But for my lord Nor
Denial, which sufficient Answer; specially thumberland, sent not him.
Denial, which sufficient Answer; specially thumberland, sent not him.
Complete Collection of State Trials for Treason - v01
Now for the matter taking the Tower.
Duke. deny
Serj. Was not mentioned unto you the way, when you came from Titchfield,
one that came you, and moved you device between you and another, for taking the Tower
ake. have confessed that such motion was made me, but never assented
Serj. You concealed and what end should you have taken the Tower, but have kept against the queen force? But you say you liked not the motion, you asked advice
taken, when you were appointed columission
for the matter York; and against your of it.
oath counsellor the queen, you dealt Duke. Indeed told one of Owen met indirectly and partially you deceived the me the way from Titchfield, and told me
queen's trust, and disclosed her secrets. how we were danger, and said, That WOL.
from hence. He hath had money you, and you have received letters from him four times coffers. -
Selj. He your solicitor for she tak
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995]
STATE TRIALS, 14 Eliz. 1571. -Trial of the Duke of Norfolk, [996
some of our friends thought it was best to take your part, prove any thing that might make the Tower. I refused to do and said, Take for you And were you denied
the Tower That were proper device indeed! Duke. have divers times prayed, that And thence went my lord Penbroke's,
and there dined; and then told my lord Pembroke that device whereunto an swered, We are well, and safe enough let
them that will. And the Tower
Burleigh. ask because have not heard reported her majesty that you made saulty take the Tower, they any such request, have any special Wit
nesses examined Proofs heard, your art.
force that which you
had practised against the queen's majesty's of Hickford, the 3rd Article. -
Serj. To maintain
Here was produced and read the Confession
what end
should have taken
commandment, which was the Marriage the Scotish queen.
with
Duke. advised her, touching her son, that she should first be well assured that he
should bestowed among her friends. For her castles, advised her, that she should
any wise take heed, that they might not after come into the hands her enemies; for
she delivered Edinburgh-Castle, she should not safe Holyrood-House.
Serj. How standeth this with the duty and oath counsellor, give Advice foreign
prince against the queen's majesty
Duke. excuse not, herein confess my
error; beseech you call not these my inferior faults, which have confessed, among the
-
Advice against the queen the Scotish queen.
JDuke.
Serj. afterward,
had not then dealt with
well proved that you had and your house Charter-House,
you received letters, messages, and tokens
from the Scotish queen; you received from her brooch, with hand cutting down vine;
and this poesy upon Virescit vulnere Virtus.
But, my lord, be cut And Wilbraham.
that time, against her ma jesty's commandmont pray you what
time, since her majesty's commandment upon your allegiance, did you bear deal with
the Scotish queen
Serj. Beside this you have given advice
not this time,
green vines grow when they
green vine was.
My lord, you still say you deal
any thing were denied true which said, might driven my proof
Now shall further proved unto you, that counsellor the Scotish queen, against the where the Scotish queen here custody
queen's majesty namely, when Treaty be the queen's prisoner, hath also been privy
tween the queen's majesty and her, there were three Articles propounded the queen's ma jesty's part the one for the delivery her son into the queen's majesty's custody the other
for delivering the English rebels that were fled into Scotland the third for delivering cer tain holds Scotland into English men's pos session gave advice herein counsellor, against the queen his sovereign lady. The Ar ticles were expressly sent the duke have his advice, before that the Scotish queen would resolve any Answer; and she respitcd her Answer made according his direction. He gave advice, that she should wise de liver her son, for was against her own safety,
not knowing whether she delivered him into her friends hands no. As for the Rebels, she should wise deliver them, for were against her honour: and for the holds, she should not deliver any for were against the safety
devices for conveying her away.
Here was produced the Confession Bar
ker. Oct. 1571. Article 13.
Duke. This not true, saving that indeed
advice was broken me conveying her way window, gallery’s-end, one my lord Shrewsbury's houses, the which win
dow the bishop Ross had taken measure: but this device was overthrown at such time as was told me. As for that which Barker hath here confessed, utterly false.
Serj. Now shall you hear the duke's own Confession.
Here was read the Duke's Examination, Octobris.
Serj. Besides this, the duke being prison
the Tower, made Submission the queen's
majesty, confessed his error dealing with the Scotish queen, and promised, upon his faith
and allegiance, never deal with that Mar
riage, with any other matter touching the
Scotish queen.
Duke. confess did so.
Stoj. Before his subscribing his said Sub mission, first made the Scotish queen privy
and seat her double
her friends Scotland. Duke. For advising not
deliver the any such Ad vice. As for Delivery her son, advised her
lèe bels, deny that ever gave
no otherwise but thus, that wished her
bestow law, there, where she might have sure friends.
Duke. sent the bishop Ross. Sci. Thus, contrary your oath, allegi Serj. All one.
ance, and sidelity, and against the credit that you would fain thought of, you bocaine,
JJuke. confess it.
Serj. What should move my lord Nor folk now earnestly still pursue this Mar foreign prince against your own sovereign riage You see liked not the person, she
your own confession, "counsellor
lady.
Burleigh. My lord, did you ever desire
have any Pools Witnesses produced
was not good fame, signified the queen, reported Bannister. The kingdom Scotland esteemed not, and also
greater wherewith am charged.
Serj. Thus appeareth how hath given
or
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997] STATE TRIALS, 14 Eliz. 1571–for High Treason. [998
it was out of her possession, in the hands of the queen Scots abode, the duke pro the king her son, by her own dismission ratified cured him labour the cause his Marriage
by parliament. Forsooth he had an old blind with her with diligence. Item, That her Prophecy lying by him : In craltatione Lunae majesty being Southampton, Richard Can Leo succumber, & Leo cum Leone conjungetur, dish, certain might walking his chamber, & catuli eorum regnabunt ; which belike is and persuading him means labour for thus to be expounded, At the exaltation of the the queen's favour concerning that Marriage; Moon (which was the rising of the earl of Nor the duke affirmed, that before he lost that thumberland that giveth the moon) the Lion Marriage would lose his life; and said more (which is the queen's majesty) shall be over over, that ever handled thing wisely thrown; then shall the Lion be joined with a cunningly, would say was the matter Lion (which is the duke of Norfolk with the that Marriage, knew from the beginning. Scotish queen, for they both bear lions in their Item, That the Monday night, after the
arms) and their Whelps shall reign (that their posterity shall have the kingdom).
duke's departure from Southampton, Ra. Can dish being Hayward-House with him, the
company the lord Lumley, the duke and the said lord Lumley, talking secretly together,
suddenly the duke brake out into this Speech: “Candish,' quoth he, “is able accuse me
no disloyal practices. ’ Whereat the lord Lum ley, were wondering, ‘Can not indeed,’ quoth he? “No indeed,' quoth the duke; and turning Candish, said, “Candish, this
case defy thee, say thy worst. ’ To which Can dish answered, ‘Besides the practice this Marriage, truly can accuse you none. ’
Item, The duke, another time, the said house, asked, Candish, “If God take away the
queen's majesty, whether could assure him
Duke. phecy.
Serj. Duke.
not remember any such Pro
your own keeping. What should do with it?
was
Serj. Such blind Prophecies have oft de ceived noblemen.
Duke. This nothing the purpose;
kept not any such end.
Serj. You uttered ford.
your servant Hick
Here was produced and read Hickford's Testimony.
Duke. toy Prophecy.
You see
call
foolish
Selj. Where had you Duke. remember
his brother Candish, and procure his said
not.
brother promise unto him Robert Ning field Item, At his last being Remming
Serj. Hitherto have you heard the Evidence prove the duke's imagination, compassing, and conspiracy, deprive the queen's majesty
the crown and her royal estate, and
bring her highness death and destruction.
For proving this his intent, you have heard
those matters proved, his practice join him
self Marriage with the Scotish queen whom
he then well knew falsely claim and pretend
title the present possession the crown
England also his prosecuting the saune Mar
riage without the queen's majesty's knowledge,
against her highness's express commandment
upon his allegiance, against his faith, promise,
and submission; yea, pursue that with
force, and use the advice and strength
his friends maintain the same force against
the queen; his hearkening blind prophe me and told me, my lord Burleigh findeth the
cies, money him lent the Scotish queen, and against the queen his sovereign lady. then purpose were pursue with
force,
well, will ride with him and find his humour, and will face that fellow thoroughly from Salisbury you said you would ride Leicester, and home with my lord Burleigh, and you doubted not bring me such word from him
should satisfy me. You told me how my lord Leicester was firin, and Nicholas
Throckmorton my sure friend, and that they
would both join deal with the queen ine; and how sir Nicholas sent the word, That he
doubted not the queen would take order my contentation her next coming staid house.
you London, though
Then came and had
great liking you, yet because you were loth Arundel's, and were somewhat
ease, you my house. never made great account you; my lord Leices made first acquainted your brother you
must needs follow, that the same intent, imagination, and compass deprive and depose the queen's majesty
must
ing,
from her crown, royal estate, and dignity, and
advance and maintain that false and usurped title the Scotish queen unto the present pos
quently, for inaintenance his imagination and compass the queen's majesty's
". England,
session the crown and conse
you
hear Proof his own words, declaring the same intent pursue the Marriage force,
and rather lose his life than give over. CAvex pish's Deposition.
