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concealed
and what end should you have taken the Tower, but have kept against the queen force?
Complete Collection of State Trials for Treason - v01
(h) The lord regent Scotland.
that restoring the Scotish queen into her country,
know well can speak fair. told him ended. And therefore persuading her grace could nothing without my fellows, and only
effectuously not trust any who made such
narration; but like you had rendered you
her hands, inost tender you any living,
Prayed her grace take opinion you; pounding, they were best make offers them but you would use her counsel your as selves; for we were but receive such devices fairs, and would prefer her friendship
others, well uncles others, and assure her
such manner was prescribed our com mission. told him also, that we were but hear and certify; and for the matter com
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955) STATE TRIALS, 14 Eliz. 1571–for High Treason. [986
should hold themselves contented with the
queen's majesty's dealing, and with the deter
mination taken at Hampton-court, which was
such as might content them, and such as my
lord Burleigh then misliked. As for the earl of
Out the Bishop Ross's Examination, taken the 6th Nov. 1571.
saith, That the earl Mur
have been murdered the Scotland; whereupon this
he came to me at Cawood, and prayed me to Examinate the duke's advice, did write
the queen Scots, that the attempt might stayed, for that Murray had yielded the duke be favourable; and the murder should have
Murray, he began with me, and not I with him: way, his return
tell him what end would come of the matter.
I said, I knew not ; for it must come from the
queen's majesty: we knew not of the differing
of the commission at that time, nor till such been executed about Northallerton, the time as Mr. Sadler was sent for. How could I Nortons, Markenfield, and others, this Exa
tell him, and knew it not myself? I never yield minate was advertised the Scotish queen's ed to the Marriage between the Scotish queen servants that came from Bolton. ”
and me: I cannot gather such matter of looks alone, I never dealt more therein, but only that Ledington broke IIave not answered these matters have not, put me any thing have omitted, and will answer
Serj. Thus appeareth, that the duke
far assented the marriage, that rather than should not have taken effect, was con
tented that the earl Murray should have been murdered.
“To the 9th ray was fear
Serj. Your answer but only denial; Le Duke. The unkindness between the earl
dington and the rest write otherwise, that you Murray and me, was not about this matter made the first motion them and therefore his mistress the Scotish queen, but for another
Ledington, practice between you and him, cause: was because the earl Murray had sent the earl Murray you, under pretence reported that sought the marriage the
searching learn the state their own Scotish queen. charged him therewith cause, moved you for the marriage; message, excused himself thereof, and laid upon your answer, but yea and may be upon the earl Moreton and the bishop tween you. you meant directly, then needed Orkney; and for the device murdering him,
you not have dealt secretly conference
with Ledington, without the rest the Com
missioners; and besides Ledington's conference
with you, both the bishop Ross and the earl
Murray affirm your practising with them the John Wood came, and than heard not but same intent: which sufficient proof against the bishop Ross; neither did hear that
your own bare denial.
Duke. The earl Murray sought my life, the
should have been done the Nortons, but my brother Westmoreland being
hunting, when the earl Murray espying great that dealt the matter the marriage with company the hill-side, imagined that
other are not credit; yet these prove not
the Scotish queen, any respect her claim the crown England. the bishop Ross, any other, can say otherwise, let
them brought before me face face. have often desired but could not obtain it.
should have been slain.
Serj. You shall also understand, that the
duke himself wrote the earl Murray, wherein plainly declared his practise and as sent the Marriage: which very Letter we have not, but the copy thereof, under the re gent's own hand, which the regent sent the queen's majesty, whereby the matter - most
Serj. The bishop Ross confesseth
this
his own hand; and here you shall have,
witnesses, proved the duke's assent the mar plainly appeareth.
riage with the Scotish queen: and practise “My good Lord; have received your cour
teous letter, whereby not only perceive
you well affected for the advancement your
common weal, and the uniting this island, Northallerton, his way homeward, the but also your good mind towards me: which
Nortons, Markenfield, and other rebels: and two points cannot but note your special afterwards, being satisfied the earl Murray's commendation, and my great comfort. As
hands, Letter was written stay that de you shall prove me industrious assist you vice: containing also device compounding with my power the one, shall you not the matter, and how the earl Murray had as find me ungrateful the other, but really sented the marriage. requite you my uttermost for your friend
Here was contained the bishop Ross's ship frankly offered; the rather shall have Confession, Article the ninth wherein ap occasion employ myself for the just reward peareth, “That the earl Murray should have your deserts, the sooner shall think myself been murdered the way, going home into nature, friendship, and conscience discharged Scotland and that the bishop Ross wrote my obligation. the mean time, good my
the Scotish queen that the duke Norfolk lord, assure yourself, that you have not only advised her stay that murder, because the purchased faithful friend, but also natural earl Murray had yielded his good will the brother, who not, nor will not less careful marriage followeth for your weal and surety, than his own honour
the furtherance thereof, you shall see how that afterwards was privy device, that the
earl Murray should have been murdered
was never privy And where the Ar ticle saith, that heard the Scotish queen's servants that came from Bolton, not true.
never heard till Whitsuntide after, when
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987] STATE TRIALS, 14 Eliz. 1571. -Trial of the Duke of Norfolk, [988
and credit: whereof I am fully persuaded you his own fingers. The bishop Ross wrote doubt not: and therefore in that point I need the Letter, and licked his own fingers. The not to be over-tedious, but briefly to return earl Murray wrote me very humbly,
to that you desire to be satisfied which and that was my commandment, with for my marriage with sincerity with your such like words. having leisure write sister; wherein must deal plainly with your answer him, drew articles give him
lordship, my only friend, that have far
proceeded herein, with conscience, can
neither revoke that that have done, nor never
do mean, while live, back from this
that done, nor with honour proceed further, form, which cipher had not then.
until such time you there shall remove such Serj. stumbling-blocks, impeachment our Letter.
