<P_1,100>

<font> Duke . </font> This is not true , saving that indeed Advice was
broken to me of conveying her away at a Window , at a Gallery's-end ,
in one of my Lord of <font> Shrewsbury </font> 's Houses , of the which
Window the Bishop of <font> Rosse </font> had taken a measure ;
(THOWARD2-E2-P2,1,100.2)

but this Device was overthrown at such time as it was told me .
(THOWARD2-E2-P2,1,100.3)

As for that which <font> Barker </font> hath here confess'd , it is
utterly false . (THOWARD2-E2-P2,1,100.4)

<font> Serj. </font> Now shall you hear the Duke's own Confession .
(THOWARD2-E2-P2,1,100.5)

Here was read the Duke's Examination , 13 <font> Octobris . </font>
(THOWARD2-E2-P2,1,100.6)

<font> Serj. </font> Besides this , the Duke being in Prison in the
<font> Tower </font> , made a Submission to the Queen's Majesty ,
(THOWARD2-E2-P2,1,100.7)

confess'd his Error in dealing with the <font> Scotish </font> Queen ,
(THOWARD2-E2-P2,1,100.8)

and promis'd , upon his Faith and Allegiance , never to deal with that
Marriage , nor with any other Matter touching the <font> Scotish
</font> Queen . (THOWARD2-E2-P2,1,100.9)

<font> Duke </font> I confess I did so . (THOWARD2-E2-P2,1,100.10)

<font> Serj. </font> Before his subscribing his said Submission , he
first made the <font> Scotish </font> Queen privy to it ,
(THOWARD2-E2-P2,1,100.11)

and sent her a Double of it . (THOWARD2-E2-P2,1,100.12)

<font> Duke . </font> I sent it to the <font> Bishop of <font> Rosse
</font> . (THOWARD2-E2-P2,1,100.13)

<font> Serj. </font> All is one . (THOWARD2-E2-P2,1,100.14)

<font> Duke . </font> I confess it . (THOWARD2-E2-P2,1,100.15)

<font> Serj. </font> What should move my Lord of <font> Norfolk </font>
now so earnestly still to pursue this Marriage ?
(THOWARD2-E2-P2,1,100.16)

You see he liked not the Person , (THOWARD2-E2-P2,1,100.17)

she was not of good Fame , (THOWARD2-E2-P2,1,100.18)

he so signify'd to the Queen , (THOWARD2-E2-P2,1,100.19)

he so reported to <font> Bannister . </font> (THOWARD2-E2-P2,1,100.20)

The Kingdom of <font> Scotland </font> he esteem'd not ,
(THOWARD2-E2-P2,1,100.21)

and also it was out of her Possession , in the hands of the King her
Son , by her own Dimission ratify'd by Parliament .
(THOWARD2-E2-P2,1,100.22)

Forsooth he had an old blind Prophecy lying by him : <font> In
exaltatione Lunae Leo succumbet , & Leo cum Leone conjungetur , &
catuli eorum regnabunt </font> ; which belike is thus to be expounded ,
(THOWARD2-E2-P2,1,100.23)

<font> At the Exaltation of the Moon </font> <paren> which was the
Rising of the Earl of <font> Northumberland </font> , that giveth the
Moon </paren> the <font> Lion </font> <paren> which is the Queen's
Majesty </paren> <font> shall be overthrown </font> ;
(THOWARD2-E2-P2,1,100.24)

<font> then shall the Lion be join'd with a Lion </font> <paren> which
is the Duke of <font> Norfolk </font> with the <font> Scotish </font>
Queen , (THOWARD2-E2-P2,1,100.25)

for they both bear Lions in their Arms </paren>
(THOWARD2-E2-P2,1,100.26)

<font> and their Whelps shall reign </font> <paren>
(THOWARD2-E2-P2,1,100.27)

that is , their Posterity shall have the Kingdom </paren> .
(THOWARD2-E2-P2,1,100.28)

<font> Duke . </font> I do not remember any such Prophecy .
(THOWARD2-E2-P2,1,100.29)

<font> Serj. </font> It was in your own keeping .
(THOWARD2-E2-P2,1,100.30)

<font> Duke . </font> What should I do with it ?
(THOWARD2-E2-P2,1,100.31)

<font> Serj. </font> Such blind Prophecies have oft deceiv'd Noblemen .
(THOWARD2-E2-P2,1,100.32)

<font> Duke . </font> This is nothing to the purpose ;
(THOWARD2-E2-P2,1,100.33)

I kept it not to any such end . (THOWARD2-E2-P2,1,100.34)

<font> Serj. </font> You utter'd it to your Servant <font> Hickford .
</font> (THOWARD2-E2-P2,1,100.35)

Here was produced and read <font> Hickford </font> 's Testimony .
(THOWARD2-E2-P2,1,100.36)

<font> Duke . </font> A Toy ! (THOWARD2-E2-P2,1,100.37)

You see I call it a foolish Prophecy </font> .
(THOWARD2-E2-P2,1,100.38)

<font> Serj. </font> Where had you it ? (THOWARD2-E2-P2,1,100.39)

<font> Duke . </font> I remember it not . (THOWARD2-E2-P2,1,100.40)

<font> Serj. </font> Hitherto have you heard the Evidence to prove the
Duke's Imagination , Compassing , and Conspiracy , to deprive the
Queen's Majesty of the Crown and her Royal Estate , and so to bring her
Highness to Death and Destruction . (THOWARD2-E2-P2,1,100.41)

For proving this his Intent , you have heard those Matters prov'd , his
Practice to join himself in Marriage with the <font> Scotish </font>
Queen , whom he then well knew falsely to claim and pretend Title to
the present possession of the Crown of <font> England : </font> also
his prosecuting the same Marriage without the Queen's Majesty's
Knowledge , against her Highness's express Commandment upon his
Allegiance , against his Faith , Promise , and Submission ; yea , and
to pursue that with force , and to use the Advice and Strength of his
Friends , to maintain the same force against the Queen ; his hearkening
to blind Prophecies , Money by him lent to the <font> Scotish </font>
Queen , and against the Queen his Sovereign Lady .
(THOWARD2-E2-P2,1,100.42)

If then his Purpoose so were to pursue it with force , it must needs
follow , that the same must be of Intent , Imagination , and Compassing
, to deprive and depose the Queen's Majesty from her Crown , Royal
Estate , and Dignity , and to advance and maintain that false and
usurp'd Title of the <font> Scotish </font> Queen unto the present
possession of the Crown of <font> England </font> , and so consequently
, for maintenance of his Imagination and Purpose , to compass the
Queen's Majesty's Death and Destruction . (THOWARD2-E2-P2,1,100.43)

Now shall you further hear Proof of his own words , declaring the same
intent to pursue the Marriage by force , and rather to lose his Life
than give it over . (THOWARD2-E2-P2,1,100.44)

<heading>

Cavendish's <font> Deposition </font> (THOWARD2-E2-P2,1,100.46)

</heading>

That at his several Journies unto the Places of the Queen of <font>
Scots </font> Abode , the Duke procur'd him to labour the Cause of his
Marriage with her with all diligence . (THOWARD2-E2-P2,1,100.48)

<font> Item </font> , That her Majesty being at <font> Southampton ,
Richard Candish </font> , a certain Night walking in his Chamber , and
persuading him by all means to labour for the Queen's Favour concerning
that Marriage ; the Duke affirm'd that before he lost that Marriage he
would lose his Life : (THOWARD2-E2-P2,1,100.49)

and said moreover , that if ever he handled thing wisely or cunningly ,
I would say it was the Matter of that Marriage , if I knew it from the
beginning . (THOWARD2-E2-P2,1,100.50)

<font> Item </font> , That the Monday at night , after the Duke's
Departure from <font> Southampton , Richard Candish </font> being at
<font> Hayward-House </font> with him , in the Company of the Lord
<font> Lumley </font> , the Duke and the said Lord <font> Lumley
</font> talking secretly together , suddenly the Duke brake out into
this Speech : (THOWARD2-E2-P2,1,100.51)

<font> Candish </font> , quoth he , <font> is able to accuse me of no
disloyal Practices . </font> Whereat the Lord <font> Lumley </font> ,
as it were wondering , <font> Can he not indeed </font> , quoth he ?
(THOWARD2-E2-P2,1,100.52)

<font> No indeed </font> , quoth the Duke ; (THOWARD2-E2-P2,1,100.53)

and <P_101> turning to <font> Candish </font> , said , <font> Candish ,
I in this Case defy thee , (THOWARD2-E2-P2,101.54)

say thy worst . </font> To which <font> Candish </font> answer'd ,
<font> Besides the Practice of this Marriage , I truly can accuse you
of none . (THOWARD2-E2-P2,101.55)

Item </font> , The Duke , at another time , in the said House , ask'd
<font> Candish , If God take away the Queen's Majesty , whether he
could assure him of his Brother </font> Candish , <font> and procure
his said Brother to promise unto him Sir </font> Robert Ningfield ?
(THOWARD2-E2-P2,101.56)

<font> Item </font> , At his last being at <font> Remming-Hall </font>
, among many others talking , he had this Speech ;
(THOWARD2-E2-P2,101.57)

<font> Candish </font> <paren> quoth he </paren> <font> nothing will
undo us but the Rising of the </font> Northern <font> Lords </font> .
To whom I answered , <font> God forbid that any such thing should be ,
(THOWARD2-E2-P2,101.58)

for it will undo us all </font> ; whereat he replying , said , <font> I
fear they will rise . (THOWARD2-E2-P2,101.59)

Duke . </font> The Duke looking upon <font> Cavendish </font> with a
scornful and smiling Countenance , said , <font> You are an honest Man
! </font> (THOWARD2-E2-P2,101.60)

That which he saith of the Talk between him and me at <font>
Southampton </font> , is utterly false : (THOWARD2-E2-P2,101.61)

At that time you were most earnest on my part , (THOWARD2-E2-P2,101.62)

and came to me as for Succour , for that as you said your Cousin <font>
Christmas </font> was fallen out with you . (THOWARD2-E2-P2,101.63)

When we rode to my Lord of <font> Pembroke </font> 's , you came to me
(THOWARD2-E2-P2,101.64)

and told me , my Lord <font> Burleigh </font> findeth me well ,
(THOWARD2-E2-P2,101.65)

I will ride with him and find his Humour , (THOWARD2-E2-P2,101.66)

and I will face that Fellow thorowly ; (THOWARD2-E2-P2,101.67)

so from <font> Salisbury </font> you said you would ride to <font>
Leicester </font> , and so home with my Lord <font> Burleigh </font> ,
(THOWARD2-E2-P2,101.68)

and you doubted not to bring me such word from him as should satisfy me
. (THOWARD2-E2-P2,101.69)

You told me how my Lord of <font> Leicester </font> was firm , and Sir
<font> Nicholas Throckmorton </font> my sure Friend ; and that they
would both join to deal with the Queen for me ; and how Sir <font>
Nicholas Throckmorton </font> sent me word , That he doubted not the
Queen would take order to my Contentation at her next Coming to a staid
House . (THOWARD2-E2-P2,101.70)

Then came you to <font> London </font> , (THOWARD2-E2-P2,101.71)

and tho' I had no great Liking of you , yet because you were loth to
lie at <font> Arundel </font> 's , and were somewhat ill at ease , I
let you lie in my House . (THOWARD2-E2-P2,101.72)

I never made great account of you ; (THOWARD2-E2-P2,101.73)

my Lord of <font> Leicester </font> made us first acquainted ,
(THOWARD2-E2-P2,101.74)

your Brother you know was not my Friend . (THOWARD2-E2-P2,101.75)

I then took you as I now find you . (THOWARD2-E2-P2,101.76)

While you could hold on , you shew'd your Letters that you did write on
my behalf ; (THOWARD2-E2-P2,101.77)

then you came to me (THOWARD2-E2-P2,101.78)

and said , you had need , (THOWARD2-E2-P2,101.79)

and borrowed Money of me ; (THOWARD2-E2-P2,101.80)

I had none at that time , (THOWARD2-E2-P2,101.81)

but I sent it you by <font> Bowes </font> . (THOWARD2-E2-P2,101.82)

I was warned by divers of my Friends to take heed of you ;
(THOWARD2-E2-P2,101.83)

you dealt with <font> Dier </font> and with <font> Straunge </font>
very maliciously . (THOWARD2-E2-P2,101.84)

As for the Speech at <font> Remming-Hall </font> , that you speak of me
, it is untrue ; (THOWARD2-E2-P2,101.85)

I dealt not with you there about any such matter ;
(THOWARD2-E2-P2,101.86)

I left you at <font> London </font> , (THOWARD2-E2-P2,101.87)

I looked not for you ; (THOWARD2-E2-P2,101.88)

when you came , I was glad to be rid of you ; (THOWARD2-E2-P2,101.89)

you said you were going to <font> Norwich </font> ,
(THOWARD2-E2-P2,101.90)

and I was glad you were going , (THOWARD2-E2-P2,101.91)

and willed you to look at my House at <font> Norwich </font> , and tell
me how you liked it : (THOWARD2-E2-P2,101.92)

Out of the <font> North </font> I heard nothing in six Weeks before .
(THOWARD2-E2-P2,101.93)

You suddenly slipped away from me , (THOWARD2-E2-P2,101.94)

and then I came up to <font> London </font> ward ;
(THOWARD2-E2-P2,101.95)

you are an honest Man , indeed ! (THOWARD2-E2-P2,101.96)

It is all false that he hath said . (THOWARD2-E2-P2,101.97)

Then <font> Cavendish </font> began to report and justify what he had
said , and to put the Duke in remembrance , when the Duke gave him
reproachful words of Discredit . (THOWARD2-E2-P2,101.98)

<font> Serj. </font> He is sworn , (THOWARD2-E2-P2,101.99)

there needeth no more proving ; (THOWARD2-E2-P2,101.100)

you sent <font> Havers </font> to the Earl of <font> Westmoreland
</font> . (THOWARD2-E2-P2,101.101)

Then was alledged the Examination of one <font> Haveling </font>
touching <font> Havers </font> , whom the Duke sent to the Earl of
<font> Northumberland </font> , with this Message , <font> That if the
two Earls should rise , he were undone . </font>
(THOWARD2-E2-P2,101.102)

<font> Duke . </font> This may be seen of two years old , and by me
fully delivered and answered . (THOWARD2-E2-P2,101.103)

Then was read the Confession of <font> Havers </font> .
(THOWARD2-E2-P2,101.104)

Then was alledged a Letter of the <font> Scottish </font> Queen's in
Cipher to the Duke , containing , that the Lord of <font> Shrewsbury
</font> had told her , that the Earl of <font> Northumberland </font>
was deliver'd to the Earl of <font> Sussex </font> ; for which she was
very sorrowful three days together , for fear of cumbring of Friend if
he were taken . (THOWARD2-E2-P2,101.105)

<font> Serj. </font> What Friends was she so careful for , that she
wrote to the Duke , unless she thought it should light upon the Duke
himself ? (THOWARD2-E2-P2,101.106)

<font> Duke . </font> That Letter never came to my hands .
(THOWARD2-E2-P2,101.107)

<font> Serj. </font> It was found in the Bag which you willed to be
burned . (THOWARD2-E2-P2,101.108)

Then the said Letter was read . (THOWARD2-E2-P2,101.109)

<font> Duke . </font> All this is nothing to me .
(THOWARD2-E2-P2,101.110)

<font> Serj. </font> This proveth in you a Practice to the Rebellion ;
(THOWARD2-E2-P2,101.111)

for all her Sorrow of the yielding of the Earl of <font> Northumberland
</font> was , for fear he should bewray and cumber her Friends .
(THOWARD2-E2-P2,101.112)

<font> Duke . </font> That toucheth not me ; (THOWARD2-E2-P2,101.113)

for I am sure the Earl of <font> Northumberland </font> hath been
sought for me , (THOWARD2-E2-P2,101.114)

and yet he $can $not {TEXT:cannot} accuse me . (THOWARD2-E2-P2,101.115)

<font> Serj. </font> Had it not concerned you , it had not been written
to you . (THOWARD2-E2-P2,101.116)

<font> Duke . </font> Some Letters never came to my hands :
(THOWARD2-E2-P2,101.117)

sometime they came to the Bishop of <font> Rosse </font> , sometime to
<font> Bannister </font> , sometime not all deciphered ; as <font>
Straunge </font> and <font> Bowes </font> , and other that have been
Messengers for me , can tell . (THOWARD2-E2-P2,101.118)

Here Mr. <font> Attorney </font> began to prosecute the second part ,
(THOWARD2-E2-P2,101.119)

and spake first to this effect . (THOWARD2-E2-P2,101.120)

<font> Attorney . </font> Now you have heard enough of the first matter
. (THOWARD2-E2-P2,101.121)

In this Indictment are contained three principal Treasons , whereof the
first is imagining and conspiring the Deprivation , Death , and
Destruction of the Queen's Majesty : (THOWARD2-E2-P2,101.122)

for proof hereof , it hath been truly said , That to imagine , compass
, or procure the Deposing or Death of the Prince , is High-Treason by
the Statute of 25 <font> Edward </font> III . and at the Common-Law ;
(THOWARD2-E2-P2,101.123)

for the Statute is but a Declaration what was Treason at Common Law :
which Imagination , when it appeareth by Overt-fact , must needs be
judged Treason ; (THOWARD2-E2-P2,101.124)

for Overt-fact is but a shewing of a Man's mind , which when a Man by
outward Speech or Deed hath uttered , it must needs be judged that so
was his meaning ; which must be gathered by such means , as it may be
made to appear . (THOWARD2-E2-P2,101.125)