That his several Journies unto the places
death and destruction. Now shall
further
hall, among many others talking, had this speech; ‘Candish,' quoth he, nothing will undo but the Rising the northern lords. ’ To whom answered, God forbid that any such thing should be, for will undo ali: whereat replying, said, fear they will rise. ”
Duke. The Duke looking upon Cavendish with scornful and smiling countenance, said, You are an honest man That which he saith
the Talk between him and me Southamp ton, utterly false that time you were most earnest my part, and came me
for succour, for that you said your cousin Christmas was fallen out with vou. When we rode my lord Pembroke's, you cane
at
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909] STATE TRIALS, I. Liz, 1571. -Trial the IDuke Norfolk, [1000
know was not my friend. I then took you as Attorney. Now you have beard enough
I now find you. While you could hold on, the first matter. In this indictment are con
you shewed your Letters that you did write on tained three principal Treasons, whereof the my behalf; then you came to me and said, you first imagining and conspiring the deprivation,
had need, and borrowed money of me ; I had death, and destruction the queen's majesty:
none at that time, but I sent it you by Bowes.
for proof hereof, imagine, compass, death the prince,
I
heed of you; you dealt with I)ier and with
Straunge very maliciously. As for the Speech
at Remming is all, that you speak of me, it is for the statute but Declaration what was
untrue; I dealt not with you there about any Treason common law which Imagination, such matter; I left you at London, I looked when appeareth overt fact, must needs
not for you; when you came, I was glad to be judged Treason; for overt fact but shewing
rid of you ; you said you were going to Nor man's mind, which when man outward
was warned
the
the common law;
by
my
divers of friends to take
deposing High-Treason the
wich, and I was glad you were going, and willed speech deed hath uttered,
must needs which must
may made bold, say ex
you to look at my house at Norwich, and toll judged that
was his meaning such means,
me how you liked out the north heard
nothing six weeks before. You suddenly
slipped away from me, and then came
London ward; you are honest man, indeed! It all false that he hath sail.
gathered
appear. pressly,
For traitor will depose
kill the king; but
often hath been seen, that they directly, and means that tend
taken seek the death the prince. Now therefore prove that the duke Norfolk hath imagined and compassed the deposing and
death the queen's majesty, this hath been
Then was alledged the Examination one
Haveling touching Havers, whom the duke sought join himself Marriage with the
Then Cavendish began report and justify
and therefore that goeth about
stir the people rebellion, levy war within the membrance, when the duke gave him reproach realin, assail withstand the prince force,
what had said, and put the Duke re
statute 25 Edw. and
hath been truly said, That
procure
about in that end
ful words of discredit.
Serj. He sworn, there needeth more
proving; you sent Havers the earl West morland.
sent the earl Northumberland, with this
Message, “That the two earls should rise, he were undone. '
Duke. This may seen two years old,
and me fully declared and answered.
Then was read the Confession of Havers.
Scotish queen, who pretendeth title the queen's crown. This did without the queen's privity, against her highness's express com inandment upon his allegiance, against his own promise and submission. First, being
York, Commissioner appointed the
alledged Letter the Scotish cypher the duke, containing, that
Then was queen's
secretly earl of Northumberland was delivered to the practised for the Marriage. This being ob
Shrewsbury had told her, that the
queen, contrary his oath and dealt undirectly and partially,
charge,
and played
the lord
earl Sussex; for which she was very sorrow objected against him, hath denied
cumbering
should light upon the duke himself?
Duke. That letter never came my hands.
Selj. was found the bag which you willcd be burned.
Then the said Letter was read.
testified three Wit Murray, Ledin-ton, and
ful three days together, for fear of friends he were taken.
What friends was she
that she wrote the duke, unless she thought
you have heard
nesses, the earl
the bishop Ross.
the practice and indirect dealing was this end, compass the Deprivation and Death the queen's majesty; for well knew that the Scotish queen made Title the present pos session the crown England; that she de nied the queen's majosty lawful queen
Rebellion her sorrow the yielding the earl Northumberland was, for fear should bew ray and cumber her friends.
this realm that she usurped the royal stile;
any difference this knew, was queen's privy coincil the same time; knew that she made no renunciation of her un
careful for,
appeareth, that all
shewed you first, secret and indirect means
Duke. All this nothing me.
Serj. This proveth you practice the that she quartered the arms England without
Duke. That toucheth not me; for am just Claim, though were required her.
sure the earl of Northumberlaud bath been was also one Article the Commission where
sought for me, and yet cannot accuse me. himself was Commissioner, To require the Selj. Ilad not concerned you, had not Recognition her error, and the queen's
been written you.
19uke. Some Letters never came
hands: sometime they came the bishop
Ross, sometime Bannister, sometime not queen's majesty, but seeker her highness's deciphered; Straunge and Bowes, and other overthrow and destruction: and yet the duke that have been messengers for me, can tell. Norfolk knowing this, practised compass
Here Mr. Attorney began rosecute the this Marriage. Wherefore, pray you, sought second Part, and spake first this elect: that Marriage; yea, and sought
untrue part with the queen
majesty's present right knew well was my not done. the Scotish queen claimed such
present title, then was she friend the
the
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1001] STATE TRIALS, 14 Eliz. 1571. -for High Treason. [1002
meant to achieve it with force : It was not in practised levy any power against her,
r*espect of her person, for he knew her not; it any those things that are contained could not be for any good report of her virtuous for Treasons within the words the Statute. conditions, for he had an evil opinion of her : the bishop Ross sufficient Witness he did by his writing certify against her, he de against me? There points enough the law clared to Bannister that he thought very of prove him sufficient witness: He
stronger and Scot; stranger can suf ficient witness, much less Scot: for whereas when there peace between the queen's ma
pect that unjust Claim and Title that she foreign realm may freely come and traffic pretended the present possession the this realm; yet though there peace be
crown England; which title cannot main tween England and Scotland, Scot come tained without evident purpose depose the into England without passport, may queen's majesty, and bring her Death and lawful prisoner. Again, cannot tell what ldestruction, which plain Treason the may for fear. Bracton saith, That Witnesses statute Edw. for more can England must liberi homines, free men, full age,
her. was not for her Title the kingdom for neither was she possessed
though
Wherefore sought her then? surely res jesty and foreign realm, the people that
néither did esteem
she had
bear two queens, than the world can bear two
suns. And how should we have maintained
but with force? And how could that have been,
without depriving the queen's majosty from any but the bishop Ross, who can no the royal estate? and how could that have been sufficient Witness against me. What care done, without compassing her highness's death what Hamlin says: toucheth me not. As and destruction for the jealousy usurper for Havers, never sent him with any such cannot suffer the just prince live. This your Message: indeed asked him what company honours are search and consider, and your found with my brother Westmoreland. judgments we refer Now my lord Nor He told me, found none but my brother folk's chief and only Answer but his bare Westmoreland.
But for my lord Nor
Denial, which sufficient Answer; specially thumberland, sent not him. might sith himself hath fallen into great discre have brought forth my Proofs, could have
side the oath of counsellor which he hath also
broken, disclosing the queen's secrets, and
secret practising against her express command
ment. Now also, since was last appre
hended and committed, hath denied certain
things, which hath afterward, being constrain here well enough. fear had moved me, and
with strength proof, confessed yea,
hath denied those things upon his oath, which he hath afterward granted be true: he not believed upon his word, his own word discredit him, how great soever
degree.