This the very Copy your own
more apparent proceeding: which when me shall finished, upon mine honour the rest
shall follow your contentment and comfort. Wherefore my earnest request, this present my good lord, that you will proceed here
Duke. See my Answer made my first troubles, two years past.
Serj. The queen's majesty, understanding
the duke's intention marry with the Scotish queen, the duke himself way prevention, complained her majesty the rumour that
with such expedition, the enemies this
good purpose, which will small number, was spread against him, that sought the
against the uniting this land into one king Scotish queen's marriage, and prayed might dom time coming, and the maintenance examined. which her complaint,
God's true religion, may not have opportunity, have heard her majesty herself declare and
through the delay given them, binder our intended determination; against the which
some here my lords have likewise heard said, among other things, To what end
thanks: but that the noblemen liked of that marriage, and that wished man's friend
ship more than his the bishop Ross added his own, and put cipher this
am opinion, there will foreign princes omitted. This
sleep upon safe pillow sire touching the marriage; referring myself account myself, your majesty's good favour,
sufficient resolve you, my lord,
your de derer? love
wholly, for your more ample instruction and satisfaction points, my lord Boid, who
practices hope will
should seek woman, such
marry her, being wicked notorious adulteress and mur
good prince home my Bowling-Alley Norwich, she though she were the hath commission both the queen Scot middle her kingdom. The Revenues the land, your sister, and also me, resolve crown Scotland, the ordinary Charges de ducted, about the necessary affairs the realm, are not comparable mine own that enjoy your goodne-s, have heard the chief
you doubts, whom wish you credit myself. You shall not want the furtherance
this enterprize the most part the noble men this realm; whose faithful friendship
officers that realm; considering also that her this case, and other my actions, have kingdom not her hand, but possessed
my contentment sufficiently proved. Thus being persuaded that your lordship's endeavour
another; should seek match with her, knowing, know, that she pretendeth title the present possession your crown,
for the maintenance God's glory, and the
advancement of the common weal of this your majesty might justly charge me with seek
island, have adventured impart my secret ing your own crown from your head. This the determination, one whom make account duke spake the queen's majesty, his ex
assured and unto whom wish long cuse, when the fame went his Marriage with life and prosperous health, his hearts desire. the Scotish queen, when yet, beside- that time,
with my hearty commendations this pre had dealt earnestly
sent, without further molestation, am, my Duke. may not nor will not stand against good lord, your faithful and most assured her majesty's Testimony, must give place friend. ”—From my house London, July onto it; but hereof was examined two years
“I
fied the request made for the bishop Ross,
obeyed
benefices; undone, pray o speeches;
you
Scotland, and doubt not but you have satis that time intended not the Marriage. And
have heard
have been the North
and then
declared,
now
that
and have caused his servants
his and what left
you cause effectually furthered. He not with that Marriage, nor minded
hath the queen Scots letter, directed Serj. Your owu Confession otherwise: you for that effect; but trusting that my re for yourself have since confessed, that you con
quest shall make him obeyed, ere the other come your hands, wherein you shall me singular pleasure. No RFolk. ”
queen your
from the conferences with
Ledington and Ross about the marriage, both the conferences had York and Hampton Court.
Duke. never consented the Marriage two years ago, when Mr. Sadler and Mr. At those times their conferences, and might
Duke. All these are Letters, and answered
torney were sent terrogatories. Indeed folly;
examine me upon In well use their speeches.
must confess Iny Then was produced his own Examination the
ago,
true that have
do,
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989) STATE TRIALS, 14 Eliz. 1571. —for High Teason. [990
fessed his concealment of those Speeches and
Conferences before used about the Marriage,
and that it had indeed been moved, but not con
cluded on: he remembereth that the queen
charged him straightly not to proceed in that
Marriage; but he remembereth not that she never saw her, you could not then carried charged him upon his allegiance.
The Duke of
Norfolk,
the 6th of Nov. 1571.