For no Traitor is so bold , to say expresly , he will depose or kill
the King ; (THOWARD2-E2-P2,101.126)

but often it hath been seen , that they go about indirectly , and by
means that tend to that End : (THOWARD2-E2-P2,101.127)

and therefore he that goeth about to stir the People to Rebellion , or
to levy War within the Realm , to assail or withstand the Prince by
Force , is taken to seek the Death of the Prince .
(THOWARD2-E2-P2,101.128)

Now therefore to prove that the Duke of <font> Norfolk </font> hath
imagined and compassed the Deposing and Death of the Queen's Majesty ,
this hath been shewed you : (THOWARD2-E2-P2,101.129)

first , by secret and indirect means , he sought to join himself in
Marriage with the <font> Scottish </font> Queen , who pretendeth Title
to the Queen's Crown . (THOWARD2-E2-P2,101.130)

This he did without the Queen's Majesty's privity , against her
Highness's express Commandment upon his Allegiance , against his own
Promise and Submission . (THOWARD2-E2-P2,101.131)

First , being at <font> York </font> , a Commissioner appointed by the
Queen , contrary to his Oath and Charge , he dealt undirectly and
partially , (THOWARD2-E2-P2,101.132)

and play'd an untrue part with the Queen ; (THOWARD2-E2-P2,101.133)

he secretly practised for the Marriage . (THOWARD2-E2-P2,101.134)

<P_102>

This being objected against him , he hath denied it :
(THOWARD2-E2-P2,102.136)

you have heard it testified by three Witnesses , the Earl of <font>
Murray , Ledington </font> , and the Bishop of <font> Rosse </font> .
(THOWARD2-E2-P2,102.137)

So it appeareth , that all that Practice and indirect Dealing was to
this end , to compasse the Deprivation and Death of the Queen's Majesty
; (THOWARD2-E2-P2,102.138)

for he well knew that the <font> Scottish </font> Queen made Title to
the present Possession of the Crown of <font> England </font> ; that
she denyed the Queen's Majesty to be lawful Queen of this Realm ; that
she usurped the Royal Style ; that she quartered the Arms of <font>
England </font> without any difference : (THOWARD2-E2-P2,102.139)

all this he knew , (THOWARD2-E2-P2,102.140)

he was of the Queen's Majesty's Privy Council at the same time ;
(THOWARD2-E2-P2,102.141)

he knew that she made no Renunciation of her unjust Claim , tho' it
were required of her . (THOWARD2-E2-P2,102.142)

It was also one Article in the Commission where he himself was
Commissioner , To require the Recognition of her Error , and of the
Queen's Majesty's present Right : (THOWARD2-E2-P2,102.143)

he knew well it was not done . (THOWARD2-E2-P2,102.144)

If the <font> Scottish </font> Queen claimed such present Title , then
was she no Friend to the Queen's Majesty , but a Seeker of her
Highness's Overthrow and Destruction : (THOWARD2-E2-P2,102.145)

and yet the Duke of <font> Norfolk </font> knowing this , practised to
compass this Marriage . (THOWARD2-E2-P2,102.146)

Wherefore , I pray you , sought he that Marriage ; yea , and sought it
as he meant to atchieve it with Force ? (THOWARD2-E2-P2,102.147)

It was not in respect of her Person , (THOWARD2-E2-P2,102.148)

for he knew her not ; (THOWARD2-E2-P2,102.149)

it could not be for any good Report of her virtuous Conditions ,
(THOWARD2-E2-P2,102.150)

for he had an evil Opinion of her : (THOWARD2-E2-P2,102.151)

he did by his writing certify against her , (THOWARD2-E2-P2,102.152)

he declared to <font> Bannister </font> that he thought very ill of her
. (THOWARD2-E2-P2,102.153)

It was not for her Title to the Kingdom of <font> Scotland </font> ,
(THOWARD2-E2-P2,102.154)

for neither was she possessed of it , (THOWARD2-E2-P2,102.155)

neither did he esteem it though she had it . (THOWARD2-E2-P2,102.156)

Wherefore sought he her then ? (THOWARD2-E2-P2,102.157)

Surely in respect of that unjust Claim and Title that she pretended to
the present Possession of the Crown of <font> England </font> ; which
Title $can $not {TEXT:cannot} be maintained without evident purpose to
depose the Queen's Majesty , and to bring her to Death and Destruction
, which is plain Treason by the Statute of 25 <font> Edward </font> III
. (THOWARD2-E2-P2,102.158)

for no more can <font> England </font> bear two Queens , than the World
can bear two Suns . (THOWARD2-E2-P2,102.159)

And how should we have maintained it , but with Force ?
(THOWARD2-E2-P2,102.160)

And how could that have been , without depriving of the Queen's Majesty
from the Royal Estate ? (THOWARD2-E2-P2,102.161)

And could that have been done , without compassing her Highness's Death
and Destruction ? (THOWARD2-E2-P2,102.162)

for the Jealousy of an Usurper $can $not {TEXT:cannot} suffer the just
Prince to live . (THOWARD2-E2-P2,102.163)

This your Honours are to search and consider , (THOWARD2-E2-P2,102.164)

and to your Judgments we refer it . (THOWARD2-E2-P2,102.165)

Now my Lord of <font> Norfolk </font> 's chief and only Answer is but
his bare Denial , which is no sufficient Answer ; specially sith he
himself hath fallen into so great discredit , by doing against his Word
, his Hand , his Oath . (THOWARD2-E2-P2,102.166)

He promised , being commanded upon his Allegiance , never to deal in
that matter ; (THOWARD2-E2-P2,102.167)

he promised , by his Submission under his own Hand , utterly to forsake
it , and to deal no more with the <font> Scottish </font> Queen for
that Marriage , nor any other matter : (THOWARD2-E2-P2,102.168)

He promised by Oath specially taken when he was Commissioner for
hearing the matter at <font> York </font> , to do therein directly and
indifferently without partiality . (THOWARD2-E2-P2,102.169)

All these Oaths and Promises he hath broken , beside the Oath of a
Counsellor which he hath also broken , in disclosing the Queen's
Secrets , and in secret practising against her express Commandment .
(THOWARD2-E2-P2,102.170)

Now also , since he was last apprehended and committed , he hath denyed
certain things , which he hath afterward , being constrained with
strength of proof , confessed ; (THOWARD2-E2-P2,102.171)

yea , he hath denyed those things upon his Oath , which he hath
afterward granted to be true : (THOWARD2-E2-P2,102.172)

so is he not to be believed upon his Word , if his own Word discredit
him , how great soever he be in Degree . (THOWARD2-E2-P2,102.173)

<font> Duke . </font> Upon the Statute of 25 <font> Edward </font> III.
he inferreth , that it is Treason to imagine or compass the Deprivation
and Death of the Queen's Majesty ; as the Lord forbid ,
(THOWARD2-E2-P2,102.174)

and I pray God I may sooner be buried in the Earth , than I should seek
or attempt any thing to the Destruction of her Majesty's Person .
(THOWARD2-E2-P2,102.175)

There is a Maxim in Law , that penal Statutes must be construed
strictly , and no penal Statute ought to be extended further than the
very words : (THOWARD2-E2-P2,102.176)

Now in all that my Accusers have deposed or said against me , how false
soever it be , there is not one of them that say I went about any hurt
to her Majesty's Person , or that I levied or practised to levy any
Power against her , or to do any of those things that are contained for
Treasons within the words of the Statute . (THOWARD2-E2-P2,102.177)

Is the Bishop of <font> Rosse </font> a sufficient Witness against me ?
(THOWARD2-E2-P2,102.178)

He is a Stranger and a <font> Scot </font> ; (THOWARD2-E2-P2,102.179)

a Stranger can be no sufficient Witness , let alone a <font> Scot :
</font> (THOWARD2-E2-P2,102.180)

for whereas when there is Peace between the Queen's Majesty and a
foreign Realm , the People of that foreign Realm may freely come and
traffick in this Realm ; (THOWARD2-E2-P2,102.181)

yet tho' there be a Peace between <font> England </font> and <font>
Scotland </font> , if a <font> Scot </font> come into <font> England
</font> without a Passport , he may be a lawful Prisoner .
(THOWARD2-E2-P2,102.182)

Again , I $can $not {TEXT:cannot} tell what he may for fear .
(THOWARD2-E2-P2,102.183)

<font> Bracton </font> saith , That Witnesses must be <font> Liberi
Homines </font> , Free Men , full Age , Honest , and of Good Report ;
(THOWARD2-E2-P2,102.184)

the Bishop of <font> Rosse </font> is none such .
(THOWARD2-E2-P2,102.185)

So is nothing proved of any Overt-fact against me ,
(THOWARD2-E2-P2,102.186)

neither am I accused by any but the Bishop of <font> Rosse </font> ,
who can be no sufficient Witness against me . (THOWARD2-E2-P2,102.187)

What care I what <font> Hamlin </font> says ? (THOWARD2-E2-P2,102.188)

It toucheth me not . (THOWARD2-E2-P2,102.189)

As for <font> Havers </font> , I never sent him with any such Message :
(THOWARD2-E2-P2,102.190)

indeed I asked him what Company he found with my Brother of <font>
Westmoreland </font> . (THOWARD2-E2-P2,102.191)

But as for my Lord of <font> Northumberland </font> , I sent not to him
. (THOWARD2-E2-P2,102.192)

If I might have brought forth my Proofs , I could have brought forth
Proofs of good fame , that I sent no such Message ;
(THOWARD2-E2-P2,102.193)

I could have proved it by Confessions , and not by Hearsay .
(THOWARD2-E2-P2,102.194)

So is only the Bishop of <font> Rosse </font> Witness against me ,
(THOWARD2-E2-P2,102.195)

and what he is , all you perceive . (THOWARD2-E2-P2,102.196)

I never heard of the Rebellion , till Sir <font> Henry Nevill </font>
told me of it . (THOWARD2-E2-P2,102.197)

If I had had such a mind when I was in <font> Norfolk </font> , I
needed not to have come hither ; (THOWARD2-E2-P2,102.198)

I could have made a shift well enough . (THOWARD2-E2-P2,102.199)

If I had intended any such Rebellion or Treason , I would not have put
my Lord of <font> Northumberland </font> in trust withal , nor yet my
Brother of <font> Westmoreland </font> , (THOWARD2-E2-P2,102.200)

nor would have come hither to put my Head in the Halter in the <font>
Tower : </font> (THOWARD2-E2-P2,102.201)

but being as I was , in such place where I might have shifted , I would
have kept me from coming here well enough . (THOWARD2-E2-P2,102.202)

If Fear had moved me , and that I doubted of mine own Case , I could
easily have avoided . (THOWARD2-E2-P2,102.203)

So , I say , to prove me guilty of Treason , you must shew some
Overt-fact that I have done against her Majesty's Person :
(THOWARD2-E2-P2,102.204)

And to the Witnesses , I think I have said sufficiently .
(THOWARD2-E2-P2,102.205)

As touching my dealing with the <font> Scottish </font> Queen , so far
as I dealt without compass of Treason , this I say for my meaner Faults
, inferior to Treason , (THOWARD2-E2-P2,102.206)

I have with Repentance and Humility submitted my self to the Queen's
Majesty , (THOWARD2-E2-P2,102.207)

I beseech you confound not those with this Case :
(THOWARD2-E2-P2,102.208)

but in my dealing with her about Marriage , I pray you draw it not to
such Intention , to advance her Title against the Queen ; because ,
tho' she once made such Claim , yet considering what Amity hath since
been between the Queen and her , to make her now an Enemy , is hard ;
(THOWARD2-E2-P2,102.209)

and surely to marry her , tho' I <P_103> treated of it , I never
concluded , minded , nor intended . (THOWARD2-E2-P2,103.210)

Where $it $'s {TEXT:it's} said I was privy to the Device of her taking
away , I utterly deny it . (THOWARD2-E2-P2,103.211)

If I had been so , I would not have been against her ,
(THOWARD2-E2-P2,103.212)

nor would have certified against her ; (THOWARD2-E2-P2,103.213)

I ever advised her to submit her self to the Queen's Majesty :
(THOWARD2-E2-P2,103.214)

but when no Overt-Fact of Treason can be proved against me , to bring
me in thus by Arguments and Circumstances , I think it very hard .
(THOWARD2-E2-P2,103.215)

If I should have stolen her away , I could not do it alone :
(THOWARD2-E2-P2,103.216)

was I so destitute of Friends , that I could not make any Man privy to
it ? (THOWARD2-E2-P2,103.217)

And who is there that accuseth me of it , that may spend five Marks a
year ? (THOWARD2-E2-P2,103.218)

Now sith nothing is proved against me by any Witness sufficient , I
beseech you consider favourably of me . (THOWARD2-E2-P2,103.219)

Indeed my Brother of <font> Westmoreland </font> sent me his Man with
Recommendations ; (THOWARD2-E2-P2,103.220)

and I sent him , by his Man , a Ring which my Sister had sent me before
; and also <font> Havers </font> with this Message , <font> Commend me
to my Brother of </font> Westmoreland , (THOWARD2-E2-P2,103.221)

<font> and tell him that I am well , (THOWARD2-E2-P2,103.222)

mine Innocency shall deliver me : </font> (THOWARD2-E2-P2,103.223)

but nothing touching any Rising at all . (THOWARD2-E2-P2,103.224)

If ever I were privy to that Rebellion , then condemn me of all the
Treasons that you lay against me . (THOWARD2-E2-P2,103.225)

<font> Attorney . </font> My Lord and I are now at issue upon this
point ; (THOWARD2-E2-P2,103.226)

I affirm it with Proofs , (THOWARD2-E2-P2,103.227)

and his Lordship barely denieth it . (THOWARD2-E2-P2,103.228)

If his Intent were to compass the Marriage , knowing her to pretend
Title of the present Possession of the Crown ; then must this grow to
an Imagining to depose the Queen , (THOWARD2-E2-P2,103.229)

and then it is Treason . (THOWARD2-E2-P2,103.230)

An Overt-fact is a Declaration of the Mind ; (THOWARD2-E2-P2,103.231)

Letters , Tokens , Speeches , Messages , and such like , be Overt-facts
. (THOWARD2-E2-P2,103.232)

Now if you had married her , you must have maintained her pretended
Title , which you could not have done without manifest Purpose and
Compassing to depose the Queen , and to bring her to Death , which is
High-Treason . (THOWARD2-E2-P2,103.233)

Now beside , there is one other Fact , which I will give you in
Evidence ; which most evidently proveth the Duke of <font> Norfolk
</font> 's Imagination and Compassing to depose and destroy the Queen .
(THOWARD2-E2-P2,103.234)

It is well known that <font> Pius </font> V. the Bishop of <font> Rome
</font> , is the Queen's Majesty's notorious Enemy ,
(THOWARD2-E2-P2,103.235)

he hath been so published ; (THOWARD2-E2-P2,103.236)

he hath so shewed himself in his proceedings ; (THOWARD2-E2-P2,103.237)

he hath shewed it in his Bulls , (THOWARD2-E2-P2,103.238)

they have been brought into this Realm , (THOWARD2-E2-P2,103.239)

and some have suffered for them . (THOWARD2-E2-P2,103.240)

The Duke of <font> Norfolk </font> knowing it to be so , hath practised
with his Factor , (THOWARD2-E2-P2,103.241)

hath sent unto the Pope for Aid and Force against the Queen :
(THOWARD2-E2-P2,103.242)

he conferred with one <font> Rodolph </font> a Merchant Stranger , to
go over the Sea to the Duke of <font> Alva </font> , and to the Pope ,
in the Name of the <font> Scotish </font> Queen and the Duke of <font>
Norfolk </font> , to procure Power to invade this Realm , for the
Advancement of the <font> Scotish </font> Queen's false Title to the
Crown of this Realm of <font> England </font> ;
(THOWARD2-E2-P2,103.243)

and in the mean time , the Duke promised to move her Friends to levy
such Power as they were able , to assist the Strangers when they came
in . (THOWARD2-E2-P2,103.244)

If this be proved unto you , then is it flat Treason .
(THOWARD2-E2-P2,103.245)

To use Force against her Majesty in her own Realm , must needs be done
with intent to depose her , which Force she must needs resist ; which
if she be not able to do , then followeth her Death and Destruction .
(THOWARD2-E2-P2,103.246)

My Lords , here goeth still all to one manner of purpose , his own bare
denial , and allowing of no sufficient Witness ;
(THOWARD2-E2-P2,103.247)

but here God himself shall be Witness : (THOWARD2-E2-P2,103.248)

this is a matter opened by God himself . (THOWARD2-E2-P2,103.249)

It was known , that a Treason was in hand ; (THOWARD2-E2-P2,103.250)

many Searches were made to understand it , (THOWARD2-E2-P2,103.251)

no Man could by any Travel find it out , till God himself opened it ;
so as the Saying is fulfilled , <font> What is done in secret shall be
made open . </font> (THOWARD2-E2-P2,103.252)

The Treasons my Lords of the Council knew of ; (THOWARD2-E2-P2,103.253)

it appeared in <font> April </font> last , that such a Treason was ;
(THOWARD2-E2-P2,103.254)

but whom it toucheth was not known to them , no not to him that opened
it . (THOWARD2-E2-P2,103.255)

So as God hath opened it , to affirm these mean Men to be of credit .
The Treason being known to the Privy-Council half a year together , yet
could they not understand the Party , till God disclosed it by
marvellous chance . (THOWARD2-E2-P2,103.256)

In <font> August </font> last there was six hundred Pound of Money
prepared to be sent with Letters into <font> Scotland </font> to the
Queen's Enemies , for their Relief and Maintenance , and by the Duke of
<font> Norfolk </font> 's appointment to be conveyed to his Man <font>
Bannister </font> , and so into <font> Scotland </font> .
(THOWARD2-E2-P2,103.257)

This Money was delivered to one <font> Browne </font> of <font>
Shrewsbury </font> , by one of the Duke's Servants , one <font>
Hickford </font> ; who said to <font> Browne , Here is l .
(THOWARD2-E2-P2,103.258)