Duke. Upon the Statute Edw. inferreth, that Treason imagine
compass the Deprivation and Death the queen's majesty; the Lord forbid, and pray God may sooner buried the earth,
those with this case but my dealing with Destruction her majesty's person. There her about Marriage, pray you draw not
than should seek attempt any thing the
queen's majesty, beseech you confound not
Maxim law, that penal statutes must such intention, advance her title against the construed strictly, and penal statute ought queen; because though she once made such extended further than the very words. claim, yet considering what amity hath since been between the queen and her, make her
Now that my accusers have deposed said against me, how false soever be, there not one them that say went about any hurt her majesty's person, that levied
now enemy, hard her, though treated
minded, nor intended.
and surely marry never concluded,
honest, and good report: the bishop Ross none such. So nothing proved ruly
Overt-fact against me, neither an accused
dit, doing against his word, his hand, his oath. He promised, being commanded upon his Allegiance, never deal that matter
promised, his Submission under his own
hand, utterly forsake and deal more
with the Scotish queen for that Marriage, nor
any other matter: promised oath spe
cially taken when was Commissioner for
hearing the matter York, do therein direct could have made shift well enough.
and indifferently without partiality. All had intended any such Rebellion Treason, these Oaths and Promises hath broken, be would not have put my lord Northumberland
brought forth proofs such message;
Confessions, and not
good fame, that sent could have proved by hearsay. only
the bishop Ross Witness against me, and
what you perceive. never heard the Rebellion, till Henry Nevill told me it. had had such mind when was
Norfolk, needed not have come hither;
trust withall, 1. 0r yet my brother West moreland, nor would have coine hither put my head the halter the Tower; but be ing was, such place where might have shifted, would have kept me from coming
that doubted mine own case, could easily have avoided. So, say, prove me guilty
Treason, you must shew some overt-fact that have done against her majesty's person And the Witnesses, think have said su". ficiently. As touching my dealing with the
Scotish queen, far
pass Treason, this
faults, inferior treason,
pentance and humility submitted myself the
dealt without com say for my meaner have with re
Where said was
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1003] STATE TRIALS, 14 Eliz. 1571. —Trial qf the Duke of Norfolk, [1004
privy to the device of her taking away, I utterly intent depose her, which force she must deny had been so, would not have needs resist; which she be not able do been against her, nor would have certified then followeth her Death and Destruction. against her ever advised her submit her My lords, here goeth still one manner self the queen's majesty but when overt purpose, his own bare denial, and allowing
proved against me, no sufficient Witness; but here God himself shall bring me thus arguments and circum witness: this matter opened God him stances, think very hard. should have self. was known, that Treason was hand;
stolen her away, could not alone: was many searches were made understand destitute friends, that could not make man could any travel find out, till God any man privy it? And who there that ac himself opened it; the Saying fulfilled,
cuseth me that may spend five marks “What done secret shall made open. ’ year Now sith nothing proved against me The Treasons my lords the council knew of; any Witness sufficient, beseech you con appeared April last, that such Treason
sider favourably me. Indeed my brother was but whom toucheth was not known Westmoreland sent me his man with recommen them, not him that opened So
dations; and sent him, his man, ring God hath opened affirm these mean men which my sister had sent me before and also credit. The Treason being known Havers with this Message, ‘Commend me the privy council half year together, yet could my Brother Westmoreland, and tell him they not understand the party, till God dis that am well, mine Innocency shall deliver closed marvelious chance. August last me but nothing touching any Rising all. there was 600! . money prepared sent
ever were privy that Rebellion, then with Letters into Scotland the queen's ene condemn me the treasons that you lay mies, for their relief and maintenance, and
fact Treason can
against me.
Crown; then must this grow depose the queen, and then
the duke Norfolk's appointment con veyed his man Bannister, and into Scot land. This money was delivered one Brown
the duke's servants, Brown, “Here
conveyed Imagining Mr. Bannister's dwelling near Shrewsbury. ’ Treason (i). Brown having received the money, though the
50l. was gold,
Attorney. My lord and are now issue
upon this point; afirm with Proofs, and
his lordship barely denieth his intent
were compass the Marriage, knowing her
pretend title the present possession the 50l. pray you help that
Shrewsbury, one one Hickford; who said
the Mind: bulk was somewhat like the proportion
An overt-fact Declaration
Letters, Tokens, Speeches, Messages, and such silver, yet the weight, reason
like, overt-facts. Now you had married made him suspect whereupon
her, you must have maintained her pretended one the queen's privy council, and disclosed Title, which you could not have done without his suspicion, that might learn what manifest purpose and compassing depose carried. This bag being opened, there was the queen, and bring her death, which found 600l. gold, and certain letters withai, High-Treason. Now beside, there one other
fact, which will give you Evidence; which
most evidently proveth the duke Norfolk's
Imagination and Compassing depose and good providence, was
destroy the queen. well known that Pius son touched the duke
5th the bishop Rome, the queen's majes Name and Cipher Quarante 40, and another
ty's notorious enemy, hath been publish ed; hath shewed himself his proceed ings: hath shewed Bulls, they have
nobleman was signified the Cipher Trente. Then fell out new matters: certain
the duke's servants examined, whether they been brought into this realm, and some have knew any Cipher used any man the suffered for them. The duke Norfolk know name Quarante, they confessed that Quarante
ing so, hath practised with his factor, hath sent unto the pope for aid and force against the que conferred with one Rodolph
Merchant Stranger, over sea the duke Alva, and the pope, the name
was the duke Norfolk; they were kept several places, the bishop also prisoner
place several from them all, and yet they all agreed one. So God's work hath enforced their credit their agreement, being severally
the Scotish queen and the duke Nor kept. Thus came light God's own folk, and procure power invade this work. Now see what the cause was The
realm, for the advancement the Scotish
queen's false Title the crown this realm
and the mean time, the duke promised
move her friends levy such power they were able, assist the strangers when they
came this proved you, then
flat Treason. To use force against her majes
great Treason was contained Letters written cipher, one signified the Number Qua
rante this Quarante was for the duke, and the duke confesseth. What cause had they suspect him? Letters from Rodolph made men- tion great Treason, and provision men from beyond the seas, invade this realm, ac
her own realm, must needs done with cording his order and request, who was meant Quarante. then we shall prove (i) See Hale's Pleas the Crown, 120. unto you that Rodolph had this Message and
the queen's enemies, and Bannister Whereupon the duke's man, that sent the mo
ney, was apprehended;
and then, God's found that this Trea Norfolk, under the
went
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1005] STATE TRIALS, 14 Eliz. 1571–for High Treason. [1000
Commission from the Scotish queen and the
duke of Norfolk, to treat with the pope, king
Philip and the duke of Alva, for the bringing
in of 10,000 men to invade England, and to 23. All this the Duke denied, and said, make war against the queen in her own realm ; never saw any Letters from the pope, but one, there must needs be compassing to depose the which will speak anon.
queen, and to bring her to Death, and so High
Treason : For he that will levy force to invade
or make war in a prince's realm, and that in
maintenance of a Title to the present enjoying duke, the title Quarante. Then was of the crown, doth what he can to depose the read the bishop's Confession, dated 26th prince, and consequently also doth what he October, concerning Andrew Beton's can to destroy the prince. Now to prove that coming.
the duke of Norfolk dealt in this manner, sent Att. The Duke had these deciphered, and
read them.
force of strangers, and to levy War against the Then was read Barker's Confession, 6th
shew what manner of man this Rodolph was: Att. Thus plainly appeareth, that the duke
He was one that lived divers years here in this was privy these Messages the pope, and realm, a notable traitor and enemy to the Conference with his Factor now resteth to
queen and realm of England, and of long time understand what followeth this course begun the pope's Factor. In the duke's first Trouble, with Rodolph the pope's factor; what Mes this Rodolph was suspected of such practices, sages were sent; what practices devised; and
and therefore by the council committed to the what cnsued. Upon this Letter, the Scotish
custody of Mr. Walsingham till October was queen wrote Letter the bishop Ross, twelvemonth; and for that no evident matter wherein she wrote back Discourse of her
appeared, he was delivered again in the No Estate and Device, what she thought best
this Message, and practised to bring in this
queen within the realm, it shall be good first to Nov. Art.
sion the November, the 5th Article. Also Ross's Confession ad Artic. litera
Also his Confession the last October, Article
Then was read the bishop Ross's Confes sion the 6th, 7th, and 8th, making mention
Pacquet, wherein was one Letter the
vember following : So soon as he was deliver ed, he by and by opened to the bishop of Ross,
That he was Factor for the Pope; he shewed
done, referring the direction the duke of Norfolk. Here the Letter itself
seen. —This Letter came the bishop him his Commission, and sundry Letters writ Ross; he sent over the duke, with Letter
ten to him by the pope's nuncio in France, about matters of the practice a long time. This Rodolph was well known to the Scotish queen, the pope himself and his nuncio recom mending him to the Scotish queen : The duke was made privy of and made him privy
his dealings, and kept secret from the queen and her council. When the Bull was brought over, that Felton died for, this Rodolph had six copies and dispersed them; whereof gave one the bishop Ross, one other
from the Scotish queen the duke. This Let ter was deciphered, and found hidden the duke's house under the mats entry,
the way the duke went his bed-chamber: the Cipher itself was found the tiles the house. This plainly declareth, how the duke
dealing with the Scotish queen and the pope pursued his purpose advancing the Scotish
queen the crown England that the Scotish queen was practice for with the pope, and referred the Dispatch Rodolph the duke; and the receipt those Letters
the Spanish ambassador, and the third the
French ambassador, and the rest we know not confessed IIickford, and the duke him
what he did with them. Now the duke know ing him such one, was man deal with. That was such one, and that the duke well knew and sent him message
self.
