to of
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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.