I pray you help that it be conveyed to Mr. </font> Bannister's <font>
Dwelling near </font> Shrewsbury . (THOWARD2-E2-P2,103.259)

<font> Browne </font> having received the Money , tho' the Bulk was
somewhat like the proportion of <font> l. </font> in Silver , yet the
Weight , by reason it was Gold , made him suspect it : whereupon he
went to one of the Queen's Privy-Council , and disclosed his Suspicion
, that so he might learn what he carried . (THOWARD2-E2-P2,103.260)

This Bag being opened , there was found <font> l. </font> in Gold , and
certain Letters withal , to the Queen's Enemies , and to <font>
Bannister : </font> Whereupon the Duke's Man , that sent the Money ,
was apprehended ; (THOWARD2-E2-P2,103.261)

and then , by God's good Providence , was it found that this Treason
touched the Duke of <font> Norfolk </font> , under Name and Cipher of
<font> Quarante </font> , (THOWARD2-E2-P2,103.262)

and another Nobleman was signified by the Cipher of 3 <font> Trente
</font> . (THOWARD2-E2-P2,103.263)

Then fell out new Matters : (THOWARD2-E2-P2,103.264)

Certain of the Duke's Servants examined , whether they knew of any
Cipher used to any Man by the Name <font> Quarante </font> , they
confessed that <font> Quarante </font> was the Duke of <font> Norfolk
</font> ; (THOWARD2-E2-P2,103.265)

they were kept in several Places , the Bishop also a Prisoner in a
place several from them all , (THOWARD2-E2-P2,103.266)

and yet they all agreed in one . (THOWARD2-E2-P2,103.267)

So God's Work hath enforced their Credit by their Agreement , being
severally kept . (THOWARD2-E2-P2,103.268)

Thus came it to light by God's own Work . (THOWARD2-E2-P2,103.269)

Now see what the Cause was : (THOWARD2-E2-P2,103.270)

The great Treason was contained in Letters written in Cipher , to one
signified by the Number <font> Quarante </font> ;
(THOWARD2-E2-P2,103.271)

this <font> Quarante </font> was for the Duke ,
(THOWARD2-E2-P2,103.272)

and so the Duke confesseth . (THOWARD2-E2-P2,103.273)

What Cause had they to suspect him ? (THOWARD2-E2-P2,103.274)

Letters from <font> Rodolph </font> made mention of great Treason , and
of Provision of Men from beyond the Seas , to invade this Realm ,
according to his Order and Request , who was meant by <font> Quarante
</font> . (THOWARD2-E2-P2,103.275)

If then we shall prove unto you that <font> Rodolph </font> had this
Message and Commission from the <font> Scotish </font> Queen and the
Duke of <font> Norfolk </font> , to treat with the Pope , King <font>
Philip </font> and the Duke of <font> Alva </font> , for the bringing
in of ten thousand Men to invade <font> England </font> , and to make
War against the Queen in her own Realm ; there must needs be compassing
to depose the Queen , and to bring her to Death , and for High-Treason
: (THOWARD2-E2-P2,103.276)

For he that will levy Force to invade or make War in a Prince's Realm ,
and that in Maintenance of a Title to the present enjoying of the Crown
, doth what he can to depose the Prince , (THOWARD2-E2-P2,103.277)

and consequently also doth what he can to destroy the Prince .
(THOWARD2-E2-P2,103.278)

Now to prove that the Duke of <font> Norfolk </font> dealt in this
manner , sent this Message , and practised to bring in this Force of
Strangers , and to levy War against the Queen within the Realm , it
shall be good first to shew what manner of Man this <P_104> <font>
Rodolph </font> was : (THOWARD2-E2-P2,104.279)

He was one that lived divers Years here in this Realm , a notable
Traitor and Enemy to the Queen and Realm of <font> England </font> ,
and of long time the Pope's Factor . (THOWARD2-E2-P2,104.280)

In the Duke's first Trouble , this <font> Rodolph </font> was suspected
of such Practices , and therefore by the Council committed to the
Custody of Mr. <font> Walsingham </font> till <font> October </font>
was Twelve-month ; (THOWARD2-E2-P2,104.281)

and for that no evident Matter appeared , he was delivered again in the
<font> November </font> following : (THOWARD2-E2-P2,104.282)

So soon as he was delivered , he by and by opened to the Bishop of
<font> Rosse </font> , That he was Factor for the Pope ;
(THOWARD2-E2-P2,104.283)

he shewed him his Commission , and sundry Letters written to him by the
Pope's Nuncio in <font> France </font> , about Matters of the Practice
a long time . (THOWARD2-E2-P2,104.284)

This <font> Rodolph </font> was well known to the <font> Scotish
</font> Queen , the Pope himself and his Nuncio recommending him to the
<font> Scotish </font> Queen : (THOWARD2-E2-P2,104.285)

The Duke was made privy of it , (THOWARD2-E2-P2,104.286)

and made him privy to his dealings , (THOWARD2-E2-P2,104.287)

and kept it secret from the Queen and her Council .
(THOWARD2-E2-P2,104.288)

When the Bull was brought over , that <font> Felton </font> died for ,
this <font> Rodolph </font> had six Copies of it , and dispersed them ;
whereof he gave one to the Bishop of <font> Rosse </font> , one other
to the <font> Spanish </font> Embassador , and the third to the <font>
French </font> Embassador , (THOWARD2-E2-P2,104.289)

and the rest we know not what he did with them .
(THOWARD2-E2-P2,104.290)

Now the Duke knowing him to be such a one , he was a fit Man to deal
with . (THOWARD2-E2-P2,104.291)

That he was such a one , and that the Duke well knew it , and sent him
in Message to the Duke of <font> Alva </font> , and to the Pope , you
shall see plainly proved . (THOWARD2-E2-P2,104.292)

Then what his Message was , you shall see also disclosed , and how
things hidden will , by God's Providence , come to light .
(THOWARD2-E2-P2,104.293)

The Letters were written in Cipher , and decipher'd , and the Cipher
hid in the Tiles , and found by chance ; so as it may appear God's own
Work to open these Treasons . (THOWARD2-E2-P2,104.294)

Here the Duke took exception to his saying , that the Cipher was found
in the Tiles ; (THOWARD2-E2-P2,104.295)

and said , it was not the Cipher that was found there , but the
Alphabet : (THOWARD2-E2-P2,104.296)

so the Duke always in his Speech called the Letters or Matter written
in strange Characters , the Cipher ; (THOWARD2-E2-P2,104.297)

and the Paper of the Characters themselves he called the Alphabet ,
which Mr. Attorney usually called the Cipher . (THOWARD2-E2-P2,104.298)

Then was read the Bishop of <font> Rosse </font> 's confession the 3d
of <font> November </font> , to the 5th Article .
(THOWARD2-E2-P2,104.299)

Also <font> Rosse </font> 's Confession ad 7 Artic. litera 6.
(THOWARD2-E2-P2,104.300)

Also his Confession the last of <font> October </font> , Article 23 .
(THOWARD2-E2-P2,104.301)

All this the Duke denied , (THOWARD2-E2-P2,104.302)

and said , I never saw any Letters from the Pope , but one , which I
will speak of anon . (THOWARD2-E2-P2,104.303)

Then was read the Bishop of <font> Rosse </font> to the 6th , 7th , and
8th , making mention of a Pacquet , wherein was one Letter to the Duke
, by the Title of <font> Quarante </font> . (THOWARD2-E2-P2,104.304)

Then was read the Bishop of <font> Rosse </font> 's Confession , 26th
of <font> October </font> , Fo. 2. concerning <font> Andrew Beton
</font> 's coming . (THOWARD2-E2-P2,104.305)

<font> Attorney . </font> The Duke had these deciphered ,
(THOWARD2-E2-P2,104.306)

and read them . (THOWARD2-E2-P2,104.307)

Then was read <font> Barker </font> 's Confession 6th of <font>
November </font> , Article 3. (THOWARD2-E2-P2,104.308)

<font> Attorney . </font> Thus plainly appeareth , that the Duke was
privy to these Messages to the Pope , and Conference with his Factor :
(THOWARD2-E2-P2,104.309)

Now it resteth to understand what followeth of this Course begun with
<font> Rodoloph </font> the Pope's Factor ; what Messages were sent ;
what Practices devis'd ; and what ensued . (THOWARD2-E2-P2,104.310)

Upon this Letter , the <font> Scotish </font> Queen wrote a Letter to
the Bishop of <font> Rosse </font> , wherein she wrote back a Discourse
of her Estate and Device , what she thought best to be done , referring
all to the Direction of the Duke of <font> Norfolk </font> .
(THOWARD2-E2-P2,104.311)

Here is the Letter itself to be seen . (THOWARD2-E2-P2,104.312)

This Letter came to the Bishop of <font> Rosse </font> ;
(THOWARD2-E2-P2,104.313)

he sent it over to the Duke , with a Letter from the <font> Scotish
</font> Queen to the Duke . (THOWARD2-E2-P2,104.314)

This Letter was deciphered , and found hidden in the Duke's House under
the Mats in an Entry , in the Way as the Duke went to his Bed-chamber ;
(THOWARD2-E2-P2,104.315)

the Cipher it self was found in the Tiles of the House .
(THOWARD2-E2-P2,104.316)

This plainly declareth , how the Duke in dealing with the <font>
Scotish </font> Queen and the Pope , pursued his Purpose of advancing
the <font> Scotish </font> Queen to the Crown of <font> England :
</font> That the <font> Scotish </font> Queen was in practice for it
with the Pope , and referred the Dispatch of <font> Rodolph </font> to
the Duke ; (THOWARD2-E2-P2,104.317)

and the Receipt of those Letters is confessed by <font> Hickford
</font> , and by the Duke himself . (THOWARD2-E2-P2,104.318)

Here was read the Letter of the <font> Scotish </font> Queen to the
Bishop of <font> Rosse </font> . (THOWARD2-E2-P2,104.319)

<font> Attorney . </font> By this Letter appeareth , how the <font>
Scotish </font> Queen hath set out the whole Plot of the Treason :
(THOWARD2-E2-P2,104.320)

A Message should be sent for Aid from foreign parts ;
(THOWARD2-E2-P2,104.321)

<font> Rodolph </font> the fittest Man to be the Messenger ;
(THOWARD2-E2-P2,104.322)

and that <font> Rodolph </font> should be dispatched to go about it ,
when the Duke of <font> Norfolk </font> would .
(THOWARD2-E2-P2,104.323)

The Device was to move King <font> Philip </font> for Aid , upon a
Consideration of her State here , to enter into Deliberation of the
Time and Opportunities to set her Friends to Field , and to seize
themselves of her . (THOWARD2-E2-P2,104.324)

This is confessed by <font> Hickford </font> ; (THOWARD2-E2-P2,104.325)

and this Letter is also confessed by the Duke himself , that he
received it about <font> January </font> was Twelve-month , and it was
hid under the Matts . (THOWARD2-E2-P2,104.326)

<font> Duke . </font> I bid that the Letter should be burnt .
(THOWARD2-E2-P2,104.327)

<font> Attorney . </font> God would not have it so ; but that it should
remain for disclosing the Matter . (THOWARD2-E2-P2,104.328)

<font> Duke . </font> As touching <font> Rodolph </font> , what Manner
of Man he was , is no matter to me : (THOWARD2-E2-P2,104.329)

I know of no more , nor am to be charged with no more than I my self am
privy to . (THOWARD2-E2-P2,104.330)

I never dealt with him about any Cause of mine .
(THOWARD2-E2-P2,104.331)

I received no such Letter , but that which <font> Barker </font> said
came from him , which was not that of <font> January </font> that you
speak of , about two years ago ; (THOWARD2-E2-P2,104.332)

and as for Instructions and Letters about that <font> January </font>
was Twelve-month , I received none . (THOWARD2-E2-P2,104.333)

<font> Burleigh . </font> Here the Lord <font> Burleigh </font> said to
Mr. Attorney , You may mistake , it was this time Twelve-month ,
(THOWARD2-E2-P2,104.334)

for now we are in <font> January </font> . (THOWARD2-E2-P2,104.335)

And so Mr. Attorney remembring this present Month to be <font> January
</font> , referred the Letter to <font> January </font> now a Year past
; (THOWARD2-E2-P2,104.336)

and said , This Letter that I now charged you with , came to your hands
at this <font> January </font> was Twelve-month :
(THOWARD2-E2-P2,104.337)

It came first to the <font> Scotish </font> Queen's hand ;
(THOWARD2-E2-P2,104.338)

she took occasion upon considering her own Case here in <font> England
</font> , in <font> France </font> , and in her own Country , that it
was best for her to cleave unto <font> Spain </font> .
(THOWARD2-E2-P2,104.339)

She wrote to the Bishop of <font> Rosse </font> her Discourse to that
end : (THOWARD2-E2-P2,104.340)

She counted <font> Rodolph </font> the fittest Messenger ;
(THOWARD2-E2-P2,104.341)

Matter was devised for his Instructions ; (THOWARD2-E2-P2,104.342)

she referred the Dispatch wholly to the Duke of <font> Norfolk </font>
; (THOWARD2-E2-P2,104.343)

the Duke dealt in it , (THOWARD2-E2-P2,104.344)

his Message appeareth . (THOWARD2-E2-P2,104.345)

And thus it continued till <font> March </font> ;
(THOWARD2-E2-P2,104.346)

and then , according to the Plot before laid , <font> Rodolph </font>
was dispatched , (THOWARD2-E2-P2,104.347)

and went over indeed . (THOWARD2-E2-P2,104.348)

<P_105>

<font> Duke . </font> What was deliver'd to <font> Barker </font> , I
know not ; (THOWARD2-E2-P2,105.350)

that is nothing to me : (THOWARD2-E2-P2,105.351)

I am sure they will not say they deliver'd it me , nor that I receiv'd
any such Letters or Instructions . (THOWARD2-E2-P2,105.352)

This I say , (THOWARD2-E2-P2,105.353)

the Bishop sent me a Letter of the <font> Scotish </font> Queen's ,
together with a Letter of his own : (THOWARD2-E2-P2,105.354)

In her Letter she complaineth of her own Subjects ,
(THOWARD2-E2-P2,105.355)

and saith , she will seek other Means for her Relief .
(THOWARD2-E2-P2,105.356)

This Letter was decypher'd ; (THOWARD2-E2-P2,105.357)

I mislik'd the Device , (THOWARD2-E2-P2,105.358)

and bad that the Letter should be burn'd ; (THOWARD2-E2-P2,105.359)

so the Letter in Cypher was burned , (THOWARD2-E2-P2,105.360)

and the Alphabet was sav'd . (THOWARD2-E2-P2,105.361)

I sent word that I mislik'd all those Devices ,
(THOWARD2-E2-P2,105.362)

and I advis'd the <font> Scotish </font> Queen to depend only upon the
Queen's Majesty , (THOWARD2-E2-P2,105.363)

or else , if she would take any other Cause , both I , and all other
her Friends in <font> England </font> , would give her over ;
(THOWARD2-E2-P2,105.364)

and thereupon it was that I said , that the Queen , if she fell to such
Practices , would publish her Letters and Doings to her Infamy . Upon
which my Words , the Bishop of <font> Rosse </font> excus'd himself ,
and laid all this Matter , of this new Device , to <font> Beyton
</font> and <font> Rowley </font> . (THOWARD2-E2-P2,105.365)

It is not true that <font> Barker </font> made me privy to any such
Message or Instructions , as hath been alledg'd .
(THOWARD2-E2-P2,105.366)

Also he is not to be allow'd for a Witness against me ,
(THOWARD2-E2-P2,105.367)

for he hath confessed Treason against himself ;
(THOWARD2-E2-P2,105.368)

and Persons outlaw'd or attainted of Treason , are no sufficient
Witnesses . (THOWARD2-E2-P2,105.369)

<font> Catlin . </font> My Lord , there is none of these Witnesses ,
that have declar'd Matter against you , outlaw'd , or attainted of
Treason , or yet indicted . (THOWARD2-E2-P2,105.370)

<font> Duke . </font> They are worse ; (THOWARD2-E2-P2,105.371)

for they have confessed Treason . (THOWARD2-E2-P2,105.372)

<font> Attorney . </font> The Bishop of <font> Rosse </font> , at this
time , was in Custody , (THOWARD2-E2-P2,105.373)

and these Men also that have confess'd against you , were also kept in
Custody , kept asunder in several Places , and severally examin'd , ,
agreed all in one , (THOWARD2-E2-P2,105.374)

and your own Confessions agree with them : (THOWARD2-E2-P2,105.375)

How can this be imagin'd and false ? (THOWARD2-E2-P2,105.376)

All these do testify it with one Consent . (THOWARD2-E2-P2,105.377)

The Bishop of <font> Rosse </font> , when he first came to the City ,
was examin'd of these things , (THOWARD2-E2-P2,105.378)

he deny'd all , (THOWARD2-E2-P2,105.379)

he stood in it earnestly ; (THOWARD2-E2-P2,105.380)

when questions were asked him , he said , He was an Embassador , and
not so to be dealt with , but to be referr'd to his own Mistress the
<font> Scotish </font> Queen . (THOWARD2-E2-P2,105.381)

When he was committed to the <font> Tower </font> , and there again
examin'd , seeing things confess'd already ; and by the manner of the
Questions that were ask'd , perceiving some Light that the Truth was
known ; then he confessed also , (THOWARD2-E2-P2,105.382)

and in his Confession doth agree fully with <font> Barker </font> and
the rest : which Consent could not possibly be , if the Matter were not
true ; (THOWARD2-E2-P2,105.383)

besides that , he hath in his Confession touch'd himself .
(THOWARD2-E2-P2,105.384)