IIere was read the Letter of the Scoti-h
Queen the Bishop Ross.
Att. By this Letter appeareth, how the
the duke Alva, and the popc, you Scotish queen hath set out the whole Plot shall see plainly proved. Then what lines the Treason: Message should sent for Aid sage was, you shall see also disclosed, and how from foreign parts; Rodolph the fittest man things hidden will, God's providence, come the messenger; and that Rodolph should
light. The Letters were written cipher, dispatched about when the duke and deciphered, and the Cipher hid the tiles, Norfolk would. The Device was move king and found chance; may appear Philip for Aid, upon consideration her God's own work open these Treasons. State here, enter into deliberation the
Here the Duke took exception his saying, time and opportunities set her friends
that the Cipher was found the tiles; and field, and
said, was not the Cipher that was found there, confessed
but the Alphabet: the Duke always his confessed
Speech called the Letters matter written about January was twelve-month, and was strange characters, the Cipher; and the paper hid under the matts.
of the characters themselves he called the Al Duke. hid that the Letter should be burnt.
phabet, which Mr. Attorney usually called the Cipher.
Then was read the Bishop Ross's Confes
Att. God would not have but that should remain for disclosing the matter.
Duke. As touching Rodolph, what manner man was, matter me: know
seize themselves her. This Hickford and this Letter also
the duke himself, that received
of
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1007] STATE TRIALS, Eliz. 1571–Trial the Duke Norfolk,
no more, nor am to be charged with no more fessed against you, were also kept
than I myself am privy to. I never dealt with kept asunder several places, and severally
him about any cause of mine. I received no examined, agreed one, and your own such Letter, but that which Barker said came Confessions agree with them. how can this from him, which was not that of January that imagined and false All these testify with you speak of about two years ago; and as for one consent. The bishop Ross, when Instructions and Letters about that January first came the city, was examined these was twelve-month, I received none. things, denied all, stood
Burleigh. Here the lord Burleigh said to nestly when questions were asked him, Mr. Attorney, You may mistake, it was this said, He was ambassador, and not
time twelve-month, for now we are in January. dealt with, but referred his own mis And so Mr. Attorney remembering this pre tress the Scotish queen. When was com
sent month to be January, referred the Letter mitted the Tower, and there again examined to January now a year past; and said, This secing things coufessed already; and the Letter that I now charged you with, came to manner the questions that were asked, per
our hands at this January was twelve-month : ceiving some light that the truth was known:
it came first to the Scotish queen's hands; she then confessed also, and his Confessions
took occasion upon considering her own case doth, agree fully with Barker and the rest;
here in England, in France, and in her own which consent could not possibly be, the
country, that it was best for her to cleave unto matter were not true; besides that, hath Spain. She wrote to the bishop of Ross her his Confession touched himself.
Discourse to that end: she counted Rodolph Duke. They have not agreed Confession the fittest messenger; matter was devised for against me, that told them any such thing: his Instructions; she referred the Dispatch but one them told another, and from hand wholly to the duke of Norfolk; the duke dealt hand went among them.
in his Message appeareth. And thus con Att. Well, you see what confessed, and tinued till March and then, according the with what consent we are issue; here but
went over indeed. Duke. What
know not that
they will not say they delivered
that received any such Letters
tions. This say, the bishop sent me Letter counsel might have provided withstand
the Scotish queen's, together with letter them, but you did not. The duke Norfolk his own her Letter she complaineth her found flat Treason intended; Rodolph was the own subjects, and saith, she will seek other messenger that procured it; the duke knew it;
was delivered nothing ine.
prisoner am sure your own hoase, when such dangerous matter me, nor came your understanding, you would have
here consider the Proofs. Barker, been good subject, being then
-
[1008
custody,
ear
Plot before laid, Rodolph was dispatched, and your lordship's Denial; leave
my lords you had
those devices, and advised the Scotish queen depend only upon the queen's majesty,
else, she world take any other cause, both
matter. Thus, proceeded: was agreed that Rodolph should have Message writ ing; and the same Conference, Barker being also among them, was agreed, and set down
instructions, that his Message should this: He should the pope and the king Spain, the name the Scotish queen and
and other her friends give her over; and thereupon
England, would
was that said,
that the queen, she fell
Instruc opened that the queen's majesty and her
means for her relief. This Letter was decy Rodolph was referred the duke's Dispatch, phered; misliked the Device, and bad that upon the Conference the bishop Ross the Letter should be burned the Let and Rodolph about the matter, and the Scotish ter Cypher was burned, and the Alphabet queen's willingness have him sent about the was saved. sent word that misliked all
such practices,
would publish her Letters and Doings her the duke Norfolk, require then money
infamy. Upon which my words, the bishop and men for the enterprize. Rodolph required Ross excused himself, and laid this matter, speak with the duke: Barker brought him
this new Device, Beyton and Rowley. the duke Howard-house; there they talked
not true that Barker made me privy together, the duke and Rodolph whole hour, any such Message Instructions, hath till was nine the clock night. After been alledged. Also not allowed this Talk, the duke delivered Barker Paper, for witness against me, for hath confessed saying, that Rodolph left with him; which Treason against himself; and persons outlaw Paper contained the sum the Treason, and ed, attainted Treason, are sufficient therein was also Paper the Names divers Witnesses. noblemen, knights, and gettlemen Cipher,
Cattan My lord, there none those whom they counted that they would take the Witnesses, that have declared matter against duke's part, but they counted without their ou, outlawed, attainted Treason, yet host; that there was for every name Ci
indicted.
Duke. They are worse; for they have con fessed Treason.
pher, the which was for the duke, and for the lord Lumley. Barker received
the duke, and delivered again Rodolph.
Att. The bishop Ross, this time, was Upon this Cipher 40, fell out the understand custody, and these men also that have con ing the Treason.
in
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1000] STATE TRIALS, 14 Eliz. 1571. —for High Treason.
[1010
Here was read Barker's Deposition, 10 Oct. ter allodged against me, nor received any Interr, 8. Item, Barker to the 22 Interr. other instructions, but only have said,
Att. In this Bill the duke is proved to be about my own matters.
40, the duke himself hath also confessed that Att. My lord, this but your own saying,
40 standeth for his own name. Barker brought and carrieth likelihood but Barker goeth Rodolph to the duke, which the duke also con nearer you telleth you plainly what the fessed, and that Barker brought him Instruc Instructions were: was king Philip for
tions for Rodolph's money. men, and the pope for money.
Here Mr. Treasurer and Mr. Chancellor of Duke. Barker hath confessed himself
the Exchequer, sworn, did testify that Barker Traitor, and therefore sufficient Winness made these Confessions freely, without com against me. never knew any such Bill pulsion. Also Mr. Wilson, sworn, did testify. Names, nor such Instruction French.
the same and that Barker was never offered
torture, nor was once the prison where the rack was: but the duke said Barker saw where his fellow had been.
Att. Did not Barker bring Rodolph you
Att. sufficiently proved. Now Ro
dolph came you again second time.
IDuke. deny came more me. Att. That not for Barker telleth
plainly, not only the time, but also the several
the clock night Did with you Instructions French
Duke. confess
Then was read Barker the 16th.
not leave
ways which himself brought oth.
Duke. There ways enough,
devised also dozen ways more, that house.
Here was read Barker ad 11.
IRodolph
might have would,
Att. Rodolph came also the second time the duke; after was come from the duke, he said Barker, That the duke and were agreed his Journey, and that the duke prayed him depart with speed. This Message was
procure men and money for the Enterprize
the Treason; and this Message the duke dispatched him.
Att. Lo! telleth you which way Rodolph eame you.
Duke. may devise more ways when
-
Att. Now you shall also hear confessed
the bishop Ross, who the time his
Confession was prison, not knowing what Barker had said.
Here was read Ross's Confession of that
matter. Here was also read Rosse, the 6th November.
Att. Here you see how the duke agreeth with Barker. And there was read Rosse more,
Duke. Touching Rodolph's coming, indeed confessed that he came me.