her, could you not led with love her conditions; the fame her good qualities and
virtuous conditions you never heard much except were herself, the bishop Ross,
To the first and second, he saith, That be remembereth that at Hampton-Court upon a report made by Robert Melvin, so declared by Woolcock, that this examinant had gone about
some her ministers; her kingdom Scotland you esteened not, both because she a matter of Marriage with the Scotish queen had not possession, but was pos
for himself, wherein he took himself to be
much wronged, and desired to have the matter
examined; for that he had not dealt in that
1natter, and doth not remember what the what end then pursued you the Marriage? To queen's majesty said unto him at that time: at other end surely, but advance and main which time he said for himself, That he intend tain the false and pretended title the present ed no such thing, nor meant any such thing; possession the crown England, and for the and yet he confesseth, That he did not declare attaining thereof, practise the deprivation,
to the queen's majesty, at that time, of any death and destruction the queen's majesty. speech that had been used unto him by Led further, we shall plainly prove that after ington at York, and the earl of Murray at your departing from the court, you meant not Hampton-Court, touching the said Marriage. only prosecute the Marriage, but also pro Being at Titchfield, the queen's majesty called secute with force, against the queen her him to her Gallery, asking of him, Whether he own realm; then must needs with intent had dealt any wise for the Marriage of the her majesty's deprivation and destruction, queen of Scots, as it was reported ' Where and High-Treason, within compass the unto he answered, He thought her majesty had statute of 25 Edward the 3rd. For whoso
and yet still more and more prosecuting the Marriage, cannot said have prosecuted
respect her person, but some other thing (forsooth the crown England) which he hoped attain under her pretended title. You
with love her person; you conceivedillopinion
session her son, her own dimise ratified parliament, and for that was not
good value your own possessions were. To
heard by others. But she willed him to declare shall take upon him prosecute and maintain the truth, because she had rather hear it of Title the Crown force against the queen, himself: and so he declared, That he had re and within her own realm, must needs make ceived Letters from her ; that the matter had account that the queen must and will resist been moved and written unto her; but he had that force then that force may overcome not made any conclusion in that matter with the prince's force, what the likelihood then her. Whereupon her majesty shewing herself
to mislike thereof, commanded and charged him
that he should not deal any further therein with
the queen of Scots, nor any other person in force, can wise suffer rightful prince
that matter: but that he was charged upon his live. Now prove your intention pursue allegiance, he doth not certainly remember; the Marriage with force against the queen
but that he was straitly commanded, he doth well remember.
At length he confessed, that he was charged upon his Allegiance.
your Journey towards London, you entered into conference and device between another and you for taking the Tower London, with
the queen's Ordnance, Ammunition and Serj. At Titchfield the queen's majesty ex Treasure therein, and have kept the Tower pressly commanded the duke of Norfolk upon force against the queen, and have
his allegiance, as himself hath now confessed, brought the Marriage pass force, whether
not to proceed in that Marriage with the Scotish the queen would no. But took not effect; queen: Now, if we prove that this command for the queen's majesty having understanding ment, notwithstanding, and against his own thereof before provided, for enforcing the place promise, he afterward still proceeded, and that with new supply and Mr. Pelham, lieutenant much more earnestly than before; and yet the ordnance was, for that purpose, put nevertheless, that he had the while con with sufficient power. Afterward being your ceived evil opinion against the Scotish queen, own house, the Charter-House, the queen's ma and upon the sight her Letters, and other jesty understanding these attempts, sent for
Evidences, thought shewed
guilty abominable whoredom, her husband, and signified
plainly you
you feigned . . ". whereunto make excuse
sickness, and that you had taken phy that for four five days you
her
the murder doubt letters, and sick,
declared the same his opinion Bannister: And journey promising after those four five also, That made account her kingdom' days, wait her majesty, according your Scotland, which she had not possession; duty. And immediately after this excuse sent,
she would have yet counted not without tarrying four five days, any more comparable his own dukedom. He say) days, the same night, you and stole away doing, and conceiving and declaring, into Norfolk, and there intended have levied
ensue? There must needs follow deprivation
the queen, and thereupon her Death and Destruction the jealousy Usurper
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991]
STATE TRIALs, Eliz. 1571–Trial Duke Norfolk, [992
--
force : but that the queen's majesty and her crime the Murder her husband; which council suspecting your purpose, had secretly our opinion and consciences, the said Letters sent into those parts before, and taken order written with her own hand, we believe for impeaching of your intention. If this then they be, very hard avoided. ”
be proved true, That you still prosecuted the Duke. This maketh for me; for this pro Marriage, without liking of her person, without veth that much misliking her, and signifying
estimation of her possessions, with only respect to her false title to the crown of England, and
with force; and sithence it cannot be pursued
with force against the queen, nor force levied
against her majesty, without purpose to suppress the letter, that you could not otherwise write, her majesty's force, and to depose her from her however you otheswise dealt: but this maketh
crown and dignity; and he that so seeketh to much against you, for proved you had an evil depose her must needs be thought that he will opinion her, and could not seek the Mar
not suffer her to live; all these matters consi riage
respect her person, but only re her false title; and that not the Scotland, which she had not, and
dered, the seeking of this Marriage in this form must needs be High-Treason, within compass of the Statute of 25 of Edw. 3rd.
Here was produced the Duke's own Letter, and the other commissioners, from York to the queen's majesty; wherein is signified the great
her own Letters and the certainty of the truth have him brought face face.
Duke. Bannister was shrewdly cramped abomination of the Scotish queen, appearing in when told that tale. beseech you let me
of those Letters, both by offer of oath of those that exhibited them, and by discourses of some matters there: which could not be written but
by herself, being known to none other. The Commissioners Letter is as followeth:
“Afterwards they shewed unto us an horrible
and long letter of her own hand (as they say)
containing foul matter, and abouninable to be
either thought written princess,
with divers fond Ballads her own hand; Duke. They broke me. What this
which Letters, Ballads, and other Writings be
fore specified, were closed little coffer
silver and gilt, heretofore given her Both well. The said Letters and Ballads did dis
me? Did consent?
Serj. You consented. Luke. No.
Serj. They say plainly, that you practised withdraw the things that might charge her.
Wilbraham. You have said, that the bishop Ross hath accused you malice; but you
answer nothing that which the bishop Ross wrote his mistress, the Scotish queen,
cover such inordinate and filthy love, between
her and Bothwell, her loathsomness and abhor
ring her husband that was murdered, and the
conspiracy his death, such sort every
good and godly man cannot but detest and abhor the same. And those men here do con
secrecy, wherein could stantly affirm the said Letters and other Wri Duke. Ledington broke
tings, which they produce her own hand,
malice.
me, and the
earl Murray broke me. pray you,
them brought face face me: have often required and the law trust so.