<font> Duke . </font> They have not agreed in Confession against me ,
that I told them any such thing ; (THOWARD2-E2-P2,105.385)

but one of them told another , (THOWARD2-E2-P2,105.386)

and so from hand to hand it went among them . (THOWARD2-E2-P2,105.387)

<font> Attorney . </font> Well , you see what is confess'd , and with
what Consent we are at Issue ; (THOWARD2-E2-P2,105.388)

here is but your Lordship's Denial ; (THOWARD2-E2-P2,105.389)

I leave it to my Lords here to consider of the Proofs .
(THOWARD2-E2-P2,105.390)

If you had been a good Subject , being then a Prisoner in your own
House , when such dangerous Matter came to your Understanding , you
would have open'd it , that the Queen's Majesty and her Council might
have provided to withstand them , (THOWARD2-E2-P2,105.391)

but you did it not . (THOWARD2-E2-P2,105.392)

The Duke of <font> Norfolk </font> found flat Treason intended ;
(THOWARD2-E2-P2,105.393)

<font> Rodolph </font> was the Messenger that procured it ;
(THOWARD2-E2-P2,105.394)

the Duke knew it ; (THOWARD2-E2-P2,105.395)

<font> Rodolph </font> was referr'd to the Duke's Dispatch , upon the
Conference of the Bishop of <font> Rosse </font> and <font> Rodolph
</font> about the Matter , and the <font> Scotish </font> Queen's
Willingness to have him sent about the Matter .
(THOWARD2-E2-P2,105.396)

Thus it proceeded : (THOWARD2-E2-P2,105.397)

It was agreed that <font> Rodolph </font> should have his Message in
Writing ; (THOWARD2-E2-P2,105.398)

and at the same Conference , <font> Barker </font> being also among
them , it was agreed , and set down in his Instructions , that his
Message should be this : (THOWARD2-E2-P2,105.399)

He should go to the Pope and the King of <font> Spain </font> , in the
Name of the <font> Scotish </font> Queen and of the Duke of <font>
Norfolk </font> , to require of them Money and Men for their Enterprize
. (THOWARD2-E2-P2,105.400)

<font> Rodolph </font> requir'd to speak with the Duke :
(THOWARD2-E2-P2,105.401)

<font> Barker </font> brought him to the Duke at <font> Howard-House
</font> ; (THOWARD2-E2-P2,105.402)

there they talk'd together , the Duke and <font> Rodolph </font> a
whole Hour , till it was nine of the Clock at Night .
(THOWARD2-E2-P2,105.403)

After this Talk , the Duke deliver'd to <font> Barker </font> a Paper ,
saying , that <font> Rodolph </font> left it with him ; which Paper
contain'd the Sum of the Treason , (THOWARD2-E2-P2,105.404)

and therein was also a Paper of the Names of divers Noblemen , Knights
, and Gentlemen in Cipher , whom they counted that they would take the
Duke's part , (THOWARD2-E2-P2,105.405)

but they counted without their Host ; so that there was for every Name
a Cipher , of the which was for the Duke , and for the Lord <font>
Lumley . (THOWARD2-E2-P2,105.406)

Barker </font> receiv'd it of the Duke , (THOWARD2-E2-P2,105.407)

and deliver'd it again to <font> Rodolph </font> .
(THOWARD2-E2-P2,105.408)

Upon this Cipher of , fell out the understanding of the Treason .
(THOWARD2-E2-P2,105.409)

Here was read <font> Barker </font> 's Deposition , <font> October
</font> , Interr. 8. (THOWARD2-E2-P2,105.410)

<font> Item , Barker </font> to the 22 Interr. (THOWARD2-E2-P2,105.411)

<font> Attorney . </font> In this Bill the Duke is proved to be ,
(THOWARD2-E2-P2,105.412)

the Duke himself hath also confess'd that standeth for his own Name .
(THOWARD2-E2-P2,105.413)

<font> Barker </font> brought <font> Rodolph </font> to the Duke ,
which the Duke also confess'd , and that <font> Barker </font> brought
him Instructions for <font> Rodolph </font> 's Money .
(THOWARD2-E2-P2,105.414)

Here Mr. Treasurer and Mr. Chancellor of the Exchequer , sworn , did
testify that <font> Barker </font> made all these Confessions freely ,
without Compulsion . (THOWARD2-E2-P2,105.415)

Also Mr. <font> Wilson </font> , sworn , did testify the same ; and
that <font> Barker </font> was never offer'd Torture , nor was once in
the Prison where the Rack was : (THOWARD2-E2-P2,105.416)

but the Duke said <font> Barker </font> saw where his Fellow had been .
(THOWARD2-E2-P2,105.417)

<font> Attorney . </font> Did not <font> Barker </font> bring <font>
Rodolph </font> to you at nine of the Clock at Night ?
(THOWARD2-E2-P2,105.418)

Did he not leave with you Instructions in <font> French ?
(THOWARD2-E2-P2,105.419)

Duke . </font> I confess it . (THOWARD2-E2-P2,105.420)

Then was read <font> Barker </font> to the 16th .
(THOWARD2-E2-P2,105.421)

<font> Attorney . Barker </font> came also the second time to the Duke
; (THOWARD2-E2-P2,105.422)

after he was come from the Duke , he said to <font> Barker </font> ,
That the Duke and he were agreed of his Journey , and that the Duke
pray'd him to depart with speed . (THOWARD2-E2-P2,105.423)

This Message was to procure Men and Money for the Enterprize of the
Treason ; (THOWARD2-E2-P2,105.424)

and on this Message the Duke dispatch'd him . (THOWARD2-E2-P2,105.425)

<font> Duke . </font> Touching <font> Rodolph </font> 's coming , I
have indeed confess'd that he came to me . (THOWARD2-E2-P2,105.426)

I was in Summer was Twelve-Month bound in Recognizance for <font> l.
</font> to <font> Rodolph </font> , for my Lord of <font> Arundel
</font> , and for my Brother <font> Lumley </font> ;
(THOWARD2-E2-P2,105.427)

the Day was pass'd whereby I stood in danger of my Recognizance .
(THOWARD2-E2-P2,105.428)

I sent to <font> Rodolph </font> to intreat him to cancel my
Recognizance , (THOWARD2-E2-P2,105.429)

and I offer'd to give him twenty Yards of Velvet ;
(THOWARD2-E2-P2,105.430)

<font> Rodolph </font> would not be persuaded ,
(THOWARD2-E2-P2,105.431)

but desired to speak with me himself , which <font> Barker </font>
reported to me . (THOWARD2-E2-P2,105.432)

I was very loth that he should come to me , (THOWARD2-E2-P2,105.433)

for he was in Trouble at my last Trouble , (THOWARD2-E2-P2,105.434)

and so I thought his coming to me would be suspicious .
(THOWARD2-E2-P2,105.435)

<P_106>

<font> Barker </font> promis'd that he would bring him to me secretly ,
and at such a time as it should not be known to make any Suspicion .
(THOWARD2-E2-P2,106.437)

So <font> Rodolph </font> came to me , (THOWARD2-E2-P2,106.438)

and I did what I could to intreat him about my Recognizance ,
(THOWARD2-E2-P2,106.439)

and I could not persuade him more , than {I_persuaded_him} to promise
that he would not sue me . (THOWARD2-E2-P2,106.440)

He told me of his Trouble and of his Imprisonment at Mr. <font>
Walsingham </font> 's , and what Words Mr. <font> Walsingham </font>
gave unto him , also of the <font> Scotish </font> Queen ; and that he
should deal with the Duke of <font> Alva </font> for Money for her to
her own use , and for Necessaries , as he had done before .
(THOWARD2-E2-P2,106.441)

He pray'd also my Letters in the <font> Scotish </font> Queen's favour
to the Duke of <font> Alva : </font> (THOWARD2-E2-P2,106.442)

I began to mislike him , (THOWARD2-E2-P2,106.443)

and was loth to write ; (THOWARD2-E2-P2,106.444)

I sought ways to shift me from him ; (THOWARD2-E2-P2,106.445)

I said I was not well at ease ; I could not write , and it was late ,
and so I would not deal . (THOWARD2-E2-P2,106.446)

As for the Bill of Names , I saw none such , till the Letter that came
over from <font> Rodolph </font> about <font> Easter </font> .
(THOWARD2-E2-P2,106.447)

I deliver'd a Writing to <font> Barker : </font>
(THOWARD2-E2-P2,106.448)

I confess it ; (THOWARD2-E2-P2,106.449)

but it was about that Matter which I have confess'd already for my
Recognizance ; (THOWARD2-E2-P2,106.450)

and so I dealt not with any such Matter as is alledg'd against me ,
(THOWARD2-E2-P2,106.451)

nor receiv'd any other Instructions , but only as I have said , about
my own Matters . (THOWARD2-E2-P2,106.452)

<font> Attorney . </font> My Lord , this is but your own saying ,
(THOWARD2-E2-P2,106.453)

and it carrieth no Likelihood : (THOWARD2-E2-P2,106.454)

But <font> Barker </font> goeth nearer to you ;
(THOWARD2-E2-P2,106.455)

he telleth you plainly what the Instructions were :
(THOWARD2-E2-P2,106.456)

It was to King <font> Philip </font> for Men , and to the Pope for
Money . (THOWARD2-E2-P2,106.457)

<font> Duke . Barker </font> hath confess'd himself a Traitor ,
(THOWARD2-E2-P2,106.458)

and therefore is no sufficient Witness against me .
(THOWARD2-E2-P2,106.459)

I never knew of any such Bill of Names , nor such Instruction in <font>
French . (THOWARD2-E2-P2,106.460)

Attorney . </font> It is sufficiently prov'd . (THOWARD2-E2-P2,106.461)

Now <font> Rodolph </font> came to you a second time .
(THOWARD2-E2-P2,106.462)

<font> Duke . </font> I deny it : (THOWARD2-E2-P2,106.463)

He came no more to me . (THOWARD2-E2-P2,106.464)

<font> Attorney . </font> That is not so : (THOWARD2-E2-P2,106.465)

for <font> Barker </font> telleth plainly , not only the Time , but
also the several Ways by which he himself brought <font> Rodolph
</font> to you . (THOWARD2-E2-P2,106.466)

<font> Duke . </font> There be Ways enough , (THOWARD2-E2-P2,106.467)

he might have devised also a dozen Ways more , if he would , in that
House . (THOWARD2-E2-P2,106.468)

Here was read <font> Barker ad </font> 11. (THOWARD2-E2-P2,106.469)

<font> Attorney . </font> Lo ! he telleth you which way <font> Rodolph
</font> came to you . (THOWARD2-E2-P2,106.470)

<font> Duke . </font> So he may devise more Ways when he will .
(THOWARD2-E2-P2,106.471)

<font> Attorney . </font> Now you shall also hear it confess'd by the
Bishop of <font> Rosse </font> , who at the time of his Confession was
in Prison , not knowing what <font> Barker </font> had said .
(THOWARD2-E2-P2,106.472)

Here was read <font> Rosse </font> 's Confession of that Matter .
(THOWARD2-E2-P2,106.473)

Here was also read <font> Rosse </font> , the sixth of <font> November
. (THOWARD2-E2-P2,106.474)

Attorney . </font> Here you see how the Duke agreeth with <font> Barker
</font> . (THOWARD2-E2-P2,106.475)

And there was read <font> Rosse </font> more , the sixth of <font>
November </font> ; how <font> Rodolph </font> made account of his Time
, and of his Return before the Parliament ended .
(THOWARD2-E2-P2,106.476)

Then Mr. Attorney made a brief Rehearsal of the Matters contain'd in
those Confessions , (THOWARD2-E2-P2,106.477)

and shew'd the Agreement of <font> Rosse </font> and <font> Barker
</font> ; (THOWARD2-E2-P2,106.478)

and then was read <font> Rosse </font> , Fol. 3. touching <font>
Rodolph </font> 's Account of his old Soldiers , that he could bring
against the <font> English </font> , of the Duke of <font> Medina
</font> 's coming , of <font> Spaniards </font> to be spar'd .
(THOWARD2-E2-P2,106.479)

Now the Duke had satisfy'd <font> Rodolph </font> for his Credit ,
(THOWARD2-E2-P2,106.480)

and tho' the Duke subscribed not , yet if the Duke were a Christian Man
, he was assured of him , (THOWARD2-E2-P2,106.481)

and so would assure foreign Princes on the Duke's part .
(THOWARD2-E2-P2,106.482)

Then was read the Confession of the Bishop of <font> Rosse </font> , to
the 18th . (THOWARD2-E2-P2,106.483)

Now shall you hear further : (THOWARD2-E2-P2,106.484)

<font> Rodolph </font> , before his Voyage , mov'd to have Letters of
Credit , that he might deal with foreign Princes ; whereupon three
Letters were devised , to commend <font> Rodolph </font> to the Pope ,
the King of <font> Spain </font> , and the Duke of <font> Alva </font>
, and to give him Credit in his Message , that he might be able to
procure Aid for the <font> Scotish </font> Queen , and for the
Advancement of the Catholic Faith . (THOWARD2-E2-P2,106.485)

The Duke answer'd , I am loth to write , (THOWARD2-E2-P2,106.486)

for if I write , the Queen's Majesty hath great Intelligence ,
(THOWARD2-E2-P2,106.487)

and so if my Writing should come to light , all were marr'd ;
(THOWARD2-E2-P2,106.488)

and so he would not write . (THOWARD2-E2-P2,106.489)

Then the Bishop of <font> Rosse </font> , and <font> Barker </font> ,
travailed earnestly with him to subscribe the Letters ;
(THOWARD2-E2-P2,106.490)

but he would not . (THOWARD2-E2-P2,106.491)

Then , at length , it was advised and agreed among them , that if the
Duke should send one to the <font> Spanish </font> Embassador , that
the Duke was content to affirm the Letter , and to let it pass in his
Name . (THOWARD2-E2-P2,106.492)

And so the <font> Spanish </font> Embassador recommended <font> Rodolph
</font> 's Message in the Duke's Name , without the Duke's Subscription
. (THOWARD2-E2-P2,106.493)

Here was read the Bishop of <font> Rosse </font> , ult. <font> Octob.
ad </font> (THOWARD2-E2-P2,106.494)

Also <font> Barker </font> was read of the same Matter .
(THOWARD2-E2-P2,106.495)

<font> Attorney . </font> Thus it is plainly prov'd :
(THOWARD2-E2-P2,106.496)

and if they say true , as it $can $not {TEXT:cannot} be that they can
so agree , if it were not true ; then can it not be deny'd that the
Duke is guilty of all this Treason . (THOWARD2-E2-P2,106.497)

<font> Duke . </font> Here is too much at once for me to answer without
Book ; (THOWARD2-E2-P2,106.498)

my Memory is not so good , to run thro' every thing , as they do that
have their Books and their Notes lying before them :
(THOWARD2-E2-P2,106.499)

Therefore , I pray you , if I forgot to answer to any thing , remember
me of it . (THOWARD2-E2-P2,106.500)

It is said , That there are two or three Witnesses against me ;
(THOWARD2-E2-P2,106.501)

all this two or three are but one Witness : (THOWARD2-E2-P2,106.502)

for <font> Rodolph </font> said it to the Bishop of <font> Rosse
</font> , (THOWARD2-E2-P2,106.503)

and of his Mouth the Bishop of <font> Rosse </font> told it to <font>
Barker </font> , and so from Mouth to Mouth ; (THOWARD2-E2-P2,106.504)

they are all but one Witness . (THOWARD2-E2-P2,106.505)

Besides that they have confess'd themselves wholly in Treason ,
(THOWARD2-E2-P2,106.506)

and now they would bring me in with them too ; (THOWARD2-E2-P2,106.507)

and so are no sufficient Witnesses against me .
(THOWARD2-E2-P2,106.508)

Note , I pray you , the Advices , (THOWARD2-E2-P2,106.509)

and see how likely they are : (THOWARD2-E2-P2,106.510)

Ten thousand Men must be landed , whereof three or four thousand must
be Horsemen ; (THOWARD2-E2-P2,106.511)

they must land at <font> Harwich </font> , and a Port in my Country ;
(THOWARD2-E2-P2,106.512)

neither is <font> Harwich </font> a Port in my Country :
(THOWARD2-E2-P2,106.513)

And I am not of so little Skill , that I would have three or four
thousand Horsemen land in <font> Essex </font> , the unfittest Place
for Horsemen to land in all <font> England </font> , a Country best
inhabited of Noblemen , Gentlemen , and other Ability to resist them :
(THOWARD2-E2-P2,106.514)

And who would land Horsemen in <font> Essex </font> , a Country all
full of Lanes , Woods , Ditches , and Marshes ?
(THOWARD2-E2-P2,106.515)

I would have chosen some other Country rather , if I had been so minded
. (THOWARD2-E2-P2,106.516)

Again , in respect of Religion , I would not have landed them in <font>
Essex </font> , that came to destroy Religion , and so should have
<P_107> found but little Assistance . (THOWARD2-E2-P2,107.517)

And would I have brought in Power , or join'd with them to the
Overthrow of Religion ? (THOWARD2-E2-P2,107.518)

It hath lately been said by that side , that I could not be recover'd
from my Religion : (THOWARD2-E2-P2,107.519)

I would not be chang'd from my Religion ; (THOWARD2-E2-P2,107.520)

I had rather be torn with wild Horses . (THOWARD2-E2-P2,107.521)

Besides that the County of <font> Essex </font> , adjoining to the
County of <font> Suffolk </font> , is most unfit for that purpose : no
County in <font> England </font> more replenish'd with Protestants nor
of better Ability , and none more likely to withstand Papists .
(THOWARD2-E2-P2,107.522)

As for moving of Friends , I never dealt to move any Person in the
matter ; (THOWARD2-E2-P2,107.523)