Duke. deny
Serj. Was not mentioned unto you the way, when you came from Titchfield,
one that came you, and moved you device between you and another, for taking the Tower
ake. have confessed that such motion was made me, but never assented
Serj. You concealed and what end should you have taken the Tower, but have kept against the queen force? But you say you liked not the motion, you asked advice
taken, when you were appointed columission
for the matter York; and against your of it.
oath counsellor the queen, you dealt Duke. Indeed told one of Owen met indirectly and partially you deceived the me the way from Titchfield, and told me
queen's trust, and disclosed her secrets. how we were danger, and said, That WOL.
from hence. He hath had money you, and you have received letters from him four times coffers. -
Selj. He your solicitor for she tak
I.
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at
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995]
STATE TRIALS, 14 Eliz. 1571. -Trial of the Duke of Norfolk, [996
some of our friends thought it was best to take your part, prove any thing that might make the Tower. I refused to do and said, Take for you And were you denied
the Tower That were proper device indeed! Duke. have divers times prayed, that And thence went my lord Penbroke's,
and there dined; and then told my lord Pembroke that device whereunto an swered, We are well, and safe enough let
them that will. And the Tower
Burleigh. ask because have not heard reported her majesty that you made saulty take the Tower, they any such request, have any special Wit
nesses examined Proofs heard, your art.
force that which you
had practised against the queen's majesty's of Hickford, the 3rd Article. -
Serj. To maintain
Here was produced and read the Confession
what end
should have taken
commandment, which was the Marriage the Scotish queen.
with
Duke. advised her, touching her son, that she should first be well assured that he
should bestowed among her friends. For her castles, advised her, that she should
any wise take heed, that they might not after come into the hands her enemies; for
she delivered Edinburgh-Castle, she should not safe Holyrood-House.
Serj. How standeth this with the duty and oath counsellor, give Advice foreign
prince against the queen's majesty
Duke. excuse not, herein confess my
error; beseech you call not these my inferior faults, which have confessed, among the
-
Advice against the queen the Scotish queen.
JDuke.
Serj. afterward,
had not then dealt with
well proved that you had and your house Charter-House,
you received letters, messages, and tokens
from the Scotish queen; you received from her brooch, with hand cutting down vine;
and this poesy upon Virescit vulnere Virtus.
But, my lord, be cut And Wilbraham.
that time, against her ma jesty's commandmont pray you what
time, since her majesty's commandment upon your allegiance, did you bear deal with
the Scotish queen
Serj. Beside this you have given advice
not this time,
green vines grow when they
green vine was.
My lord, you still say you deal
any thing were denied true which said, might driven my proof
Now shall further proved unto you, that counsellor the Scotish queen, against the where the Scotish queen here custody
queen's majesty namely, when Treaty be the queen's prisoner, hath also been privy
tween the queen's majesty and her, there were three Articles propounded the queen's ma jesty's part the one for the delivery her son into the queen's majesty's custody the other
for delivering the English rebels that were fled into Scotland the third for delivering cer tain holds Scotland into English men's pos session gave advice herein counsellor, against the queen his sovereign lady. The Ar ticles were expressly sent the duke have his advice, before that the Scotish queen would resolve any Answer; and she respitcd her Answer made according his direction. He gave advice, that she should wise de liver her son, for was against her own safety,
not knowing whether she delivered him into her friends hands no. As for the Rebels, she should wise deliver them, for were against her honour: and for the holds, she should not deliver any for were against the safety
devices for conveying her away.
Here was produced the Confession Bar
ker. Oct. 1571. Article 13.
Duke. This not true, saving that indeed
advice was broken me conveying her way window, gallery’s-end, one my lord Shrewsbury's houses, the which win
dow the bishop Ross had taken measure: but this device was overthrown at such time as was told me. As for that which Barker hath here confessed, utterly false.
Serj. Now shall you hear the duke's own Confession.
Here was read the Duke's Examination, Octobris.
Serj. Besides this, the duke being prison
the Tower, made Submission the queen's
majesty, confessed his error dealing with the Scotish queen, and promised, upon his faith
and allegiance, never deal with that Mar
riage, with any other matter touching the
Scotish queen.
Duke. confess did so.
Stoj. Before his subscribing his said Sub mission, first made the Scotish queen privy
and seat her double
her friends Scotland. Duke. For advising not
deliver the any such Ad vice. As for Delivery her son, advised her
lèe bels, deny that ever gave
no otherwise but thus, that wished her
bestow law, there, where she might have sure friends.
Duke. sent the bishop Ross. Sci. Thus, contrary your oath, allegi Serj. All one.
ance, and sidelity, and against the credit that you would fain thought of, you bocaine,
JJuke. confess it.
Serj. What should move my lord Nor folk now earnestly still pursue this Mar foreign prince against your own sovereign riage You see liked not the person, she
your own confession, "counsellor
lady.
Burleigh. My lord, did you ever desire
have any Pools Witnesses produced
was not good fame, signified the queen, reported Bannister. The kingdom Scotland esteemed not, and also
greater wherewith am charged.
Serj. Thus appeareth how hath given
or
beor it,to in; ? bya
by
aa at
ofheof so I I he I so is
or
I
ain be
I I
I to
tohe so
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13
as if in
997] STATE TRIALS, 14 Eliz. 1571–for High Treason. [998
it was out of her possession, in the hands of the queen Scots abode, the duke pro the king her son, by her own dismission ratified cured him labour the cause his Marriage
by parliament. Forsooth he had an old blind with her with diligence. Item, That her Prophecy lying by him : In craltatione Lunae majesty being Southampton, Richard Can Leo succumber, & Leo cum Leone conjungetur, dish, certain might walking his chamber, & catuli eorum regnabunt ; which belike is and persuading him means labour for thus to be expounded, At the exaltation of the the queen's favour concerning that Marriage; Moon (which was the rising of the earl of Nor the duke affirmed, that before he lost that thumberland that giveth the moon) the Lion Marriage would lose his life; and said more (which is the queen's majesty) shall be over over, that ever handled thing wisely thrown; then shall the Lion be joined with a cunningly, would say was the matter Lion (which is the duke of Norfolk with the that Marriage, knew from the beginning. Scotish queen, for they both bear lions in their Item, That the Monday night, after the
arms) and their Whelps shall reign (that their posterity shall have the kingdom).
duke's departure from Southampton, Ra. Can dish being Hayward-House with him, the
company the lord Lumley, the duke and the said lord Lumley, talking secretly together,
suddenly the duke brake out into this Speech: “Candish,' quoth he, “is able accuse me
no disloyal practices. ’ Whereat the lord Lum ley, were wondering, ‘Can not indeed,’ quoth he? “No indeed,' quoth the duke; and turning Candish, said, “Candish, this
case defy thee, say thy worst. ’ To which Can dish answered, ‘Besides the practice this Marriage, truly can accuse you none. ’
Item, The duke, another time, the said house, asked, Candish, “If God take away the
queen's majesty, whether could assure him
Duke. phecy.
Serj. Duke.
not remember any such Pro
your own keeping. What should do with it?
was
Serj. Such blind Prophecies have oft de ceived noblemen.
Duke. This nothing the purpose;
kept not any such end.
Serj. You uttered ford.
your servant Hick
Here was produced and read Hickford's Testimony.
Duke. toy Prophecy.
You see
call
foolish
Selj. Where had you Duke. remember
his brother Candish, and procure his said
not.
brother promise unto him Robert Ning field Item, At his last being Remming
Serj. Hitherto have you heard the Evidence prove the duke's imagination, compassing, and conspiracy, deprive the queen's majesty
the crown and her royal estate, and
bring her highness death and destruction.
For proving this his intent, you have heard
those matters proved, his practice join him
self Marriage with the Scotish queen whom
he then well knew falsely claim and pretend
title the present possession the crown
England also his prosecuting the saune Mar
riage without the queen's majesty's knowledge,
against her highness's express commandment
upon his allegiance, against his faith, promise,
and submission; yea, pursue that with
force, and use the advice and strength
his friends maintain the same force against
the queen; his hearkening blind prophe me and told me, my lord Burleigh findeth the
cies, money him lent the Scotish queen, and against the queen his sovereign lady. then purpose were pursue with
force,
well, will ride with him and find his humour, and will face that fellow thoroughly from Salisbury you said you would ride Leicester, and home with my lord Burleigh, and you doubted not bring me such word from him
should satisfy me. You told me how my lord Leicester was firin, and Nicholas
Throckmorton my sure friend, and that they
would both join deal with the queen ine; and how sir Nicholas sent the word, That he
doubted not the queen would take order my contentation her next coming staid house.
you London, though
Then came and had
great liking you, yet because you were loth Arundel's, and were somewhat
ease, you my house. never made great account you; my lord Leices made first acquainted your brother you
must needs follow, that the same intent, imagination, and compass deprive and depose the queen's majesty
must
ing,
from her crown, royal estate, and dignity, and
advance and maintain that false and usurped title the Scotish queen unto the present pos
quently, for inaintenance his imagination and compass the queen's majesty's
". England,
session the crown and conse
you
hear Proof his own words, declaring the same intent pursue the Marriage force,
and rather lose his life than give over. CAvex pish's Deposition.