Serj. The law was for time, some cases Treason: but, since, the law hath been found too hard and dangerous for the prince, and hath been repealed. You intended
her own hand indeed, and take their oath thereupon
offer swear and indeed the matter contained them being such could hardly invented devised any other than herself; for that the discourse some
things, which were unknown any other than herself and Bothwell, doth the rather per
suade believe that they indeed
force;
terfeit
matters
men came them such, seemeth that
God, whose sight the murder and blood
the innocent abominable, would not permit
the same hid concealed. Paper
herein inclosed, we have noted your majesty To the second Article. The duke being the chief and principal points their Letters, after conferred with the bishop Ross, from written (as they say) with her own hand, the his mistress, know what would do the intent may please your majesty consider matter the marriage, the queen would not
them, and judge whether the same assent, said, knew she would, though not sufficiant convince her the detestable the first; because most the council aud uo
her coun the them, and the manner how these
have proceeded with the Marriage and for proof thereof, you have heard
device for taking the Tower. Now
further your purpose pursue your enterprize
own hand-writing. And
hard long Letters;
the prove
many and
force, let bishop Ross
much against her; dealt not that side when was York, where this
my Letter
letter was written. -
Serj. There were others joined with you
spect kingdom
which you despised, but the crown Eng land. Now you shall, the same end, hear your own Report against her Bannister.
Serj. No more than you were.
Then was read Bannister's Oct. , 12th Eliz.
Confession,
This sheweth that you had
her, and affection the person; therefore your seeking that Marriage was for another respect; and therefore Ledington, Ross, and
you practised the matter York.
The Bishop
Ross's Confession the 3rd Nov. 1571.
read the confession the the second article.
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993] STATE TRIALS, 14 Eliz. 1571. —for High Treason.
[094 -
blemen thought it meet ; and that he had known the minds of most of the noblemen.
And after, when the queen was offended with
him coming fron Southampton, he told the
bishop he would depart into his own country, Money lent you the Scotish queen, you
denied being charged upon your Allegiance, you promised not proceed further the matter. Notwithstanding that express con mandment her majesty; yet, against your duty, against your promise and faith, you still proceeded.
and so was resolved, by the earls of Arundel
and Pembroke, who would do the like; and
there would take purpose, by the advice of his
countrymen and friends, and do that was like liest for the advancement of the cause. The
bishop said, the queen's majesty would by force fetch him out of his country. He an
Duke. confess this was mine error; but swered ; That no nobleman in England would have already made humble Petition my
accept that charge at her commandinent; for
he knew their minds, specially for those in the North, who would assist. And if that he might once have that open quariel against her,
that she would first pursue hun, he would have friends enough to assist him, and that the Scotish queen should be safely enough provided
for; for that was the principal mark he shot at, and would do what he could to have her in his hands. And the earls of Arundel and
peers, not confound my faults together, nor
mingle my inferior offences with this great Cause.
Serj. Sithence the commandment given you Titchfield, not proceed dealing
with the Scotish queen any wise, you have continually dealt with her: you have lent her money you have maintained Liggons, your man and your solicitor, continually advertise you, from the bishop Glasgow, and the
Pembroke had promised to do as he did ; and Pope's Nuncio; and you have advertised him
Duke. deny
Selj. well proved that
Hampton Court, being examined the matter the
queen, you dissembled being examined
they in the North had promised the like. Item,
Liggons told the Bishop, that the duke was re
solved to go through with the matter by force,
if the queen would not assent to At this Duke. Liggons not my solicitor.
time common messages past between the Scot ish queen and the duke, and them the North. Duke. All false, saving that the bishop
Selj. He your solicitor, and yourself
have expounded him for where the Scotish queen, her Letters speaketh your solicitor,
Ross once spake with me and then under being asked whom she meant thereby, you standing him suspected man, desired have answered, Liggons.
me; nevertheless, Duke. At the first indeed she called him; his great earnestness and importunity, that but Solicitor no name of use. He hath
him forbear come
would but once admit him coine me, length came, and then moved me for
not been since my first Trouble; and for her calking, matter, she once called me Legista.
certain inoney the Scotish queen's, about
2000l. remaining my keeping: one letter
brought me, and more letters, until after eth him, and yourself expound
my first trouble. As for my going into Nor Then was read his own Confession, Money folk, can bring good witness, that meant lent 2000l. and received, &c. The duke con
not into Norfolk, four hours before went, and that spake not with him two days before. good ground that have prayed have the bishop Ross brought
fessed this receiving and lending Money. Then was read the bishop Ross's Confession, concerning Money sent Barthwick, and
money delivered Francis Bishop. me private Examination face face, where Duke. This deny not.
by might have put him remembrance truth; but have not had him face face, nor have been suffered bring forth Witnesses, Proofs, and Arguments, might have made for my purgation. As for sending Letters
my lord Northumberland, my brother Westmoreland, false; never received
letters from them my time. ever sent them, received from them any letters three quarters year before, me never
be credited.
Serj. You shall have Proofs that the bishop Ross hath said You stand much upon your own credit: now therefore your credit,
will say somewhat against your oath specially
Seij. Francis Bishop was Traitor.
Duke. knew him not.