I never made Provision for it ; (THOWARD2-E2-P2,107.524)

I provided no Armour , Shot , Powder , nor Money ;
(THOWARD2-E2-P2,107.525)

I made no Friends privy to any such Intent . (THOWARD2-E2-P2,107.526)

Some Presumption it is , that if I had intended any such matter , I
would have made some privy to it . (THOWARD2-E2-P2,107.527)

I was no otherwise so destitute of Friends , (THOWARD2-E2-P2,107.528)

I would have provided Armour , Shot , and Powder ;
(THOWARD2-E2-P2,107.529)

I would have provided Money ; (THOWARD2-E2-P2,107.530)

I am sure there was not much Money found . (THOWARD2-E2-P2,107.531)

For Armour , I had not at my house here past eight Armours which were
of Proof , and a hundred Harquebusses ; (THOWARD2-E2-P2,107.532)

and besides this , I bestow'd not <font> l. </font> in Armour these ten
Years : (THOWARD2-E2-P2,107.533)

Powder I have not two Barrels ; yea , not above a Barrel in all .
(THOWARD2-E2-P2,107.534)

So see the likelihood of their Devices ; no Conference of Friends to
take part ; no Provision of Furniture ; a Country , both-1 in Religion
and Situation , unapt for the Matter . (THOWARD2-E2-P2,107.535)

Where they say <font> Rodolph </font> told <font> Barker </font> , and
<font> Barker </font> told me ; and <font> Barker </font> came from
<font> Rosse </font> and from <font> Rodolph </font> to me , and from
me to <font> Rosse </font> , to declare that I was content to affirm
the Letters of Credit , I deny it . (THOWARD2-E2-P2,107.536)

As for my Consent , that the <font> Spanish </font> Embassador should
affirm the Letters in my Name , how unlikely a thing it is , that I was
content to affirm them , but not to subscribe them ; as if I knew not
how small is the Difference between subscribing and affirming ; and as
if I had such slender Wit . (THOWARD2-E2-P2,107.537)

<font> Rodolph </font> never came to me but once ;
(THOWARD2-E2-P2,107.538)

indeed I heard that <font> Rodolph </font> would fain have came
{COM:sic} to me again the second time , (THOWARD2-E2-P2,107.539)

but I would not ; (THOWARD2-E2-P2,107.540)

<font> Barker </font> earnestly urged it , (THOWARD2-E2-P2,107.541)

but I refus'd . (THOWARD2-E2-P2,107.542)

To please the curious <font> Italian </font> Head of <font> Rodolph
</font> , they devis'd it among them to deal with the <font> Spanish
</font> Embassador . (THOWARD2-E2-P2,107.543)

As for me , I never heard from the <font> Spanish </font> Embassador in
the matter ; (THOWARD2-E2-P2,107.544)

I never saw him but once at my Lord Treasurer's .
(THOWARD2-E2-P2,107.545)

I was angry with <font> Barker </font> for going to him in my Name ;
(THOWARD2-E2-P2,107.546)

and he excus'd it , (THOWARD2-E2-P2,107.547)

and said , he could not otherwise content the Bishop of <font> Rosse
</font> and <font> Rodolph : </font> and so that affirming of the
Letters was <font> Barker </font> 's own doing , and not mine .
(THOWARD2-E2-P2,107.548)

I would they might , in our private Examinations , have been brought
face to face with me . (THOWARD2-E2-P2,107.549)

I could have put them in mind of things ; (THOWARD2-E2-P2,107.550)

they have confess'd Treason of themselves , (THOWARD2-E2-P2,107.551)

and they would bring me in with them , and lay it on my shoulders .
(THOWARD2-E2-P2,107.552)

I am hardly handled , (THOWARD2-E2-P2,107.553)

I have been eighteen Weeks committed , (THOWARD2-E2-P2,107.554)

I can speak with no body ; (THOWARD2-E2-P2,107.555)

if I might have had them face to face , and been allow'd to bring forth
my Proofs , I would have brought forth direct Matter and Proofs , and
therewith made them remember themselves . (THOWARD2-E2-P2,107.556)

Consider , I beseech you , what they be that accuse me ;
(THOWARD2-E2-P2,107.557)

and as for them , they be Persons that have accus'd themselves of
Treason , and so be of no Credit . (THOWARD2-E2-P2,107.558)

As for mine own Examinations , they wholly agree in such sort as I have
here declar'd in mine Answer . (THOWARD2-E2-P2,107.559)

<font> Attorney . </font> Your Answer is nothing but bare Denial ;
(THOWARD2-E2-P2,107.560)

and here are three Witnesses against you , (THOWARD2-E2-P2,107.561)

and all three severally examin'd , have agreed in one ;
(THOWARD2-E2-P2,107.562)

and <font> Barker </font> hath directly confessed ;
(THOWARD2-E2-P2,107.563)

and if you doubt of Impulsion , you shall hear how willingly and how
freely he confess'd it , because the same Examination was taken before
Sir <font> Thomas Smith </font> , and subscrib'd with his Hand :
(THOWARD2-E2-P2,107.564)

Mr. <font> Wilson </font> upon his Oath declar'd the same to be Sir
<font> Thomas Smith </font> 's Hand . (THOWARD2-E2-P2,107.565)

<font> Duke . </font> Where it is said , that I should bid them to
write , or should affirm their Writing , it is not true .
(THOWARD2-E2-P2,107.566)

Indeed <font> Bannister </font> spake to me to write for Money for the
<font> Scotish </font> Queen , (THOWARD2-E2-P2,107.567)

and I refused to do it . (THOWARD2-E2-P2,107.568)

If I should have dealt in any such matter , I would have trusted one
<font> Bannister </font> afore fifteen <font> Barkers </font> .
(THOWARD2-E2-P2,107.569)

And as for your number of Witnesses in this manner by Hands one from
another , twenty Witnesses may prove but one Witness .
(THOWARD2-E2-P2,107.570)

<font> Attorney . </font> You shall hear your own Confession agreeing
with them ; (THOWARD2-E2-P2,107.571)

you were content <font> Rodolph </font> should use your Name to the
Duke of <font> Alva </font> , and that he should assure the Duke you
were a Catholick , and that he should shew Tokens to prove it , for
that you kept Papists in your House , and were a Friend to Papists .
(THOWARD2-E2-P2,107.572)

Here was read the Duke's Confession , <font> October , ad interr.
</font> 58 . (THOWARD2-E2-P2,107.573)

Here his own Hand confesseth the Matter . (THOWARD2-E2-P2,107.574)

<font> Duke . </font> I saw the Instructions indeed ,
(THOWARD2-E2-P2,107.575)

and this Matter was in it . (THOWARD2-E2-P2,107.576)

They sought to have it thought I was a Catholick , to serve their
Purpose , (THOWARD2-E2-P2,107.577)

and did put it in of themselves ; (THOWARD2-E2-P2,107.578)

but I allowed it not , (THOWARD2-E2-P2,107.579)

I would rather be torn with wild Horses than forsake my Religion .
(THOWARD2-E2-P2,107.580)

<font> Attorney . </font> These Instructions remained still in your
custody : (THOWARD2-E2-P2,107.581)

Why did you not burn these , as well as you say that you commanded the
Letter to be burned ? (THOWARD2-E2-P2,107.582)

<font> Duke . </font> Because it was their writing , and not mine .
(THOWARD2-E2-P2,107.583)

<font> Wilb. </font> You are content it should be extant ;
(THOWARD2-E2-P2,107.584)

to what purpose was that , if you mislik'd it ?
(THOWARD2-E2-P2,107.585)

<font> Attorney . </font> Your Lordship shall yet see further a Letter
of the Bishop of <font> Rosse </font> , written to the <font> Scotish
</font> Queen , wherein the whole Plot and Course of Treason is plainly
set out at large ; (THOWARD2-E2-P2,107.586)

the Letter came to the <font> Scotish </font> Queen's hands while my
Lord Steward was there , which my Lord Steward affirmed .
(THOWARD2-E2-P2,107.587)

So the Letter was read . (THOWARD2-E2-P2,107.588)

<font> Duke . </font> The Bishop of <font> Rosse </font> is no
sufficient Witness against me , for the Causes I have declared .
(THOWARD2-E2-P2,107.589)

<font> Attorney . </font> I leave his Credit to my Lords here to
consider , (THOWARD2-E2-P2,107.590)

let them weigh it as they see cause . (THOWARD2-E2-P2,107.591)

Now come to consider your own Doings ; (THOWARD2-E2-P2,107.592)

since your last Imprisonment , Letters have been conveyed unto you ,
(THOWARD2-E2-P2,107.593)

and you have sent Letters abroad , by many subtle and secret Ways of
Conveyance . (THOWARD2-E2-P2,107.594)

One Letter you sent out , written with Red-Ocre , wherein plainly
appeareth that you feared the Matter , and that something was confessed
, and that you were afraid of more ; (THOWARD2-E2-P2,107.595)

you willed the Bishop of <font> Rosse </font> should take all upon him
, because he was an Embassador , and that a Bag of Writings should be
sought out and burned . (THOWARD2-E2-P2,107.596)

Here the Letter written in Red-Ocre was read , which the Duke confessed
to be his own . (THOWARD2-E2-P2,107.597)

<font> Attorney . </font> This Letter gave occasion to seek the Bag ,
(THOWARD2-E2-P2,107.598)

and so were the Writings found under Boards fast nailed ,
(THOWARD2-E2-P2,107.599)

and thereby was understood that <font> Quarante </font> was the Duke ;
(THOWARD2-E2-P2,107.600)

and so by God's Work broke out the whole Practice of the Treason .
(THOWARD2-E2-P2,107.601)

This Letter was directed to nobody . (THOWARD2-E2-P2,107.602)

<P_108>

<font> Duke . </font> It was written to <font> Bayly </font> ,
(THOWARD2-E2-P2,108.604)

and <font> Bayly </font> received it . (THOWARD2-E2-P2,108.605)

I can answer this Letter well enough . (THOWARD2-E2-P2,108.606)

Here I am charged with two Matters , for matter of my Confessions , and
for burning the Bags of Letters . (THOWARD2-E2-P2,108.607)

As for that which is there said , that I confessed nothing but what I
saw confessed by others , the truth is , I received a Letter , wherein
I was charged , that I had accused some falsely .
(THOWARD2-E2-P2,108.608)

I wrote to satisfy , that I had not accused any of any matter of
Treason . (THOWARD2-E2-P2,108.609)

<font> Attorney . </font> Where is the Letter whereby you were charged
that you had accused falsely ? (THOWARD2-E2-P2,108.610)

<font> Duke . </font> I kept it not ; (THOWARD2-E2-P2,108.611)

think you I would keep Letters ? (THOWARD2-E2-P2,108.612)

Burned Letters do no hurt . (THOWARD2-E2-P2,108.613)

As for burning the Writings in the Bag , it maketh nothing against me
in this Case ; (THOWARD2-E2-P2,108.614)

for they were nothing but private Letters of the <font> Scotish </font>
Queen's , written before , and when I was last in Trouble , long before
this Matter . (THOWARD2-E2-P2,108.615)

At <font> Bannister </font> 's coming up at <font> Easter </font> last
, he brought them to me , (THOWARD2-E2-P2,108.616)

and I willed <font> Barker </font> to lay them up :
(THOWARD2-E2-P2,108.617)

What needeth such searching for elder Matters ?
(THOWARD2-E2-P2,108.618)

I bad them be made away , (THOWARD2-E2-P2,108.619)

for they were but private Matters between the <font> Scotish </font>
Queen and me . (THOWARD2-E2-P2,108.620)

<font> Attorney . </font> There was the Letter that disclosed you to be
<font> Quarante </font> , whereby the Treason was known :
(THOWARD2-E2-P2,108.621)

now here is also another Letter of your own , which you secretly sent
out of the <font> Tower </font> , which sheweth your Guiltiness in the
matter of the great Treason with <font> Rodolph </font> .
(THOWARD2-E2-P2,108.622)

Here the Duke's other Letter was read . (THOWARD2-E2-P2,108.623)

<font> Duke . </font> This was only , as I have declared before , for
my Conference with <font> Rodolph </font> , for the Matter of Money ,
both-2 touching mine own Recognizance , and procuring of money for the
<font> Scotish </font> Queen , for her Necessity .
(THOWARD2-E2-P2,108.624)

<font> Attorney . </font> By the whole Course of the Matter that goeth
before , it is for the Treason , and not for the Money .
(THOWARD2-E2-P2,108.625)

Here is also another Letter of your own , which carrieth manifest
Presumptions of the Treason , where , among other things , you will
<font> Barker </font> to confess no further , if he love his Life :
besides other most manifest suspicious Matters .
(THOWARD2-E2-P2,108.626)

<font> Duke . </font> I wrote it not in respect of any fear that <font>
Barker </font> could hurt me , when I willed that <font> Barker </font>
should confess no more , as he loved his Life :
(THOWARD2-E2-P2,108.627)

For indeed he might touch himself in Treason , <paren> as he hath done
</paren> but not me , (THOWARD2-E2-P2,108.628)

for I never consented to it . (THOWARD2-E2-P2,108.629)

<font> Attorney . </font> Now shall you see how the Matter proceeded
further : (THOWARD2-E2-P2,108.630)

After the dispatch of <font> Rodolph </font> , in <font> Lent </font>
last , as he had made shew before , that he intended to go over Sea ,
and was all this while practising about this Treason ; at length being
frighted with these Messages , he came to sue to the Queen's Majesty
for a Pass-port , which was granted him , (THOWARD2-E2-P2,108.631)

and he carried over two Geldings with him , which is evident Proof that
he went over . (THOWARD2-E2-P2,108.632)

Now shall you see what effect it took , (THOWARD2-E2-P2,108.633)

and by the Answer you shall discern the Message and Practice :
(THOWARD2-E2-P2,108.634)

Being beyond the Sea , and having done his Message , he sent
Advertisement to the Duke how he sped , and likewise from {COM:sic} the
Pope ; which plainly discloseth the whole Purpose and Plot of the
Treason , as shall be declared unto your Lordships .
(THOWARD2-E2-P2,108.635)

Here began Mr. Sollicitor . (THOWARD2-E2-P2,108.636)

<font> Sollicitor . </font> For that the time is spent , and your
Lordships , I think , are weary , I will not now make any Collection
what hath been gathered of the attempt of Marriage with the <font>
Scotish </font> Queen , (THOWARD2-E2-P2,108.637)

only I will deal with the Matter of <font> Rodolph </font> 's Message ,
and the effect thereof : (THOWARD2-E2-P2,108.638)

And the Duke's adhering to the Queen's Enemies and Rebels , shall be
another part . (THOWARD2-E2-P2,108.639)

In this Matter of <font> Rodolph </font> , hath been laid before you a
plain Plot for a Rebellion , and for Invasion of the Realm , set forth
in the <font> Scotish </font> Queen's Letter , which was deciphered by
<font> Hickford </font> , by the Duke's Commandment , as hath been said
unto you ; the effect whereof was as hath been declared .
(THOWARD2-E2-P2,108.640)

And here he repeated the Effect of that Letter , containing the Device
of putting Men into the Field , and to seize the <font> Scotish </font>
Queen . (THOWARD2-E2-P2,108.641)

Now if the Device were follow'd , and if the Duke were a Doer in it ,
if he were a Consenter unto it , if <font> Rodolph </font> were
practised with for the Journey , if he received his Message to that end
, if he went and pursued it , if he sent Answer accordingly ; then it
must needs be that here is matter of High-Treason , and the Duke of
<font> Norfolk </font> guilty of it . (THOWARD2-E2-P2,108.642)

It hath been shewed by the Declaration of <font> Barker </font> , and
of the Bishop of <font> Rosse </font> , how <font> Rodolph </font> was
the Pope's Factor , was commended by the <font> Scotish </font> Queen
for a fit Messenger in this Matter , was conferred with about it ,
Articles were devised , they were shewed the Duke , and the Duke
himself hath confessed that he spake with <font> Rodolph </font> , and
that he saw the Instructions . (THOWARD2-E2-P2,108.643)

Now is the question , How far the Instuctions extended , whether to
matter of High-Treason , as hath been alledged , or no ?
(THOWARD2-E2-P2,108.644)

The Duke saith for his excuse , That the Instructions were but for a
private cause of Money , and that when <font> Rodolph </font> required
him to write his Letters , the Duke refused and cast him off .
(THOWARD2-E2-P2,108.645)

See how this accordeth : (THOWARD2-E2-P2,108.646)

If it were but a private Cause , whereto served that refusal to write ?
(THOWARD2-E2-P2,108.647)

As well he might by Letters , as by Instructions , $pursue
{TEXT:pursued} in a private Cause . (THOWARD2-E2-P2,108.648)

What needeth that secret coming in the Night-time about a private Cause
? (THOWARD2-E2-P2,108.649)

The Duke himself confesseth , that the Instructions were shewed him
before <font> Rodolph </font> came to him ; (THOWARD2-E2-P2,108.650)

he confesseth also that <font> Rodolph </font> was commended by the
<font> Scotish </font> Queen ; (THOWARD2-E2-P2,108.651)

the Instructions have here been shewed , containing the Matter of his
Journey , and extending to the Treason : (THOWARD2-E2-P2,108.652)

He came to confer with the Duke . (THOWARD2-E2-P2,108.653)

Now let your Lordships judge why , and about what Matters they
conferred . (THOWARD2-E2-P2,108.654)