That his several Journies unto the places
death and destruction. Now shall
further
hall, among many others talking, had this speech; ‘Candish,' quoth he, nothing will undo but the Rising the northern lords. ’ To whom answered, God forbid that any such thing should be, for will undo ali: whereat replying, said, fear they will rise. ”
Duke. The Duke looking upon Cavendish with scornful and smiling countenance, said, You are an honest man That which he saith
the Talk between him and me Southamp ton, utterly false that time you were most earnest my part, and came me
for succour, for that you said your cousin Christmas was fallen out with vou. When we rode my lord Pembroke's, you cane
at
to to of
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909] STATE TRIALS, I. Liz, 1571. -Trial the IDuke Norfolk, [1000
know was not my friend. I then took you as Attorney. Now you have beard enough
I now find you. While you could hold on, the first matter. In this indictment are con
you shewed your Letters that you did write on tained three principal Treasons, whereof the my behalf; then you came to me and said, you first imagining and conspiring the deprivation,
had need, and borrowed money of me ; I had death, and destruction the queen's majesty:
none at that time, but I sent it you by Bowes.
for proof hereof, imagine, compass, death the prince,
I
heed of you; you dealt with I)ier and with
Straunge very maliciously. As for the Speech
at Remming is all, that you speak of me, it is for the statute but Declaration what was
untrue; I dealt not with you there about any Treason common law which Imagination, such matter; I left you at London, I looked when appeareth overt fact, must needs
not for you; when you came, I was glad to be judged Treason; for overt fact but shewing
rid of you ; you said you were going to Nor man's mind, which when man outward
was warned
the
the common law;
by
my
divers of friends to take
deposing High-Treason the
wich, and I was glad you were going, and willed speech deed hath uttered,
must needs which must
may made bold, say ex
you to look at my house at Norwich, and toll judged that
was his meaning such means,
me how you liked out the north heard
nothing six weeks before. You suddenly
slipped away from me, and then came
London ward; you are honest man, indeed! It all false that he hath sail.
gathered
appear. pressly,
For traitor will depose
kill the king; but
often hath been seen, that they directly, and means that tend
taken seek the death the prince. Now therefore prove that the duke Norfolk hath imagined and compassed the deposing and
death the queen's majesty, this hath been
Then was alledged the Examination one
Haveling touching Havers, whom the duke sought join himself Marriage with the
Then Cavendish began report and justify
and therefore that goeth about
stir the people rebellion, levy war within the membrance, when the duke gave him reproach realin, assail withstand the prince force,
what had said, and put the Duke re
statute 25 Edw. and
hath been truly said, That
procure
about in that end
ful words of discredit.
Serj. He sworn, there needeth more
proving; you sent Havers the earl West morland.
sent the earl Northumberland, with this
Message, “That the two earls should rise, he were undone. '
Duke. This may seen two years old,
and me fully declared and answered.
Then was read the Confession of Havers.
Scotish queen, who pretendeth title the queen's crown. This did without the queen's privity, against her highness's express com inandment upon his allegiance, against his own promise and submission. First, being
York, Commissioner appointed the
alledged Letter the Scotish cypher the duke, containing, that
Then was queen's
secretly earl of Northumberland was delivered to the practised for the Marriage. This being ob
Shrewsbury had told her, that the
queen, contrary his oath and dealt undirectly and partially,
charge,
and played
the lord
earl Sussex; for which she was very sorrow objected against him, hath denied
cumbering
should light upon the duke himself?
Duke. That letter never came my hands.
Selj. was found the bag which you willcd be burned.
Then the said Letter was read.
testified three Wit Murray, Ledin-ton, and
ful three days together, for fear of friends he were taken.
What friends was she
that she wrote the duke, unless she thought
you have heard
nesses, the earl
the bishop Ross.
the practice and indirect dealing was this end, compass the Deprivation and Death the queen's majesty; for well knew that the Scotish queen made Title the present pos session the crown England; that she de nied the queen's majosty lawful queen
Rebellion her sorrow the yielding the earl Northumberland was, for fear should bew ray and cumber her friends.
this realm that she usurped the royal stile;
any difference this knew, was queen's privy coincil the same time; knew that she made no renunciation of her un
careful for,
appeareth, that all
shewed you first, secret and indirect means
Duke. All this nothing me.
Serj. This proveth you practice the that she quartered the arms England without
Duke. That toucheth not me; for am just Claim, though were required her.
sure the earl of Northumberlaud bath been was also one Article the Commission where
sought for me, and yet cannot accuse me. himself was Commissioner, To require the Selj. Ilad not concerned you, had not Recognition her error, and the queen's
been written you.
19uke. Some Letters never came
hands: sometime they came the bishop
Ross, sometime Bannister, sometime not queen's majesty, but seeker her highness's deciphered; Straunge and Bowes, and other overthrow and destruction: and yet the duke that have been messengers for me, can tell. Norfolk knowing this, practised compass
Here Mr. Attorney began rosecute the this Marriage. Wherefore, pray you, sought second Part, and spake first this elect: that Marriage; yea, and sought
untrue part with the queen
majesty's present right knew well was my not done. the Scotish queen claimed such
present title, then was she friend the
the
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1001] STATE TRIALS, 14 Eliz. 1571. -for High Treason. [1002
meant to achieve it with force : It was not in practised levy any power against her,
r*espect of her person, for he knew her not; it any those things that are contained could not be for any good report of her virtuous for Treasons within the words the Statute. conditions, for he had an evil opinion of her : the bishop Ross sufficient Witness he did by his writing certify against her, he de against me? There points enough the law clared to Bannister that he thought very of prove him sufficient witness: He
stronger and Scot; stranger can suf ficient witness, much less Scot: for whereas when there peace between the queen's ma
pect that unjust Claim and Title that she foreign realm may freely come and traffic pretended the present possession the this realm; yet though there peace be
crown England; which title cannot main tween England and Scotland, Scot come tained without evident purpose depose the into England without passport, may queen's majesty, and bring her Death and lawful prisoner. Again, cannot tell what ldestruction, which plain Treason the may for fear. Bracton saith, That Witnesses statute Edw. for more can England must liberi homines, free men, full age,
her. was not for her Title the kingdom for neither was she possessed
though
Wherefore sought her then? surely res jesty and foreign realm, the people that
néither did esteem
she had
bear two queens, than the world can bear two
suns. And how should we have maintained
but with force? And how could that have been,
without depriving the queen's majosty from any but the bishop Ross, who can no the royal estate? and how could that have been sufficient Witness against me. What care done, without compassing her highness's death what Hamlin says: toucheth me not. As and destruction for the jealousy usurper for Havers, never sent him with any such cannot suffer the just prince live. This your Message: indeed asked him what company honours are search and consider, and your found with my brother Westmoreland. judgments we refer Now my lord Nor He told me, found none but my brother folk's chief and only Answer but his bare Westmoreland.
But for my lord Nor
Denial, which sufficient Answer; specially thumberland, sent not him. might sith himself hath fallen into great discre have brought forth my Proofs, could have
side the oath of counsellor which he hath also
broken, disclosing the queen's secrets, and
secret practising against her express command
ment. Now also, since was last appre
hended and committed, hath denied certain
things, which hath afterward, being constrain here well enough. fear had moved me, and
with strength proof, confessed yea,
hath denied those things upon his oath, which he hath afterward granted be true: he not believed upon his word, his own word discredit him, how great soever
degree.