Selj. 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
beor it,to in; ? bya
by
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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
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.
that restoring the Scotish queen into her country,
know well can speak fair. told him ended. And therefore persuading her grace could nothing without my fellows, and only
effectuously not trust any who made such
narration; but like you had rendered you
her hands, inost tender you any living,
Prayed her grace take opinion you; pounding, they were best make offers them but you would use her counsel your as selves; for we were but receive such devices fairs, and would prefer her friendship
others, well uncles others, and assure her
such manner was prescribed our com mission. told him also, that we were but hear and certify; and for the matter com
they should chuse, and give advertisement of the same. To what end should need to
he to
of
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; Ito
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955) STATE TRIALS, 14 Eliz. 1571–for High Treason. [986
should hold themselves contented with the
queen's majesty's dealing, and with the deter
mination taken at Hampton-court, which was
such as might content them, and such as my
lord Burleigh then misliked. As for the earl of
Out the Bishop Ross's Examination, taken the 6th Nov. 1571.
saith, That the earl Mur
have been murdered the Scotland; whereupon this
he came to me at Cawood, and prayed me to Examinate the duke's advice, did write
the queen Scots, that the attempt might stayed, for that Murray had yielded the duke be favourable; and the murder should have
Murray, he began with me, and not I with him: way, his return
tell him what end would come of the matter.
I said, I knew not ; for it must come from the
queen's majesty: we knew not of the differing
of the commission at that time, nor till such been executed about Northallerton, the time as Mr. Sadler was sent for. How could I Nortons, Markenfield, and others, this Exa
tell him, and knew it not myself? I never yield minate was advertised the Scotish queen's ed to the Marriage between the Scotish queen servants that came from Bolton. ”
and me: I cannot gather such matter of looks alone, I never dealt more therein, but only that Ledington broke IIave not answered these matters have not, put me any thing have omitted, and will answer
Serj. Thus appeareth, that the duke
far assented the marriage, that rather than should not have taken effect, was con
tented that the earl Murray should have been murdered.
“To the 9th ray was fear
Serj. Your answer but only denial; Le Duke. The unkindness between the earl
dington and the rest write otherwise, that you Murray and me, was not about this matter made the first motion them and therefore his mistress the Scotish queen, but for another
Ledington, practice between you and him, cause: was because the earl Murray had sent the earl Murray you, under pretence reported that sought the marriage the
searching learn the state their own Scotish queen. charged him therewith cause, moved you for the marriage; message, excused himself thereof, and laid upon your answer, but yea and may be upon the earl Moreton and the bishop tween you. you meant directly, then needed Orkney; and for the device murdering him,
you not have dealt secretly conference
with Ledington, without the rest the Com
missioners; and besides Ledington's conference
with you, both the bishop Ross and the earl
Murray affirm your practising with them the John Wood came, and than heard not but same intent: which sufficient proof against the bishop Ross; neither did hear that
your own bare denial.
Duke. The earl Murray sought my life, the
should have been done the Nortons, but my brother Westmoreland being
hunting, when the earl Murray espying great that dealt the matter the marriage with company the hill-side, imagined that
other are not credit; yet these prove not
the Scotish queen, any respect her claim the crown England. the bishop Ross, any other, can say otherwise, let
them brought before me face face. have often desired but could not obtain it.
should have been slain.
Serj. You shall also understand, that the
duke himself wrote the earl Murray, wherein plainly declared his practise and as sent the Marriage: which very Letter we have not, but the copy thereof, under the re gent's own hand, which the regent sent the queen's majesty, whereby the matter - most
Serj. The bishop Ross confesseth
this
his own hand; and here you shall have,
witnesses, proved the duke's assent the mar plainly appeareth.
riage with the Scotish queen: and practise “My good Lord; have received your cour
teous letter, whereby not only perceive
you well affected for the advancement your
common weal, and the uniting this island, Northallerton, his way homeward, the but also your good mind towards me: which
Nortons, Markenfield, and other rebels: and two points cannot but note your special afterwards, being satisfied the earl Murray's commendation, and my great comfort. As
hands, Letter was written stay that de you shall prove me industrious assist you vice: containing also device compounding with my power the one, shall you not the matter, and how the earl Murray had as find me ungrateful the other, but really sented the marriage. requite you my uttermost for your friend
Here was contained the bishop Ross's ship frankly offered; the rather shall have Confession, Article the ninth wherein ap occasion employ myself for the just reward peareth, “That the earl Murray should have your deserts, the sooner shall think myself been murdered the way, going home into nature, friendship, and conscience discharged Scotland and that the bishop Ross wrote my obligation. the mean time, good my
the Scotish queen that the duke Norfolk lord, assure yourself, that you have not only advised her stay that murder, because the purchased faithful friend, but also natural earl Murray had yielded his good will the brother, who not, nor will not less careful marriage followeth for your weal and surety, than his own honour
the furtherance thereof, you shall see how that afterwards was privy device, that the
earl Murray should have been murdered
was never privy And where the Ar ticle saith, that heard the Scotish queen's servants that came from Bolton, not true.
never heard till Whitsuntide after, when
as
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987] STATE TRIALS, 14 Eliz. 1571. -Trial of the Duke of Norfolk, [988
and credit: whereof I am fully persuaded you his own fingers. The bishop Ross wrote doubt not: and therefore in that point I need the Letter, and licked his own fingers. The not to be over-tedious, but briefly to return earl Murray wrote me very humbly,
to that you desire to be satisfied which and that was my commandment, with for my marriage with sincerity with your such like words. having leisure write sister; wherein must deal plainly with your answer him, drew articles give him
lordship, my only friend, that have far
proceeded herein, with conscience, can
neither revoke that that have done, nor never
do mean, while live, back from this
that done, nor with honour proceed further, form, which cipher had not then.
until such time you there shall remove such Serj. stumbling-blocks, impeachment our Letter.