The Bishop of <font> Rosse </font> and <font> Barker </font> do , of
their own knowledge , declare , how , for Furniture of this Message ,
there were Letters of Credit devised in the name of the <font> Scotish
</font> Queen and the Duke of <font> Norfolk </font> , to the Pope ,
the <font> Spanish </font> King , and the Duke of <font> Alva </font> ;
(THOWARD2-E2-P2,108.655)

the Duke refused to subscribe them , for fear , if he should deal too
openly , the Treason might perhaps to some appear :
(THOWARD2-E2-P2,108.656)

therefore a Device was found out how to salve the matter , That he
should , by his Servant , affirm the Letters to the <font> Spanish
</font> Embassador , (THOWARD2-E2-P2,108.657)

and so they should , by the <font> Spanish </font> Embassador's
Commendation , pass with as good credit as if they had been subscribed
. (THOWARD2-E2-P2,108.658)

This Device was performed , (THOWARD2-E2-P2,108.659)

his Assent was witnessed , and the Letters of credit confirm'd
accordingly . (THOWARD2-E2-P2,108.660)

<font> Rodolph </font> went over to the Duke of <font> Alva </font> ,
and from thence to the Pope ; (THOWARD2-E2-P2,108.661)

he return'd answer of his Message , (THOWARD2-E2-P2,108.662)

and gave Advertisement to the Duke . (THOWARD2-E2-P2,108.663)

Did not he send his answer concerning the very Instructions that have
been alledg'd , and the matter of Treason , and not of a private Cause
? (THOWARD2-E2-P2,108.664)

And to whom ? (THOWARD2-E2-P2,108.665)

Sent he not answer to the Duke , by the name of <font> Quarante </font>
? (THOWARD2-E2-P2,108.666)

Would <font> Rodolph </font> make answer <P_109> to , and advertise him
that never sent him , and of a Matter that he never sent him about ?
(THOWARD2-E2-P2,109.667)

By this you may see the intent of the Message .
(THOWARD2-E2-P2,109.668)

Now shall you see what Answer was return'd . (THOWARD2-E2-P2,109.669)

The Bishop of <font> Rosse </font> , after this , sent over a Servant
of his , one <font> Charles Bayly </font> , to fetch certain Books that
were printed in those Parts ; Books containing very seditious Matter ,
whereof I have seen some , by permission , tending to these ends .
(THOWARD2-E2-P2,109.670)

First , therein is conveyed to the <font> Scotish </font> Queen a Title
to the Crown of <font> England </font> , a Descent above the Conquest ,
(THOWARD2-E2-P2,109.671)

and so labouring to impair the Interest of all our Kings that have
reigned since the Conquest . (THOWARD2-E2-P2,109.672)

Then the Judgment of the Right of the Crown of this Realm is reduc'd to
an universal Law , which they call <font> Jus Gentium </font> , and the
discerning thereof exempted from the Laws of this Realm .
(THOWARD2-E2-P2,109.673)

And of that universal Law they establish one universal Judge , whom
they insinuate to be the Pope , whose Bulls you see have pass'd in
prejudice of the Queen's Majesty's undoubted Right .
(THOWARD2-E2-P2,109.674)

This <font> Charles Bayly </font> being in those parts for this
occasion of the Books , met with <font> Rodolph </font> at <font>
Brussels </font> , after that <font> Rodolph </font> had had his
dispatch from the Duke of <font> Alva </font> , and was hasting to the
Pope ; (THOWARD2-E2-P2,109.675)

and therefore having haste of his Journey , and much to write , and
small leisure , he desired <font> Charles Bayly </font> to write for
him two Letters for two Noblemen of this Realm , both in Cipher :
(THOWARD2-E2-P2,109.676)

but to whom the Letters were directed , <font> Charles </font> himself
could not tell ; (THOWARD2-E2-P2,109.677)

for <font> Rodolph </font> subscrib'd the Letters himself , one to
<font> Quarante </font> , the other to <font> Trente .
(THOWARD2-E2-P2,109.678)

Charles Bayly </font> bringing their Books and Letters , was taken at
<font> Dover </font> , (THOWARD2-E2-P2,109.679)

the Books were brought to the Council , (THOWARD2-E2-P2,109.680)

the Pacquet of Letters were convey'd away to the Bishop of <font> Rosse
: </font> (THOWARD2-E2-P2,109.681)

And daily more and more grew the Suspicion , by reason of the repair of
the Bishop of <font> Rosse </font> 's Servants to the <font> Marshalsea
</font> , where <font> Charles </font> was . (THOWARD2-E2-P2,109.682)

At length there were Letters taken between the Bishop of <font> Rosse
</font> and <font> Charles </font> , mentioning the recovery of <font>
Rodolph </font> 's Pacquet . (THOWARD2-E2-P2,109.683)

In this Pacquet was the Advertisement of the Success of the Voyage ,
from <font> Rodolph </font> to the Duke , by the name of .
(THOWARD2-E2-P2,109.684)

This Letter of <font> Rodolph </font> 's was sent to the Duke from the
Bishop of <font> Rosse </font> by <font> Barker </font> ;
(THOWARD2-E2-P2,109.685)

<font> Barker </font> deliver'd it to the Duke , from whence it was
sent back again to the Bishop of <font> Rosse </font> by <font> Gutbert
</font> , (THOWARD2-E2-P2,109.686)

and by <font> Gutbert </font> it was deciphered , and carried again to
the Duke by <font> Barker : </font> (THOWARD2-E2-P2,109.687)

Upon this occasion <font> Gutbert </font> was sought for ,
(THOWARD2-E2-P2,109.688)

the Duke convey'd him away , (THOWARD2-E2-P2,109.689)

and this conveying away of <font> Gutbert </font> , the Duke hath
confessed . (THOWARD2-E2-P2,109.690)

If this be thus , then must it needs be that <font> Rodolph </font> was
sent by him , and to such end as the Letter bringeth answer of .
(THOWARD2-E2-P2,109.691)

In the Letter , this was contain'd , That <font> Rodolph </font> had
spoken with the Duke of <font> Alva </font> ; That he had very good and
loving Alliance ; That the Duke of <font> Alva </font> lovingly
promis'd all the help he could ; and that he would commend the Cause to
the King of <font> Spain </font> his Master : (THOWARD2-E2-P2,109.692)

And he advised <font> Rodolph </font> to go forward to the Pope ,
(THOWARD2-E2-P2,109.693)

and that he said he could not do further without more Warrant , which
he would seek to procure . (THOWARD2-E2-P2,109.694)

Also certain questions were ask'd by the Duke of <font> Alva </font> ;
as , What Fort was between the Haven where they should land and <font>
London ? </font> How near <font> London </font> it was ?
(THOWARD2-E2-P2,109.695)

So the nearness of <font> London </font> was respected , how
incommodious soever your Lordship saith the Place was for Horsemen .
(THOWARD2-E2-P2,109.696)

These Questions belike depended upon the Matter propounded , which
touch the Plot of the Treason , and not a private Cause , as your
Lordship pretendeth . (THOWARD2-E2-P2,109.697)

The Duke of <font> Norfolk </font> confesseth the receipt of these
Letters , and the deciphering of them . (THOWARD2-E2-P2,109.698)

So <font> Charles Bayly </font> , by <font> Rodolph </font> 's Request
, wrote the two Letters in Ciphers ; (THOWARD2-E2-P2,109.699)

<font> Rodolph </font> himself directed them to and .
(THOWARD2-E2-P2,109.700)

<font> Charles </font> being taken , and confessing the writing , and
bringing of these Letters , and the Matter contain'd in them in <font>
April </font> last , yet knew not who was or . (THOWARD2-E2-P2,109.701)

This was strangely convey'd , Treason known in Matter , and yet the
Person not known to himself that wrote it . (THOWARD2-E2-P2,109.702)

Here was read <font> Charles Bayly </font> 's Confession , <font> ad
</font> 3. (THOWARD2-E2-P2,109.703)

<font> Sollic. </font> Now you see to what End the Effect of the
Message tended ; (THOWARD2-E2-P2,109.704)

you see what it was , and how it was done ; (THOWARD2-E2-P2,109.705)

you see how it was receiv'd , and the Duke of <font> Alva </font> 's
Questions upon it : (THOWARD2-E2-P2,109.706)

now you shall see the Contents of the Answer , by the Examinations of
the Bishop of <font> Rosse </font> , and <font> Barker </font> ;
(THOWARD2-E2-P2,109.707)

the receipt of the Letters of Answer the Duke himself hath confessed .
(THOWARD2-E2-P2,109.708)

<font> Duke . </font> Where they say this Message was sent by my
Privity , by reason that I was meant by , I deny it ;
(THOWARD2-E2-P2,109.709)

I never wrote by <font> Rodolph </font> , (THOWARD2-E2-P2,109.710)

I refus'd to do it , (THOWARD2-E2-P2,109.711)

I knew not his Letters were to me , but as <font> Barker </font> said :
(THOWARD2-E2-P2,109.712)

And it was not likely they should be to me ; (THOWARD2-E2-P2,109.713)

for it was a Matter which I was not privy of , and in a Cipher which I
had not ; (THOWARD2-E2-P2,109.714)

<font> Rodolph </font> left no Cipher with me .
(THOWARD2-E2-P2,109.715)

As for the taking of the Pacquet , I knew nothing of it ;
(THOWARD2-E2-P2,109.716)

the Letter I never saw in Cipher ; (THOWARD2-E2-P2,109.717)

<font> Barker </font> brought me a Decipher , telling me , That was for
me , and for the Queen of <font> Scots </font> .
(THOWARD2-E2-P2,109.718)

When he told me first he had the Cipher , I ask'd what I should do with
it , and how I should read it , having no Cipher ?
(THOWARD2-E2-P2,109.719)

<font> Barker </font> answered , that it was left with <font> Gutbert
</font> ; (THOWARD2-E2-P2,109.720)

for <font> Rodolph </font> , at his departure , had told him , That he
would write answer of the Money for the <font> Scotish </font> Queen ,
and that he would leave the Cipher with <font> Gutbert </font> ; and
that he had so done , (THOWARD2-E2-P2,109.721)

and in the Letters deciphered did appear , that the Duke of <font> Alva
</font> had promised aid of Money for the <font> Scotish </font> Queen
for her Necessities ; but he could not yet do it for want of Commission
, but as soon as he had Commission he would . (THOWARD2-E2-P2,109.722)

When I heard of this I mislik'd this dealing with the Duke of <font>
Alva </font> , having before refus'd to write to him in the Matter at
<font> Rodolph </font> 's Request ; (THOWARD2-E2-P2,109.723)

and I threatned <font> Barker </font> if he so dealt any more with me .
(THOWARD2-E2-P2,109.724)

The Letters might be to me , as <font> Barker </font> said ,
(THOWARD2-E2-P2,109.725)

but I knew not so much . (THOWARD2-E2-P2,109.726)

<font> Sollic. </font> This your Answer is in all no more than a bare
denying , (THOWARD2-E2-P2,109.727)

and so be all your Speeches , all upon your own Credit only .
(THOWARD2-E2-P2,109.728)

Here was read <font> Barker </font> 's Confession , ad </font> 2 , & 3
, concerning <font> Rodolph </font> 's Letters in Cipher , and the
Deciphering by <font> Gutbert </font> , and the Port where the <font>
Walloons </font> should have landed , & <font> c </font> .
(THOWARD2-E2-P2,109.729)

Then was read the Bishop of <font> Rosse </font> 's to the 12 and 13 ,
to the same effect . (THOWARD2-E2-P2,109.730)

Then Mr. Sollicitor recited again the Effect of the Letters , and the
said Confessions of <font> Rosse </font> and <font> Barker </font> ,
(THOWARD2-E2-P2,109.731)

and proceeded further thus : (THOWARD2-E2-P2,109.732)

You see all these agree in one concerning the Contents of the Letter ;
(THOWARD2-E2-P2,109.733)

now the Letter being deciphered by <font> Gutbert </font> , and <font>
Gutbert </font> being able to discover the whole , this <font> Gutbert
</font> , when he was sent for by the Council , <P_110> was convey'd
away by the Duke's means , as the Duke himself hath confessed .
(THOWARD2-E2-P2,110.734)

<font> Duke . </font> It may be <font> Barker </font> received this
Letter as you spake of , and that <font> Gutbert </font> deciphered it
, and that it contain'd the Matters that you alledge ;
(THOWARD2-E2-P2,110.735)

it may be that they kept that Letter still to themselves , and might
bring me another Letter , containing only such Matter as I was
contented with , containing the private Cause .
(THOWARD2-E2-P2,110.736)

<font> Sollic. </font> An unlikely matter ; (THOWARD2-E2-P2,110.737)

but thus you see the Duke confesseth the Receipt of the Letter ,
(THOWARD2-E2-P2,110.738)

he only denieth that it was to this effect . (THOWARD2-E2-P2,110.739)

It was confessed , that a Letter to this effect was written to ;
(THOWARD2-E2-P2,110.740)

he also confesseth , that was for the Duke himself .
(THOWARD2-E2-P2,110.741)

The Duke of <font> Alva </font> 's Questions prov'd the form of the
matter ; (THOWARD2-E2-P2,110.742)

the Duke read that Letter . (THOWARD2-E2-P2,110.743)

<font> Duke . </font> I read not that Letter , but of another Matter ,
(THOWARD2-E2-P2,110.744)

and you bring but one Witness to prove it . (THOWARD2-E2-P2,110.745)

<font> Sollic. </font> There be two Witnesses , <font> Barker </font>
and the Bishop of <font> Rosse </font> , severally examined , who
agreed directly , expressing it . (THOWARD2-E2-P2,110.746)

And <font> Bayly </font> also wrote the Letter himself containing the
Treason , and not knowing to whom the Letter was directed , accordeth
with them . (THOWARD2-E2-P2,110.747)

<font> Duke . Barker </font> and <font> Gutbert </font> might make the
Letter themselves , and put in and out what they list .
(THOWARD2-E2-P2,110.748)

<font> Sollic. </font> Why did <font> Rodolph </font> write you a
Letter at all ? (THOWARD2-E2-P2,110.749)

<font> Duke . </font> I know not . (THOWARD2-E2-P2,110.750)

<font> Barker </font> presented me the Letters out of Cipher ,
(THOWARD2-E2-P2,110.751)

and I had not the Cipher , (THOWARD2-E2-P2,110.752)

nor saw any such Letter as you alledge . (THOWARD2-E2-P2,110.753)

<font> Sollic. </font> It appeareth further , how after this dispatch
with the Duke of <font> Alva , Rodolph </font> went forward on his
Message to the Pope ; (THOWARD2-E2-P2,110.754)

and having also good Success there , he so advertis'd again .
(THOWARD2-E2-P2,110.755)

The Pope sent Letters to the Duke and the <font> Scotish </font> Queen
, to this effect , That he liked well of their Enterprizes , & <font> c
</font> . (THOWARD2-E2-P2,110.756)

Would <font> Rodolph </font> have gone to the Pope and procur'd Letters
, if he had not had Instructions accordingly ? (THOWARD2-E2-P2,110.757)

The Duke himself hath confessed such a Letter , conceived there came
Letters , both of one Tenour ; the one by the way of <font> France
</font> , the other by the way of <font> Flanders : </font>
(THOWARD2-E2-P2,110.758)

the effect you have heard , (THOWARD2-E2-P2,110.759)

and the Receipt is confessed . (THOWARD2-E2-P2,110.760)

<font> Duke . Barker </font> indeed brought me about six or seven Lines
, written in a Roman Hand in <font> Latin </font> , beginning thus ,
<font> Dilecte fili , salutem </font> . (THOWARD2-E2-P2,110.761)

I asked what it was ? (THOWARD2-E2-P2,110.762)

and <font> Barker </font> told me , it was a Letter from the Pope to me
: Wherewith I was offended , (THOWARD2-E2-P2,110.763)

and said , A Letter to me from the Pope ! (THOWARD2-E2-P2,110.764)

What have I to do with him , that is Enemy to my Religion and Country ?
(THOWARD2-E2-P2,110.765)

How cometh this to pass ? (THOWARD2-E2-P2,110.766)

So I received it , and not otherwise : (THOWARD2-E2-P2,110.767)

and <font> Barker </font> excus'd it , (THOWARD2-E2-P2,110.768)

and said , That <font> Rodolph </font> had procur'd it for his own
Credit . (THOWARD2-E2-P2,110.769)

Here was read <font> Barker , ad </font> 29 . (THOWARD2-E2-P2,110.770)

<font> Sollic. </font> Thus you see the Effect of this Letter , and how
this was directed to the Duke from <font> Rodolph </font> , also by the
name of , deciphered by <font> Gutbert </font> , and delivered to the
Duke by <font> Barker </font> . (THOWARD2-E2-P2,110.771)

The Duke received it (THOWARD2-E2-P2,110.772)

and read it , (THOWARD2-E2-P2,110.773)

and said , <font> Rodolph </font> hath been at <font> Rome </font> ,
(THOWARD2-E2-P2,110.774)

I perceive there will nothing be done this year .
(THOWARD2-E2-P2,110.775)

By this it appeareth , that he reproved not <font> Barker </font> at
all for bringing it unto him , (THOWARD2-E2-P2,110.776)

for <font> Barker </font> brought it him twice :
(THOWARD2-E2-P2,110.777)

Would he have brought it him the second time , if the Duke had been
angry with him for it at the first ? (THOWARD2-E2-P2,110.778)

<font> Duke . </font> I knew not at the first time what it was ,
(THOWARD2-E2-P2,110.779)

for it was in Cipher . (THOWARD2-E2-P2,110.780)

Then was read <font> Barker </font> 's Confession to the 8th .
(THOWARD2-E2-P2,110.781)

<font> Duke . Barker </font> is not of Credit ,
(THOWARD2-E2-P2,110.782)

he accuseth me falsely . (THOWARD2-E2-P2,110.783)

<font> Sollic. </font> He was your Servant , and of near Place and
Credit about you ; (THOWARD2-E2-P2,110.784)

why should he accuse you wrongfully ? (THOWARD2-E2-P2,110.785)