Duke. Upon the Statute Edw. inferreth, that Treason imagine
compass the Deprivation and Death the queen's majesty; the Lord forbid, and pray God may sooner buried the earth,
those with this case but my dealing with Destruction her majesty's person. There her about Marriage, pray you draw not
than should seek attempt any thing the
queen's majesty, beseech you confound not
Maxim law, that penal statutes must such intention, advance her title against the construed strictly, and penal statute ought queen; because though she once made such extended further than the very words. claim, yet considering what amity hath since been between the queen and her, make her
Now that my accusers have deposed said against me, how false soever be, there not one them that say went about any hurt her majesty's person, that levied
now enemy, hard her, though treated
minded, nor intended.
and surely marry never concluded,
honest, and good report: the bishop Ross none such. So nothing proved ruly
Overt-fact against me, neither an accused
dit, doing against his word, his hand, his oath. He promised, being commanded upon his Allegiance, never deal that matter
promised, his Submission under his own
hand, utterly forsake and deal more
with the Scotish queen for that Marriage, nor
any other matter: promised oath spe
cially taken when was Commissioner for
hearing the matter York, do therein direct could have made shift well enough.
and indifferently without partiality. All had intended any such Rebellion Treason, these Oaths and Promises hath broken, be would not have put my lord Northumberland
brought forth proofs such message;
Confessions, and not
good fame, that sent could have proved by hearsay. only
the bishop Ross Witness against me, and
what you perceive. never heard the Rebellion, till Henry Nevill told me it. had had such mind when was
Norfolk, needed not have come hither;
trust withall, 1. 0r yet my brother West moreland, nor would have coine hither put my head the halter the Tower; but be ing was, such place where might have shifted, would have kept me from coming
that doubted mine own case, could easily have avoided. So, say, prove me guilty
Treason, you must shew some overt-fact that have done against her majesty's person And the Witnesses, think have said su". ficiently. As touching my dealing with the
Scotish queen, far
pass Treason, this
faults, inferior treason,
pentance and humility submitted myself the
dealt without com say for my meaner have with re
Where said was
or
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1003] STATE TRIALS, 14 Eliz. 1571. —Trial qf the Duke of Norfolk, [1004
privy to the device of her taking away, I utterly intent depose her, which force she must deny had been so, would not have needs resist; which she be not able do been against her, nor would have certified then followeth her Death and Destruction. against her ever advised her submit her My lords, here goeth still one manner self the queen's majesty but when overt purpose, his own bare denial, and allowing
proved against me, no sufficient Witness; but here God himself shall bring me thus arguments and circum witness: this matter opened God him stances, think very hard. should have self. was known, that Treason was hand;
stolen her away, could not alone: was many searches were made understand destitute friends, that could not make man could any travel find out, till God any man privy it? And who there that ac himself opened it; the Saying fulfilled,
cuseth me that may spend five marks “What done secret shall made open. ’ year Now sith nothing proved against me The Treasons my lords the council knew of; any Witness sufficient, beseech you con appeared April last, that such Treason
sider favourably me. Indeed my brother was but whom toucheth was not known Westmoreland sent me his man with recommen them, not him that opened So
dations; and sent him, his man, ring God hath opened affirm these mean men which my sister had sent me before and also credit. The Treason being known Havers with this Message, ‘Commend me the privy council half year together, yet could my Brother Westmoreland, and tell him they not understand the party, till God dis that am well, mine Innocency shall deliver closed marvelious chance. August last me but nothing touching any Rising all. there was 600! . money prepared sent
ever were privy that Rebellion, then with Letters into Scotland the queen's ene condemn me the treasons that you lay mies, for their relief and maintenance, and
fact Treason can
against me.
Crown; then must this grow depose the queen, and then
the duke Norfolk's appointment con veyed his man Bannister, and into Scot land. This money was delivered one Brown
the duke's servants, Brown, “Here
conveyed Imagining Mr. Bannister's dwelling near Shrewsbury. ’ Treason (i). Brown having received the money, though the
50l. was gold,
Attorney. My lord and are now issue
upon this point; afirm with Proofs, and
his lordship barely denieth his intent
were compass the Marriage, knowing her
pretend title the present possession the 50l. pray you help that
Shrewsbury, one one Hickford; who said
the Mind: bulk was somewhat like the proportion
An overt-fact Declaration
Letters, Tokens, Speeches, Messages, and such silver, yet the weight, reason
like, overt-facts. Now you had married made him suspect whereupon
her, you must have maintained her pretended one the queen's privy council, and disclosed Title, which you could not have done without his suspicion, that might learn what manifest purpose and compassing depose carried. This bag being opened, there was the queen, and bring her death, which found 600l. gold, and certain letters withai, High-Treason. Now beside, there one other
fact, which will give you Evidence; which
most evidently proveth the duke Norfolk's
Imagination and Compassing depose and good providence, was
destroy the queen. well known that Pius son touched the duke
5th the bishop Rome, the queen's majes Name and Cipher Quarante 40, and another
ty's notorious enemy, hath been publish ed; hath shewed himself his proceed ings: hath shewed Bulls, they have
nobleman was signified the Cipher Trente. Then fell out new matters: certain
the duke's servants examined, whether they been brought into this realm, and some have knew any Cipher used any man the suffered for them. The duke Norfolk know name Quarante, they confessed that Quarante
ing so, hath practised with his factor, hath sent unto the pope for aid and force against the que conferred with one Rodolph
Merchant Stranger, over sea the duke Alva, and the pope, the name
was the duke Norfolk; they were kept several places, the bishop also prisoner
place several from them all, and yet they all agreed one. So God's work hath enforced their credit their agreement, being severally
the Scotish queen and the duke Nor kept. Thus came light God's own folk, and procure power invade this work. Now see what the cause was The
realm, for the advancement the Scotish
queen's false Title the crown this realm
and the mean time, the duke promised
move her friends levy such power they were able, assist the strangers when they
came this proved you, then
flat Treason. To use force against her majes
great Treason was contained Letters written cipher, one signified the Number Qua
rante this Quarante was for the duke, and the duke confesseth. What cause had they suspect him? Letters from Rodolph made men- tion great Treason, and provision men from beyond the seas, invade this realm, ac
her own realm, must needs done with cording his order and request, who was meant Quarante. then we shall prove (i) See Hale's Pleas the Crown, 120. unto you that Rodolph had this Message and
the queen's enemies, and Bannister Whereupon the duke's man, that sent the mo
ney, was apprehended;
and then, God's found that this Trea Norfolk, under the
went
| byto
it to ; is
in of3 to in of to it be
ty in
ofa
to Ifbyso
be
ofis
;
Ifto
it to
so it:
so ofasa
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in
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be to to to it
to go ofto
of his in
to
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by
I do I
of in
to
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is
it If
I to
it
:' I to
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be to nII
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It by to in he is to be
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it, to to as to no ofof
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In
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1005] STATE TRIALS, 14 Eliz. 1571–for High Treason. [1000
Commission from the Scotish queen and the
duke of Norfolk, to treat with the pope, king
Philip and the duke of Alva, for the bringing
in of 10,000 men to invade England, and to 23. All this the Duke denied, and said, make war against the queen in her own realm ; never saw any Letters from the pope, but one, there must needs be compassing to depose the which will speak anon.
queen, and to bring her to Death, and so High
Treason : For he that will levy force to invade
or make war in a prince's realm, and that in
maintenance of a Title to the present enjoying duke, the title Quarante. Then was of the crown, doth what he can to depose the read the bishop's Confession, dated 26th prince, and consequently also doth what he October, concerning Andrew Beton's can to destroy the prince. Now to prove that coming.
the duke of Norfolk dealt in this manner, sent Att. The Duke had these deciphered, and
read them.
force of strangers, and to levy War against the Then was read Barker's Confession, 6th
shew what manner of man this Rodolph was: Att. Thus plainly appeareth, that the duke
He was one that lived divers years here in this was privy these Messages the pope, and realm, a notable traitor and enemy to the Conference with his Factor now resteth to
queen and realm of England, and of long time understand what followeth this course begun the pope's Factor. In the duke's first Trouble, with Rodolph the pope's factor; what Mes this Rodolph was suspected of such practices, sages were sent; what practices devised; and
and therefore by the council committed to the what cnsued. Upon this Letter, the Scotish
custody of Mr. Walsingham till October was queen wrote Letter the bishop Ross, twelvemonth; and for that no evident matter wherein she wrote back Discourse of her
appeared, he was delivered again in the No Estate and Device, what she thought best
this Message, and practised to bring in this
queen within the realm, it shall be good first to Nov. Art.
sion the November, the 5th Article. Also Ross's Confession ad Artic. litera
Also his Confession the last October, Article
Then was read the bishop Ross's Confes sion the 6th, 7th, and 8th, making mention
Pacquet, wherein was one Letter the
vember following : So soon as he was deliver ed, he by and by opened to the bishop of Ross,
That he was Factor for the Pope; he shewed
done, referring the direction the duke of Norfolk. Here the Letter itself
seen. —This Letter came the bishop him his Commission, and sundry Letters writ Ross; he sent over the duke, with Letter
ten to him by the pope's nuncio in France, about matters of the practice a long time. This Rodolph was well known to the Scotish queen, the pope himself and his nuncio recom mending him to the Scotish queen : The duke was made privy of and made him privy
his dealings, and kept secret from the queen and her council. When the Bull was brought over, that Felton died for, this Rodolph had six copies and dispersed them; whereof gave one the bishop Ross, one other
from the Scotish queen the duke. This Let ter was deciphered, and found hidden the duke's house under the mats entry,
the way the duke went his bed-chamber: the Cipher itself was found the tiles the house. This plainly declareth, how the duke
dealing with the Scotish queen and the pope pursued his purpose advancing the Scotish
queen the crown England that the Scotish queen was practice for with the pope, and referred the Dispatch Rodolph the duke; and the receipt those Letters
the Spanish ambassador, and the third the
French ambassador, and the rest we know not confessed IIickford, and the duke him
what he did with them. Now the duke know ing him such one, was man deal with. That was such one, and that the duke well knew and sent him message
self.