This the very Copy your own
more apparent proceeding: which when me shall finished, upon mine honour the rest
shall follow your contentment and comfort. Wherefore my earnest request, this present my good lord, that you will proceed here
Duke. See my Answer made my first troubles, two years past.
Serj. The queen's majesty, understanding
the duke's intention marry with the Scotish queen, the duke himself way prevention, complained her majesty the rumour that
with such expedition, the enemies this
good purpose, which will small number, was spread against him, that sought the
against the uniting this land into one king Scotish queen's marriage, and prayed might dom time coming, and the maintenance examined. which her complaint,
God's true religion, may not have opportunity, have heard her majesty herself declare and
through the delay given them, binder our intended determination; against the which
some here my lords have likewise heard said, among other things, To what end
thanks: but that the noblemen liked of that marriage, and that wished man's friend
ship more than his the bishop Ross added his own, and put cipher this
am opinion, there will foreign princes omitted. This
sleep upon safe pillow sire touching the marriage; referring myself account myself, your majesty's good favour,
sufficient resolve you, my lord,
your de derer? love
wholly, for your more ample instruction and satisfaction points, my lord Boid, who
practices hope will
should seek woman, such
marry her, being wicked notorious adulteress and mur
good prince home my Bowling-Alley Norwich, she though she were the hath commission both the queen Scot middle her kingdom. The Revenues the land, your sister, and also me, resolve crown Scotland, the ordinary Charges de ducted, about the necessary affairs the realm, are not comparable mine own that enjoy your goodne-s, have heard the chief
you doubts, whom wish you credit myself. You shall not want the furtherance
this enterprize the most part the noble men this realm; whose faithful friendship
officers that realm; considering also that her this case, and other my actions, have kingdom not her hand, but possessed
my contentment sufficiently proved. Thus being persuaded that your lordship's endeavour
another; should seek match with her, knowing, know, that she pretendeth title the present possession your crown,
for the maintenance God's glory, and the
advancement of the common weal of this your majesty might justly charge me with seek
island, have adventured impart my secret ing your own crown from your head. This the determination, one whom make account duke spake the queen's majesty, his ex
assured and unto whom wish long cuse, when the fame went his Marriage with life and prosperous health, his hearts desire. the Scotish queen, when yet, beside- that time,
with my hearty commendations this pre had dealt earnestly
sent, without further molestation, am, my Duke. may not nor will not stand against good lord, your faithful and most assured her majesty's Testimony, must give place friend. ”—From my house London, July onto it; but hereof was examined two years
“I
fied the request made for the bishop Ross,
obeyed
benefices; undone, pray o speeches;
you
Scotland, and doubt not but you have satis that time intended not the Marriage. And
have heard
have been the North
and then
declared,
now
that
and have caused his servants
his and what left
you cause effectually furthered. He not with that Marriage, nor minded
hath the queen Scots letter, directed Serj. Your owu Confession otherwise: you for that effect; but trusting that my re for yourself have since confessed, that you con
quest shall make him obeyed, ere the other come your hands, wherein you shall me singular pleasure. No RFolk. ”
queen your
from the conferences with
Ledington and Ross about the marriage, both the conferences had York and Hampton Court.
Duke. never consented the Marriage two years ago, when Mr. Sadler and Mr. At those times their conferences, and might
Duke. All these are Letters, and answered
torney were sent terrogatories. Indeed folly;
examine me upon In well use their speeches.
must confess Iny Then was produced his own Examination the
ago,
true that have
do,
one time, and some
sundry times, some another, used some
those kind
but that time dealt
cook that cannot lick 6th Nov. 1571, and was read, and con
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989) STATE TRIALS, 14 Eliz. 1571. —for High Teason. [990
fessed his concealment of those Speeches and
Conferences before used about the Marriage,
and that it had indeed been moved, but not con
cluded on: he remembereth that the queen
charged him straightly not to proceed in that
Marriage; but he remembereth not that she never saw her, you could not then carried charged him upon his allegiance.
The Duke of
Norfolk,
the 6th of Nov. 1571.