<font> Duke . </font> He was not of Credit about me ;
(THOWARD2-E2-P2,110.786)

for I used him not this fourteen Years . (THOWARD2-E2-P2,110.787)

<font> Sollic. </font> That is not so , as hath well appeared .
(THOWARD2-E2-P2,110.788)

Besides this , the conveying away of <font> Gutbert </font> , which was
done by your means , and who deciphered this Letter , and could have
disclosed the Matter , proveth a great Guiltiness in you .
(THOWARD2-E2-P2,110.789)

<font> Duke . </font> He was convey'd away at his own Request made ,
and not for my Safety . (THOWARD2-E2-P2,110.790)

<font> Sollic. </font> You caused him to be convey'd away ,
(THOWARD2-E2-P2,110.791)

and were privy to his conveying . (THOWARD2-E2-P2,110.792)

<font> Duke . Barker </font> removed him : (THOWARD2-E2-P2,110.793)

indeed I was not privy . (THOWARD2-E2-P2,110.794)

<font> Sollic. </font> You moved <font> Bowes </font> to join with
<font> Barker </font> to do it . (THOWARD2-E2-P2,110.795)

Then Mr. Sollicitor said further to the Peers , I have also , my Lords
, one thing more to say to you from the Queen's Majesty's own Mouth :
(THOWARD2-E2-P2,110.796)

The Lords that be here of the Privy-Council do know it very well , not
meet here in open Presence to be uttered , because it toucheth others
that are not here now to be named ; (THOWARD2-E2-P2,110.797)

but by her Highness's Order , we pray that their Lordships will impart
it unto you more particularly . (THOWARD2-E2-P2,110.798)

In <font> Flanders </font> , by the Embassador of a foreign Prince ,
there the whole Plot of this Treason was discovered , and by a Servant
of his brought to her Majesty's Intelligence ; (THOWARD2-E2-P2,110.799)

the Minister not meaning to conceal so foul and dishonourable a
Practice , gave Intelligence hither by Letters ,
(THOWARD2-E2-P2,110.800)

and hath therein disclosed the whole Treason in such Form as hath here
been proved unto you : Wherefore I refer the more particular
Declaration thereof to the Peers of the Privy-Council .
(THOWARD2-E2-P2,110.801)

Then began Mr. <font> Wilbraham </font> , Attorney of the Wards ,
(THOWARD2-E2-P2,110.802)

and said to this effect . (THOWARD2-E2-P2,110.803)

<font> Wilbraham . </font> There is yet something unspoken ,
(THOWARD2-E2-P2,110.804)

it consisteth in two Points , (THOWARD2-E2-P2,110.805)

I will be short in both . (THOWARD2-E2-P2,110.806)

The Matters are plain , and easy to understand .
(THOWARD2-E2-P2,110.807)

Let my Lord answer , (THOWARD2-E2-P2,110.808)

and your Lordships shall easily judge of them .
(THOWARD2-E2-P2,110.809)

Here have been set forth before you the imagining and practising of the
Deprivation and Death of the Queen's Majesty , with bringing in of
Strangers into the Realm to invade , and levy War , with the
Appurtenances both miserable and many . (THOWARD2-E2-P2,110.810)

This Request I am now to make , that for proof of these Treasons , that
I will intreat you to have in memory what hath before been said ;
(THOWARD2-E2-P2,110.811)

for tho' the Proofs of these Treasons we divide to several Parts , for
Ease and Shortness , as the seeking of the Marriage , <font> Rodolph
</font> 's Voyage , the Success thereof , and the Residence that
remaineth , ought all to be compared together ;
(THOWARD2-E2-P2,110.812)

any one appearing plainly true , giveth Credit to the rest .
(THOWARD2-E2-P2,110.813)

The Queen's Majesty's Proceeding in this Trial is very honourable ,
mild , and gracious ; (THOWARD2-E2-P2,110.814)

the Confessions have been made by the Parties freely , without Torture
or Constraint . (THOWARD2-E2-P2,110.815)

You shall see each of them , and each part so prove the other , as the
whole shall be clearly out of doubt ; Where the Earl of <font>
Northumberland </font> and his Wife , the Earl of <font> Westmoreland ,
Richard Norton </font> , and others in the North Parts raised
Rebellions , and levy'd open War against the Queen's Majesty within her
Realm ; and being overthrown by the Queen's Power , fled into <font>
Scotland </font> , and there were received by the Duke of <font>
Chastelleroy </font> , the Lord <font> Harris </font> , the Lord <font>
Hume </font> , the Lord <font> Buccleugh </font> , and others , and by
them were comforted <P_111> and detained against the Queen's Majesty ,
requiring to have them delivered . (THOWARD2-E2-P2,111.816)

Her Majesty being denied to have them restored , publish'd and
proclaim'd open War against those Detainers of her Rebels ,
(THOWARD2-E2-P2,111.817)

and appointed the Earl of <font> Sussex </font> her Lieutenant-General
, with an Army to invade <font> Scotland </font> , and there to pursue
those her Enemies , sparing the rest . (THOWARD2-E2-P2,111.818)

He entered into the Land , (THOWARD2-E2-P2,111.819)

made open War upon them , (THOWARD2-E2-P2,111.820)

blew up their Houses with Powder , (THOWARD2-E2-P2,111.821)

wasted their Countries , (THOWARD2-E2-P2,111.822)

and drove the Rebels out of <font> Scotland </font> .
(THOWARD2-E2-P2,111.823)

The one Matter now that I am to disclose , is , That the Duke of <font>
Norfolk </font> knowing all this , yet did adhere unto , comforted and
relieved the said Rebels ; (THOWARD2-E2-P2,111.824)

he procured Money to be distributed to the Earl of <font> Westmoreland
</font> , the Countess of <font> Northumberland </font> , and other of
them ; (THOWARD2-E2-P2,111.825)

and this is manifest Treason . (THOWARD2-E2-P2,111.826)

The other Matter is , That the Duke of <font> Norfolk </font> knowing
all this to be true , adhered unto , comforted , and relieved the said
Lords of <font> Scotland </font> , the Queen's Enemies , Receivers and
Detainers of her Rebels ; (THOWARD2-E2-P2,111.827)

and this is also Treason . (THOWARD2-E2-P2,111.828)

And first for the aiding of the Rebels : (THOWARD2-E2-P2,111.829)

After this Rebellion , and their Overthrow by the Queen's Power , they
fled into <font> Scotland </font> , <paren> a very bare Country
</paren> where they were driven to hard Shifts ,
(THOWARD2-E2-P2,111.830)

so were they enforced to sue to the Pope for help ;
(THOWARD2-E2-P2,111.831)

they wrote to him , (THOWARD2-E2-P2,111.832)

the <font> Scotish </font> Queen wrote in their favour to the Pope's
Nuncio , (THOWARD2-E2-P2,111.833)

the Matter was pursued for them by one <font> D. Morton : </font>
(THOWARD2-E2-P2,111.834)

this <font> Morton </font> was he that was the Procurer of the Bull
that was sent over against the Queen's Majesty ;
(THOWARD2-E2-P2,111.835)

this <font> Morton </font> was he that reconciled the Earl of <font>
Northumberland </font> to the <font> Romish </font> Church , by a Bull
of Absolution : (THOWARD2-E2-P2,111.836)

he went to the Pope on their Message ; (THOWARD2-E2-P2,111.837)

the Pope granted them Relief , (THOWARD2-E2-P2,111.838)

and wrote Letters in the mean time to comfort them , which were
directed thus ; Thomae & Carolo Northumbriae & Westmorlandiae <font>
Comitibus , reliquisque Nobilibus Catholicis partium Borealium Regni
</font> Angliae : <font> To </font> Thomas <font> and </font> Charles ,
<font> Earls of </font> Northumberland <font> and </font> Westmoreland
, <font> and other of the Catholick Noblemen of the North Parts of the
Realm of </font> England . (THOWARD2-E2-P2,111.839)

Belike , so calling them noble in the fulfilling of <font> D. Story
</font> 's Promise , that by their rebellious Enterprize they were now
of Worshipful become Honourable . (THOWARD2-E2-P2,111.840)

Here was read the Effect of the Pope's Letters to the Rebels .
(THOWARD2-E2-P2,111.841)

The Letters hereof came to the Bishop of <font> Rosse </font> ;
(THOWARD2-E2-P2,111.842)

the Money was assigned in <font> Flanders </font> ;
(THOWARD2-E2-P2,111.843)

the Bishop of <font> Rosse </font> sent to the Duke of <font> Norfolk
</font> for his Advice , and for his Help to convey the Money to them .
(THOWARD2-E2-P2,111.844)

The Bishop thought it best to have the Money sent by the West-Borderers
, where the Lord <font> Harris </font> was , and with him <font>
Leonard Davis : </font> (THOWARD2-E2-P2,111.845)

the Duke , for their special displeasures to <font> Leonard Davis
</font> , was not willing that <font> Leonard Davis </font> should have
part of it ; (THOWARD2-E2-P2,111.846)

but had more mind to have his Brother of <font> Westmoreland </font>
relieved , (THOWARD2-E2-P2,111.847)

and to that end he devised with <font> Bannister </font> for the
sending of the Money . (THOWARD2-E2-P2,111.848)

In the mean time , behold how that course was interrupted :
(THOWARD2-E2-P2,111.849)

The Queen's Majesty had a Treaty with the Queen of <font> Scots </font>
, wherein one special Article was , That the Rebels should be delivered
. (THOWARD2-E2-P2,111.850)

This the <font> Scotish </font> Queen was loth (THOWARD2-E2-P2,111.851)

and liked not to do ; (THOWARD2-E2-P2,111.852)

she asked the Duke of <font> Norfolk </font> 's Counsel in it ;
(THOWARD2-E2-P2,111.853)

he advised that in no wise they should be delivered ,
(THOWARD2-E2-P2,111.854)

for that were too much against her Honour : (THOWARD2-E2-P2,111.855)

nevertheless , for that he feared that the Article concerning the
delivery of the Rebels might be some stay to such conclusion , as
otherwise they might have liked of , he gave advice that the Rebels
should depart out of <font> Scotland . (THOWARD2-E2-P2,111.856)

Rosse </font> wrote to them to that end , (THOWARD2-E2-P2,111.857)

and therewith sent them the Pope's Letters , (THOWARD2-E2-P2,111.858)

and so they all departed out of <font> Scotland </font> into <font>
Flanders </font> , except only <font> Leonard Davis </font> , who
remained with the Lord <font> Harris </font> and the Earl of <font>
Northumberland </font> , who would also fain have been gone if he might
; (THOWARD2-E2-P2,111.859)

and so by this occasion , and by <font> Bannister </font> 's means ,
was this sending of the Money into <font> Scotland </font> disappointed
. (THOWARD2-E2-P2,111.860)

Then was there another Device taken , to distribute it in <font>
Flanders </font> : (THOWARD2-E2-P2,111.861)

and because it should not all be suddenly wasted , it was agreed by the
Bishop of <font> Rosse </font> , that it should be distributed monthly
. (THOWARD2-E2-P2,111.862)

This Order was opened to the Duke by <font> Barker </font> ,
(THOWARD2-E2-P2,111.863)

the Duke liked well of it , (THOWARD2-E2-P2,111.864)

and willed it to be done accordingly . (THOWARD2-E2-P2,111.865)

A Man was sent over for this purpose , and the Money distributed .
(THOWARD2-E2-P2,111.866)

The Countess of <font> Northumberland </font> wrote over to the Bishop
of <font> Rosse </font> a Letter of Thanks . (THOWARD2-E2-P2,111.867)

Hereupon report was made to the Duke , that it was done as he had
appointed . (THOWARD2-E2-P2,111.868)

Now the Duke will ask us , What proof we have hereof ?
(THOWARD2-E2-P2,111.869)

We say , The Confessions of <font> Rosse </font> and <font> Barker
</font> . (THOWARD2-E2-P2,111.870)

Against this he taketh exception ; (THOWARD2-E2-P2,111.871)

his only answer is his bare denial , and his defacing of their Credit .
(THOWARD2-E2-P2,111.872)

He saith they are Traitors , and have confessed Treason against
themselves , and not to be received for sufficient Witnesses against
him . (THOWARD2-E2-P2,111.873)

This hath been well answered already by my Lords the Justices , that by
the Law they are sufficient Witnesses . (THOWARD2-E2-P2,111.874)

You may not stand upon your Honour and difference of Degree , and
thereby limit how far they are to be credited .
(THOWARD2-E2-P2,111.875)

But now let us examine their Credit , and their likeliness to tell
Truth , and how meet in this Case they are to be believed .
(THOWARD2-E2-P2,111.876)

First , For the Bishop of <font> Rosse </font> ,
(THOWARD2-E2-P2,111.877)

he is a wise Man , (THOWARD2-E2-P2,111.878)

he is learned , (THOWARD2-E2-P2,111.879)

he is a Bishop , (THOWARD2-E2-P2,111.880)

he is an Embassador , a great Friend to the Duke of <font> Norfolk
</font> ; so far in Credit with the <font> Scotish </font> Queen , that
he hath been the principal Doer of all her Affairs ; so the fittest Man
for this Treason , the meetest Man to be used in it , since the <font>
Scotish </font> Queen's Title is the ground of the Treason .
(THOWARD2-E2-P2,111.881)

Who then but such a Man was fit to be used ? (THOWARD2-E2-P2,111.882)

Who meeter to be heard in such a matter than he ?
(THOWARD2-E2-P2,111.883)

A <font> Scot </font> , a wise Man , well acquainted with the matters ,
well able to deal in them , ever at hand , and every way the meetest
Man . (THOWARD2-E2-P2,111.884)

He was a <font> Scot </font> , say you ; (THOWARD2-E2-P2,111.885)

the more to blame the Duke of <font> Norfolk </font> to deal so with
him , against the express Commandment of his Sovereign upon his
Allegiance , and against his own Faith , Submission , and Promise , and
so himself unworthier Man to be believed than the <font> Scotish
</font> Witness . (THOWARD2-E2-P2,111.886)

Why should the Bishop of <font> Rosse </font> accuse him falsely ?
(THOWARD2-E2-P2,111.887)

What should move him to it ? (THOWARD2-E2-P2,111.888)

He accuseth you , (THOWARD2-E2-P2,111.889)

he also proveth it against you ; (THOWARD2-E2-P2,111.890)

he is the aptest Man to know it , the aptest of all other to repeat it
. (THOWARD2-E2-P2,111.891)

And why will you say he is so oft produc'd for every matter against you
? (THOWARD2-E2-P2,111.892)

Surely great Cause , great Difference between him and all other ;
(THOWARD2-E2-P2,111.893)

he knew all ; (THOWARD2-E2-P2,111.894)

he dealt in all , (THOWARD2-E2-P2,111.895)

and where the rest had every one but his Part to play , the Bishop of
<font> Rosse </font> continually kept the Stage ;
(THOWARD2-E2-P2,111.896)

he had a long Part , (THOWARD2-E2-P2,111.897)

he answered all Men ; (THOWARD2-E2-P2,111.898)

when every Man brought forth their Tallies , he kept the Stocks of all
; (THOWARD2-E2-P2,111.899)

he speaketh of that he understandeth , (THOWARD2-E2-P2,111.900)

he speaketh credibly , (THOWARD2-E2-P2,111.901)

he carrieth Proof and Consent of other . (THOWARD2-E2-P2,111.902)

Speaketh he of Malice against the Duke ? (THOWARD2-E2-P2,111.903)

That $can $not {TEXT:cannot} be , (THOWARD2-E2-P2,111.904)

the Duke never offended him ; (THOWARD2-E2-P2,111.905)

the Duke was ever his greatest Friend , and he the greatest Friend to
the Duke , and the chief Advancer of the Marriage that the Duke so
earnestly sought , as most beneficial ; (THOWARD2-E2-P2,111.906)

he hath in his Confession touched his own Mistress , upon whom <P_112>
he depended , to whom he ought no Malice ; (THOWARD2-E2-P2,112.907)

he hath disclosed the Treacheries of the Pope ,
(THOWARD2-E2-P2,112.908)

him he hath offended , (THOWARD2-E2-P2,112.909)

he gets no more Benefices at his hand ; (THOWARD2-E2-P2,112.910)

he hath offended the King of <font> Spain </font> and the Duke of
<font> Alva </font> , (THOWARD2-E2-P2,112.911)

he is fallen out with all his Friends , (THOWARD2-E2-P2,112.912)

he is fallen from all his commodious Hopes by his Confession .
(THOWARD2-E2-P2,112.913)

Besides that , How hath he told it ? (THOWARD2-E2-P2,112.914)

Not at the first as of Malice , and desirous to do the Duke a shrewd
turn ; but with leisure , after other former Confessions .
(THOWARD2-E2-P2,112.915)

He held off , (THOWARD2-E2-P2,112.916)

and disclosed nothing , till his Face <paren> tho' it were a Face of
Brass </paren> could no longer withstand apparent Truth disclosed by
others ; (THOWARD2-E2-P2,112.917)

except he had been mad and a stark Fool , as he is very wise , he would
not have thrust himself into all those Hardinesses , to tell an untruth
to his own so great Loss and Hindrance . (THOWARD2-E2-P2,112.918)

Would he , being wise , for Malice to the Duke of <font> Norfolk
</font> , undo his own Mistress the <font> Scotish </font> Queen ; and
bring upon himself the hatred of the Duke of <font> Alva </font> , the
<font> Spanish </font> King , and the Pope ; and so lose all his
Friends , and make them his Foes , and indanger himself , and undo
himself , with confessing Treason against himself , for only Malice of
the Duke of <font> Norfolk ? </font> (THOWARD2-E2-P2,112.919)

It $can $not {TEXT:cannot} be true ; (THOWARD2-E2-P2,112.920)

I must needs believe him , because it is Treason that he speaketh of
the Man's own Faculty : (THOWARD2-E2-P2,112.921)