IIere was read the Letter of the Scoti-h
Queen the Bishop Ross.
Att. By this Letter appeareth, how the
the duke Alva, and the popc, you Scotish queen hath set out the whole Plot shall see plainly proved. Then what lines the Treason: Message should sent for Aid sage was, you shall see also disclosed, and how from foreign parts; Rodolph the fittest man things hidden will, God's providence, come the messenger; and that Rodolph should
light. The Letters were written cipher, dispatched about when the duke and deciphered, and the Cipher hid the tiles, Norfolk would. The Device was move king and found chance; may appear Philip for Aid, upon consideration her God's own work open these Treasons. State here, enter into deliberation the
Here the Duke took exception his saying, time and opportunities set her friends
that the Cipher was found the tiles; and field, and
said, was not the Cipher that was found there, confessed
but the Alphabet: the Duke always his confessed
Speech called the Letters matter written about January was twelve-month, and was strange characters, the Cipher; and the paper hid under the matts.
of the characters themselves he called the Al Duke. hid that the Letter should be burnt.
phabet, which Mr. Attorney usually called the Cipher.
Then was read the Bishop Ross's Confes
Att. God would not have but that should remain for disclosing the matter.
Duke. As touching Rodolph, what manner man was, matter me: know
seize themselves her. This Hickford and this Letter also
the duke himself, that received
of
to he to a
or
so
inas a
in
to
to he
to
so
it
by
to be
of to it,
in in in
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1007] STATE TRIALS, Eliz. 1571–Trial the Duke Norfolk,
no more, nor am to be charged with no more fessed against you, were also kept
than I myself am privy to. I never dealt with kept asunder several places, and severally
him about any cause of mine. I received no examined, agreed one, and your own such Letter, but that which Barker said came Confessions agree with them. how can this from him, which was not that of January that imagined and false All these testify with you speak of about two years ago; and as for one consent. The bishop Ross, when Instructions and Letters about that January first came the city, was examined these was twelve-month, I received none. things, denied all, stood
Burleigh. Here the lord Burleigh said to nestly when questions were asked him, Mr. Attorney, You may mistake, it was this said, He was ambassador, and not
time twelve-month, for now we are in January. dealt with, but referred his own mis And so Mr. Attorney remembering this pre tress the Scotish queen. When was com
sent month to be January, referred the Letter mitted the Tower, and there again examined to January now a year past; and said, This secing things coufessed already; and the Letter that I now charged you with, came to manner the questions that were asked, per
our hands at this January was twelve-month : ceiving some light that the truth was known:
it came first to the Scotish queen's hands; she then confessed also, and his Confessions
took occasion upon considering her own case doth, agree fully with Barker and the rest;
here in England, in France, and in her own which consent could not possibly be, the
country, that it was best for her to cleave unto matter were not true; besides that, hath Spain. She wrote to the bishop of Ross her his Confession touched himself.
Discourse to that end: she counted Rodolph Duke. They have not agreed Confession the fittest messenger; matter was devised for against me, that told them any such thing: his Instructions; she referred the Dispatch but one them told another, and from hand wholly to the duke of Norfolk; the duke dealt hand went among them.
in his Message appeareth. And thus con Att. Well, you see what confessed, and tinued till March and then, according the with what consent we are issue; here but
went over indeed. Duke. What
know not that
they will not say they delivered
that received any such Letters
tions. This say, the bishop sent me Letter counsel might have provided withstand
the Scotish queen's, together with letter them, but you did not. The duke Norfolk his own her Letter she complaineth her found flat Treason intended; Rodolph was the own subjects, and saith, she will seek other messenger that procured it; the duke knew it;
was delivered nothing ine.
prisoner am sure your own hoase, when such dangerous matter me, nor came your understanding, you would have
here consider the Proofs. Barker, been good subject, being then
-
[1008
custody,
ear
Plot before laid, Rodolph was dispatched, and your lordship's Denial; leave
my lords you had
those devices, and advised the Scotish queen depend only upon the queen's majesty,
else, she world take any other cause, both
matter. Thus, proceeded: was agreed that Rodolph should have Message writ ing; and the same Conference, Barker being also among them, was agreed, and set down
instructions, that his Message should this: He should the pope and the king Spain, the name the Scotish queen and
and other her friends give her over; and thereupon
England, would
was that said,
that the queen, she fell
Instruc opened that the queen's majesty and her
means for her relief. This Letter was decy Rodolph was referred the duke's Dispatch, phered; misliked the Device, and bad that upon the Conference the bishop Ross the Letter should be burned the Let and Rodolph about the matter, and the Scotish ter Cypher was burned, and the Alphabet queen's willingness have him sent about the was saved. sent word that misliked all
such practices,
would publish her Letters and Doings her the duke Norfolk, require then money
infamy. Upon which my words, the bishop and men for the enterprize. Rodolph required Ross excused himself, and laid this matter, speak with the duke: Barker brought him
this new Device, Beyton and Rowley. the duke Howard-house; there they talked
not true that Barker made me privy together, the duke and Rodolph whole hour, any such Message Instructions, hath till was nine the clock night. After been alledged. Also not allowed this Talk, the duke delivered Barker Paper, for witness against me, for hath confessed saying, that Rodolph left with him; which Treason against himself; and persons outlaw Paper contained the sum the Treason, and ed, attainted Treason, are sufficient therein was also Paper the Names divers Witnesses. noblemen, knights, and gettlemen Cipher,
Cattan My lord, there none those whom they counted that they would take the Witnesses, that have declared matter against duke's part, but they counted without their ou, outlawed, attainted Treason, yet host; that there was for every name Ci
indicted.
Duke. They are worse; for they have con fessed Treason.
pher, the which was for the duke, and for the lord Lumley. Barker received
the duke, and delivered again Rodolph.
Att. The bishop Ross, this time, was Upon this Cipher 40, fell out the understand custody, and these men also that have con ing the Treason.
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1000] STATE TRIALS, 14 Eliz. 1571. —for High Treason.
[1010
Here was read Barker's Deposition, 10 Oct. ter allodged against me, nor received any Interr, 8. Item, Barker to the 22 Interr. other instructions, but only have said,
Att. In this Bill the duke is proved to be about my own matters.
40, the duke himself hath also confessed that Att. My lord, this but your own saying,
40 standeth for his own name. Barker brought and carrieth likelihood but Barker goeth Rodolph to the duke, which the duke also con nearer you telleth you plainly what the fessed, and that Barker brought him Instruc Instructions were: was king Philip for
tions for Rodolph's money. men, and the pope for money.
Here Mr. Treasurer and Mr. Chancellor of Duke. Barker hath confessed himself
the Exchequer, sworn, did testify that Barker Traitor, and therefore sufficient Winness made these Confessions freely, without com against me. never knew any such Bill pulsion. Also Mr. Wilson, sworn, did testify. Names, nor such Instruction French.
the same and that Barker was never offered
torture, nor was once the prison where the rack was: but the duke said Barker saw where his fellow had been.
Att. Did not Barker bring Rodolph you
Att. sufficiently proved. Now Ro
dolph came you again second time.
IDuke. deny came more me. Att. That not for Barker telleth
plainly, not only the time, but also the several
the clock night Did with you Instructions French
Duke. confess
Then was read Barker the 16th.
not leave
ways which himself brought oth.
Duke. There ways enough,
devised also dozen ways more, that house.
Here was read Barker ad 11.
IRodolph
might have would,
Att. Rodolph came also the second time the duke; after was come from the duke, he said Barker, That the duke and were agreed his Journey, and that the duke prayed him depart with speed. This Message was
procure men and money for the Enterprize
the Treason; and this Message the duke dispatched him.
Att. Lo! telleth you which way Rodolph eame you.
Duke. may devise more ways when
-
Att. Now you shall also hear confessed
the bishop Ross, who the time his
Confession was prison, not knowing what Barker had said.
Here was read Ross's Confession of that
matter. Here was also read Rosse, the 6th November.
Att. Here you see how the duke agreeth with Barker. And there was read Rosse more,
Duke. Touching Rodolph's coming, indeed confessed that he came me.