her, could you not led with love her conditions; the fame her good qualities and
virtuous conditions you never heard much except were herself, the bishop Ross,
To the first and second, he saith, That be remembereth that at Hampton-Court upon a report made by Robert Melvin, so declared by Woolcock, that this examinant had gone about
some her ministers; her kingdom Scotland you esteened not, both because she a matter of Marriage with the Scotish queen had not possession, but was pos
for himself, wherein he took himself to be
much wronged, and desired to have the matter
examined; for that he had not dealt in that
1natter, and doth not remember what the what end then pursued you the Marriage? To queen's majesty said unto him at that time: at other end surely, but advance and main which time he said for himself, That he intend tain the false and pretended title the present ed no such thing, nor meant any such thing; possession the crown England, and for the and yet he confesseth, That he did not declare attaining thereof, practise the deprivation,
to the queen's majesty, at that time, of any death and destruction the queen's majesty. speech that had been used unto him by Led further, we shall plainly prove that after ington at York, and the earl of Murray at your departing from the court, you meant not Hampton-Court, touching the said Marriage. only prosecute the Marriage, but also pro Being at Titchfield, the queen's majesty called secute with force, against the queen her him to her Gallery, asking of him, Whether he own realm; then must needs with intent had dealt any wise for the Marriage of the her majesty's deprivation and destruction, queen of Scots, as it was reported ' Where and High-Treason, within compass the unto he answered, He thought her majesty had statute of 25 Edward the 3rd. For whoso
and yet still more and more prosecuting the Marriage, cannot said have prosecuted
respect her person, but some other thing (forsooth the crown England) which he hoped attain under her pretended title. You
with love her person; you conceivedillopinion
session her son, her own dimise ratified parliament, and for that was not
good value your own possessions were. To
heard by others. But she willed him to declare shall take upon him prosecute and maintain the truth, because she had rather hear it of Title the Crown force against the queen, himself: and so he declared, That he had re and within her own realm, must needs make ceived Letters from her ; that the matter had account that the queen must and will resist been moved and written unto her; but he had that force then that force may overcome not made any conclusion in that matter with the prince's force, what the likelihood then her. Whereupon her majesty shewing herself
to mislike thereof, commanded and charged him
that he should not deal any further therein with
the queen of Scots, nor any other person in force, can wise suffer rightful prince
that matter: but that he was charged upon his live. Now prove your intention pursue allegiance, he doth not certainly remember; the Marriage with force against the queen
but that he was straitly commanded, he doth well remember.
At length he confessed, that he was charged upon his Allegiance.
your Journey towards London, you entered into conference and device between another and you for taking the Tower London, with
the queen's Ordnance, Ammunition and Serj. At Titchfield the queen's majesty ex Treasure therein, and have kept the Tower pressly commanded the duke of Norfolk upon force against the queen, and have
his allegiance, as himself hath now confessed, brought the Marriage pass force, whether
not to proceed in that Marriage with the Scotish the queen would no. But took not effect; queen: Now, if we prove that this command for the queen's majesty having understanding ment, notwithstanding, and against his own thereof before provided, for enforcing the place promise, he afterward still proceeded, and that with new supply and Mr. Pelham, lieutenant much more earnestly than before; and yet the ordnance was, for that purpose, put nevertheless, that he had the while con with sufficient power. Afterward being your ceived evil opinion against the Scotish queen, own house, the Charter-House, the queen's ma and upon the sight her Letters, and other jesty understanding these attempts, sent for
Evidences, thought shewed
guilty abominable whoredom, her husband, and signified
plainly you
you feigned . . ". whereunto make excuse
sickness, and that you had taken phy that for four five days you
her
the murder doubt letters, and sick,
declared the same his opinion Bannister: And journey promising after those four five also, That made account her kingdom' days, wait her majesty, according your Scotland, which she had not possession; duty. And immediately after this excuse sent,
she would have yet counted not without tarrying four five days, any more comparable his own dukedom. He say) days, the same night, you and stole away doing, and conceiving and declaring, into Norfolk, and there intended have levied
ensue? There must needs follow deprivation
the queen, and thereupon her Death and Destruction the jealousy Usurper
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991]
STATE TRIALs, Eliz. 1571–Trial Duke Norfolk, [992
--
force : but that the queen's majesty and her crime the Murder her husband; which council suspecting your purpose, had secretly our opinion and consciences, the said Letters sent into those parts before, and taken order written with her own hand, we believe for impeaching of your intention. If this then they be, very hard avoided. ”
be proved true, That you still prosecuted the Duke. This maketh for me; for this pro Marriage, without liking of her person, without veth that much misliking her, and signifying
estimation of her possessions, with only respect to her false title to the crown of England, and
with force; and sithence it cannot be pursued
with force against the queen, nor force levied
against her majesty, without purpose to suppress the letter, that you could not otherwise write, her majesty's force, and to depose her from her however you otheswise dealt: but this maketh
crown and dignity; and he that so seeketh to much against you, for proved you had an evil depose her must needs be thought that he will opinion her, and could not seek the Mar
not suffer her to live; all these matters consi riage
respect her person, but only re her false title; and that not the Scotland, which she had not, and
dered, the seeking of this Marriage in this form must needs be High-Treason, within compass of the Statute of 25 of Edw. 3rd.
Here was produced the Duke's own Letter, and the other commissioners, from York to the queen's majesty; wherein is signified the great
her own Letters and the certainty of the truth have him brought face face.
Duke. Bannister was shrewdly cramped abomination of the Scotish queen, appearing in when told that tale. beseech you let me
of those Letters, both by offer of oath of those that exhibited them, and by discourses of some matters there: which could not be written but
by herself, being known to none other. The Commissioners Letter is as followeth:
“Afterwards they shewed unto us an horrible
and long letter of her own hand (as they say)
containing foul matter, and abouninable to be
either thought written princess,
with divers fond Ballads her own hand; Duke. They broke me. What this
which Letters, Ballads, and other Writings be
fore specified, were closed little coffer
silver and gilt, heretofore given her Both well. The said Letters and Ballads did dis
me? Did consent?
Serj. You consented. Luke. No.
Serj. They say plainly, that you practised withdraw the things that might charge her.
Wilbraham. You have said, that the bishop Ross hath accused you malice; but you
answer nothing that which the bishop Ross wrote his mistress, the Scotish queen,
cover such inordinate and filthy love, between
her and Bothwell, her loathsomness and abhor
ring her husband that was murdered, and the
conspiracy his death, such sort every
good and godly man cannot but detest and abhor the same. And those men here do con
secrecy, wherein could stantly affirm the said Letters and other Wri Duke. Ledington broke
tings, which they produce her own hand,
malice.
me, and the
earl Murray broke me. pray you,
them brought face face me: have often required and the law trust so.
Serj. The law was for time, some cases Treason: but, since, the law hath been found too hard and dangerous for the prince, and hath been repealed. You intended
her own hand indeed, and take their oath thereupon
offer swear and indeed the matter contained them being such could hardly invented devised any other than herself; for that the discourse some
things, which were unknown any other than herself and Bothwell, doth the rather per
suade believe that they indeed
force;
terfeit
matters
men came them such, seemeth that
God, whose sight the murder and blood
the innocent abominable, would not permit
the same hid concealed. Paper
herein inclosed, we have noted your majesty To the second Article. The duke being the chief and principal points their Letters, after conferred with the bishop Ross, from written (as they say) with her own hand, the his mistress, know what would do the intent may please your majesty consider matter the marriage, the queen would not
them, and judge whether the same assent, said, knew she would, though not sufficiant convince her the detestable the first; because most the council aud uo
her coun the them, and the manner how these
have proceeded with the Marriage and for proof thereof, you have heard
device for taking the Tower. Now
further your purpose pursue your enterprize
own hand-writing. And
hard long Letters;
the prove
many and
force, let bishop Ross
much against her; dealt not that side when was York, where this
my Letter
letter was written. -
Serj. There were others joined with you
spect kingdom
which you despised, but the crown Eng land. Now you shall, the same end, hear your own Report against her Bannister.
Serj. No more than you were.
Then was read Bannister's Oct. , 12th Eliz.
Confession,
This sheweth that you had
her, and affection the person; therefore your seeking that Marriage was for another respect; and therefore Ledington, Ross, and
you practised the matter York.
The Bishop
Ross's Confession the 3rd Nov. 1571.
read the confession the the second article.
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993] STATE TRIALS, 14 Eliz. 1571. —for High Treason.
[094 -
blemen thought it meet ; and that he had known the minds of most of the noblemen.
And after, when the queen was offended with
him coming fron Southampton, he told the
bishop he would depart into his own country, Money lent you the Scotish queen, you
denied being charged upon your Allegiance, you promised not proceed further the matter. Notwithstanding that express con mandment her majesty; yet, against your duty, against your promise and faith, you still proceeded.
and so was resolved, by the earls of Arundel
and Pembroke, who would do the like; and
there would take purpose, by the advice of his
countrymen and friends, and do that was like liest for the advancement of the cause. The
bishop said, the queen's majesty would by force fetch him out of his country. He an
Duke. confess this was mine error; but swered ; That no nobleman in England would have already made humble Petition my
accept that charge at her commandinent; for
he knew their minds, specially for those in the North, who would assist. And if that he might once have that open quariel against her,
that she would first pursue hun, he would have friends enough to assist him, and that the Scotish queen should be safely enough provided
for; for that was the principal mark he shot at, and would do what he could to have her in his hands. And the earls of Arundel and
peers, not confound my faults together, nor
mingle my inferior offences with this great Cause.
Serj. Sithence the commandment given you Titchfield, not proceed dealing
with the Scotish queen any wise, you have continually dealt with her: you have lent her money you have maintained Liggons, your man and your solicitor, continually advertise you, from the bishop Glasgow, and the
Pembroke had promised to do as he did ; and Pope's Nuncio; and you have advertised him
Duke. deny
Selj. well proved that
Hampton Court, being examined the matter the
queen, you dissembled being examined
they in the North had promised the like. Item,
Liggons told the Bishop, that the duke was re
solved to go through with the matter by force,
if the queen would not assent to At this Duke. Liggons not my solicitor.
time common messages past between the Scot ish queen and the duke, and them the North. Duke. All false, saving that the bishop
Selj. He your solicitor, and yourself
have expounded him for where the Scotish queen, her Letters speaketh your solicitor,
Ross once spake with me and then under being asked whom she meant thereby, you standing him suspected man, desired have answered, Liggons.
me; nevertheless, Duke. At the first indeed she called him; his great earnestness and importunity, that but Solicitor no name of use. He hath
him forbear come
would but once admit him coine me, length came, and then moved me for
not been since my first Trouble; and for her calking, matter, she once called me Legista.
certain inoney the Scotish queen's, about
2000l. remaining my keeping: one letter
brought me, and more letters, until after eth him, and yourself expound
my first trouble. As for my going into Nor Then was read his own Confession, Money folk, can bring good witness, that meant lent 2000l. and received, &c. The duke con
not into Norfolk, four hours before went, and that spake not with him two days before. good ground that have prayed have the bishop Ross brought
fessed this receiving and lending Money. Then was read the bishop Ross's Confession, concerning Money sent Barthwick, and
money delivered Francis Bishop. me private Examination face face, where Duke. This deny not.
by might have put him remembrance truth; but have not had him face face, nor have been suffered bring forth Witnesses, Proofs, and Arguments, might have made for my purgation. As for sending Letters
my lord Northumberland, my brother Westmoreland, false; never received
letters from them my time. ever sent them, received from them any letters three quarters year before, me never
be credited.
Serj. You shall have Proofs that the bishop Ross hath said You stand much upon your own credit: now therefore your credit,
will say somewhat against your oath specially
Seij. Francis Bishop was Traitor.
Duke. knew him not.
Selj. 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.
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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
to to of
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Xwo. . . . out~ *
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.