He is a credible Traitor . (THOWARD2-E2-P2,112.922)

If he had told us a matter of Virtue , good Life , and true Religion ,
it had been a Vanity to hear the Bishop of <font> Rosse </font> speak ;
(THOWARD2-E2-P2,112.923)

but speaking of Treason , he is the skilfullest Man , and meetest to be
heard . (THOWARD2-E2-P2,112.924)

As for <font> Hickford </font> and <font> Bannister </font> , they be
both still in Credit , (THOWARD2-E2-P2,112.925)

the Duke excepteth not against them , (THOWARD2-E2-P2,112.926)

and yet they accuse him deeply . (THOWARD2-E2-P2,112.927)

For comparison of their Values and Credit , the Duke is noble ,
(THOWARD2-E2-P2,112.928)

and these are said not able to spend five Marks .
(THOWARD2-E2-P2,112.929)

What then ? (THOWARD2-E2-P2,112.930)

Indeed their Honour is less , (THOWARD2-E2-P2,112.931)

but their Understanding is great , and their Credit sufficient .
(THOWARD2-E2-P2,112.932)

<font> Barker </font> is misliked , and counted by the Duke not worthy
to be believed . (THOWARD2-E2-P2,112.933)

It is misliked that he is still brought forth ,
(THOWARD2-E2-P2,112.934)

he is as the base Instrument still play'd on . (THOWARD2-E2-P2,112.935)

There is good cause why the Duke so continually used him :
(THOWARD2-E2-P2,112.936)

You must understand that things must be done by Means and Instruments :
(THOWARD2-E2-P2,112.937)

The Heads need the Service of inferior Members ;
(THOWARD2-E2-P2,112.938)

the Heads do devise , (THOWARD2-E2-P2,112.939)

the Hands and the Feet do put in execution . (THOWARD2-E2-P2,112.940)

If the Duke of <font> Norfolk </font> should , for every Message and
Matter to be treated with the Bishop of <font> Rosse , Rodolph </font>
, and the <font> Spanish </font> Embassador , or other , have himself
trotted thro' dirty <font> Smithfield </font> , and the Streets of
<font> London </font> , unto <font> Thames-street </font> , and other
Places , it must needs have been wondered at , (THOWARD2-E2-P2,112.941)

and would not have been without notable Suspicion .
(THOWARD2-E2-P2,112.942)

But <font> Barker </font> , a sly Fellow , sufficient for Skill ,
exercised in the Matters , acquainted with the Practices , might well
go dreaming to all Places without Suspicion . (THOWARD2-E2-P2,112.943)

Sometimes upon Robbery or a shrewd Turn done , the length of a Foot in
the Snow , or in the Mire , hath betrayed the Doer ;
(THOWARD2-E2-P2,112.944)

so the Foot may sometimes accuse the Head . (THOWARD2-E2-P2,112.945)

<font> Barker </font> was one of the Duke's Secretaries , privy to his
greatest Affairs , the Writer of his Ciphers , the common Carrier of
ciphered and deciphered Letters , the common Conveyer and Sender of his
Messages and Letters between him and the Queen of <font> Scots :
</font> (THOWARD2-E2-P2,112.946)

The Duke himself agreeth with them in confessing of sundry
Circumstances of the Matters , which he calleth his Errors and inferior
Faults ; (THOWARD2-E2-P2,112.947)

with these Men he dealt in them himself , (THOWARD2-E2-P2,112.948)

gave them Credit , (THOWARD2-E2-P2,112.949)

therefore it is no reason himself should take from them the Credit of
their Confessions . (THOWARD2-E2-P2,112.950)

But he saith there are but two of them ; (THOWARD2-E2-P2,112.951)

the Fault is in the Duke of <font> Norfolk </font> there are no more ,
(THOWARD2-E2-P2,112.952)

for there are {COM:sic} more if they were here ,
(THOWARD2-E2-P2,112.953)

and by the Duke's means they are absent : (THOWARD2-E2-P2,112.954)

<font> Liggons , Gutbert </font> , and <font> Rodolph </font> could
tell it also . (THOWARD2-E2-P2,112.955)

The one of them , <font> Liggons </font> , he hath sent away ,
(THOWARD2-E2-P2,112.956)

and findeth him in <font> France . (THOWARD2-E2-P2,112.957)

Gutbert </font> , as the Duke himself hath confessed , the Duke hath
caused to be carried away . (THOWARD2-E2-P2,112.958)

<font> Rodolph </font> is , by the Duke himself , sent out of the Realm
on his Message , and not return'd (THOWARD2-E2-P2,112.959)

<paren> it is no reason that their absence excuse him </paren> ,
(THOWARD2-E2-P2,112.960)

for it is not reason that he should take advantage of his own Wrong ,
that hath made them absent ; (THOWARD2-E2-P2,112.961)

so their absence must stand for great Testimony against him , and be
judged to concur with them that are present , and have confessed .
(THOWARD2-E2-P2,112.962)

<font> Rodolph </font> , the greatest Testimony of all , is in Person
withdrawn ; (THOWARD2-E2-P2,112.963)

but his Letters speak lively . (THOWARD2-E2-P2,112.964)

He hath testified by his Letters against the Duke , and of a matter
that himself well knew , not constrained , not examined , but with the
Tenor and Course of the Proceeding of the Treason , advertising the
Duke of the answer of his Message . (THOWARD2-E2-P2,112.965)

You say he dealt for you in other private Matters , not in the Treason
: (THOWARD2-E2-P2,112.966)

If that were so , then the Pope had not given him charge to deal with
the <font> Scotish </font> Queen and you ; the <font> Scotish </font>
Queen had not commended him to you ; the Instructions had not been so
penned ; the Answer had not been so return'd . (THOWARD2-E2-P2,112.967)

But saith the Duke , It is true , <font> Rodolph </font> talked with me
indeed , (THOWARD2-E2-P2,112.968)

he required my Letters to the Duke of <font> Alva </font> , for the
<font> Scotish </font> Queen ; (THOWARD2-E2-P2,112.969)

he moved me about these matters ; (THOWARD2-E2-P2,112.970)

but I was angry with him , (THOWARD2-E2-P2,112.971)

I would not write by him , (THOWARD2-E2-P2,112.972)

I departed from him in anger , (THOWARD2-E2-P2,112.973)

and thus in anger away he went . (THOWARD2-E2-P2,112.974)

And whither went he ? (THOWARD2-E2-P2,112.975)

Even strait to the Duke of <font> Alva </font> , and from thence to the
Pope , even to the same Places and Persons to whom he should have gone
for the Duke , if the Duke had been without anger , best pleased and
contented with his Journey . (THOWARD2-E2-P2,112.976)

To what Intent , and of what Message went he thither ?
(THOWARD2-E2-P2,112.977)

Even the same that the Duke said he was angry to be moved of , and
refused to write in . (THOWARD2-E2-P2,112.978)

What effect hath it ? (THOWARD2-E2-P2,112.979)

Gentle Audience , great Promises and Agreement to the Requests , as if
he had travailed not-1 for a Man angry at the matter , but most
desirous . (THOWARD2-E2-P2,112.980)

What Answer return'd he ? (THOWARD2-E2-P2,112.981)

Even the same that accordeth with the Instructions concerning the
Treason , the very Plat and Ground of his Message .
(THOWARD2-E2-P2,112.982)

He reporteth Questions asked by the Duke of <font> Alva </font> ,
agreeing only with the matter of the Treason , and no private Case .
(THOWARD2-E2-P2,112.983)

Would he have written answer to him that sent him not ?
(THOWARD2-E2-P2,112.984)

Would he have written as to please him with good News of a good
Audience that sent him not ? (THOWARD2-E2-P2,112.985)

From whence departed he in anger ? (THOWARD2-E2-P2,112.986)

He writeth of the Course to be kept in Execution of the Treason , which
he would not have done to him that was angry to hear of it .
(THOWARD2-E2-P2,112.987)

He braggeth of his <font> Walloons </font> , old beaten Soldiers .
(THOWARD2-E2-P2,112.988)

If the Duke of <font> Norfolk </font> had been a true Man , and angry
with the matter , as he now saith , and done his Duty ; tho' they had
come , his <font> Walloons </font> , his old beaten Soldiers , might
have been so new beaten of the old <font> English </font> Fashion , as
they were never so swinged in their Lives . (THOWARD2-E2-P2,112.989)

This Point Mr. Attorney spake with such a Grace , such Chearfulness of
Heart and Voice , as if he had been ready to be one at the doing of it
; like a hearty true <font> Englishman </font> , a good Christian , a
good Subject , a Man enough for his Religion , Prince and Country .
(THOWARD2-E2-P2,112.990)

<P_113>

If the Duke says it was the <font> Scotish </font> Queen's Message only
, and not his <paren> for advancement of her wrongful Claim by force
</paren> he knowing this , Why sought he to marry her against the
Queen's Majesty's Will , and to pursue it by force ?
(THOWARD2-E2-P2,113.992)

If he say it was <font> Barker </font> 's single Device , to send these
Messages , to procure these Treasons , and work all these Mischiefs of
his own head ; to what end I pray you should <font> Barker </font> do
it , but to advance the Marriage of the Duke his Master , and the
<font> Scotish </font> Queen ? (THOWARD2-E2-P2,113.993)

And was this without the Duke's privity ? (THOWARD2-E2-P2,113.994)

Could <font> Barker </font> compel the Duke to take a Wife at his
pleasure ? (THOWARD2-E2-P2,113.995)

Examine now all these Witnesses , (THOWARD2-E2-P2,113.996)

and weigh their Credits together ; (THOWARD2-E2-P2,113.997)

consider them severally , (THOWARD2-E2-P2,113.998)

their Credits are great ; (THOWARD2-E2-P2,113.999)

join them all together , (THOWARD2-E2-P2,113.1000)

they be much greater ; (THOWARD2-E2-P2,113.1001)

but severally examin'd , and all according to one , they be greatest of
all , and not possible to be false . (THOWARD2-E2-P2,113.1002)

Add to that the Duke's own Confessions of Circumstances concerning
himself , and their uttering of matters of Treason against themselves ;
(THOWARD2-E2-P2,113.1003)

consider the difference of dangers in telling truly or falsely :
(THOWARD2-E2-P2,113.1004)

for if they utter'd it , and it were true , then stood they but in
danger of their bodily Life ; (THOWARD2-E2-P2,113.1005)

if they should falsely accuse , yet that Accusation suffering against
themselves for Treasons , they lost both Body and Soul , in falsely
accusing others . (THOWARD2-E2-P2,113.1006)

The Duke was their Master , they his Servants , and his true Servants ,
and such as were to gain by his Prosperity ; (THOWARD2-E2-P2,113.1007)

would they untruly accuse him , the stay of their Preferment ?
(THOWARD2-E2-P2,113.1008)

For tho' they be Traitors , and howsoever they be otherwise without
Credit , yet against the Duke of <font> Norfolk </font> they are well
to be believ'd . (THOWARD2-E2-P2,113.1009)

Now on the other side against the Duke's own Credit , which he hath by
his own doings impaired and made inferior to these of lower degree :
You have heard of his Oath especially taken for the Commission at
<font> York </font> , to deal truly and sincerely ;
(THOWARD2-E2-P2,113.1010)

he kept it not , (THOWARD2-E2-P2,113.1011)

he so dealt as if an Oath were of no great weight with him .
(THOWARD2-E2-P2,113.1012)

His Oath of a Counsellor he hath broken , both in disclosing of Secrets
, and in giving advice to a foreign Prince , and a Competitor of the
Queen's Crown , against the Queen's Majesty his Sovereign Lady .
(THOWARD2-E2-P2,113.1013)

Now may it not be that these Men of mean degree and value , against
whom it is not alledg'd that they have been at any time perjured , may
be produced and credited against him that hath so little esteem'd his
Oath ? (THOWARD2-E2-P2,113.1014)

I have heard also , that there was an Oath wilfully taken upon a Bible
, in denying of things laid to his charge , (THOWARD2-E2-P2,113.1015)

and yet the matter was found true , and by himself within a short space
confessed : so that his Oath , his Hand , and his Word , bear no sway
with him . (THOWARD2-E2-P2,113.1016)

He submitted himself , (THOWARD2-E2-P2,113.1017)

he subscribed his Submission , (THOWARD2-E2-P2,113.1018)

and seal'd it ; (THOWARD2-E2-P2,113.1019)

he added solemn Promises upon his Faith and Allegiance , not to proceed
in the Marriage between the <font> Scotish </font> Queen and himself :
(THOWARD2-E2-P2,113.1020)

but he kept not touch , (THOWARD2-E2-P2,113.1021)

he broke Promise also , (THOWARD2-E2-P2,113.1022)

and yet he saith his Hand , Mouth and Heart go together .
(THOWARD2-E2-P2,113.1023)

If they go together in the right way , it is well ;
(THOWARD2-E2-P2,113.1024)

but when they go together in Untruth , it is evil and dangerous :
(THOWARD2-E2-P2,113.1025)

therefore it is not for my Lord of <font> Norfolk </font> to stand so
much upon the discrediting of the Witnesses , and advancing of his own
Credit , which himself hath so much decayed . (THOWARD2-E2-P2,113.1026)

Now I will go to the Proof . (THOWARD2-E2-P2,113.1027)

<font> Duke . </font> I shall hardly come , after so smooth a Tale as
Mr. Attorney of the Wards can tell ; (THOWARD2-E2-P2,113.1028)

yet one good Proof I have to my Comfort , that they be as please your
Lordships to weigh them . (THOWARD2-E2-P2,113.1029)

If you would not have dealt thus untruly with me , I would not have
taken exception against them , tho' I chiefly challenge none but <font>
Barker </font> , in whom you may see what Fear may do ;
(THOWARD2-E2-P2,113.1030)

besides that they have confessed themselves Traitors , and so Men of no
Conscience or Credit . (THOWARD2-E2-P2,113.1031)

It is well known that <font> Barker </font> 's Stomach is nothing ;
(THOWARD2-E2-P2,113.1032)

he hath been known well enough . (THOWARD2-E2-P2,113.1033)

Fear hath done much in him . (THOWARD2-E2-P2,113.1034)

The Bishop of <font> Rosse </font> is also a fearful Man .
(THOWARD2-E2-P2,113.1035)

As touching <font> Barker </font> and the Bishop of <font> Rosse ,
Bracton </font> hath a Saying , That Witnesses must be Freemen and not
Traitors , neither outlawed nor attainted . (THOWARD2-E2-P2,113.1036)

<font> Catlin . </font> None of them be outlaw'd , attainted , or
indicted . (THOWARD2-E2-P2,113.1037)

<font> Duke . </font> I mean not that they were indicted ,
(THOWARD2-E2-P2,113.1038)

but they be in as ill Case , (THOWARD2-E2-P2,113.1039)

for they have confessed themselves Traitors . (THOWARD2-E2-P2,113.1040)

He saith also , they must be <font> Legales </font> , lawful Men ,
(THOWARD2-E2-P2,113.1041)

and so $can $not {TEXT:cannot} Strangers be , as the Bishop of <font>
Rosse </font> and <font> Rodolph </font> ; (THOWARD2-E2-P2,113.1042)

it is these Strangers that charge me only , (THOWARD2-E2-P2,113.1043)

the other having dealt so disloyally , and confessed it against
themselves , are not to be believ'd . (THOWARD2-E2-P2,113.1044)

As for <font> Barker </font> , I have not used him as my Secretary
these thirteen years : (THOWARD2-E2-P2,113.1045)

he entered with the Bishop of <font> Rosse </font> ,
(THOWARD2-E2-P2,113.1046)

and dealt with him in these Matters against my Knowledge .
(THOWARD2-E2-P2,113.1047)

<font> Catlin . Bracton </font> indeed is an old Writer of our Law ,
(THOWARD2-E2-P2,113.1048)

and by <font> Bracton </font> he may be a Witness ;
(THOWARD2-E2-P2,113.1049)

a Stranger , a Bondman may be a Witness : (THOWARD2-E2-P2,113.1050)

Ask you all the Judges here . (THOWARD2-E2-P2,113.1051)

And the Judges affirmed that he may . (THOWARD2-E2-P2,113.1052)

<font> Duke . </font> If a Stranger be to give Evidence whereby Lands
should be recovered , you shall not recover upon that Evidence given by
a Stranger . (THOWARD2-E2-P2,113.1053)

<font> Wilbraham . </font> This were a strange Device , that <font>
Scots </font> might not be Witnesses ; (THOWARD2-E2-P2,113.1054)

for so , if a Man would commit Treason , and make non privy but <font>
Scots </font> , the Treason were unpunishable ;
(THOWARD2-E2-P2,113.1055)

and so were a kind of Men found out , with whom a Man might freely
conspire Treason . (THOWARD2-E2-P2,113.1056)

<font> Duke . </font> You say my Indictment is only upon the Statute of
25 <font> Edward </font> III . (THOWARD2-E2-P2,113.1057)

That Statute standeth upon three points , compassing the Death of the
Prince's Person , levying of War against the Prince , and aiding of the
Prince's Enemies ; (THOWARD2-E2-P2,113.1058)

and all these must be prov'd Overt-fact . (THOWARD2-E2-P2,113.1059)

If by any way , by any Overt-fact , you can prove that I have directly
touch'd the Prince's Person , or done any of the said things that the
Statute extendeth to , I will yield myself guilty .
(THOWARD2-E2-P2,113.1060)

If any thing be doubtful , the Statute referreth it to the Judgment of
the Parliament . (THOWARD2-E2-P2,113.1061)

<font> Catlin . </font> Usage is the best Expounder of the Law , that
is , the common Use how the Statute hath been taken and expounded ;
(THOWARD2-E2-P2,113.1062)

and the same Statute is but the Declaration of the common Law .
(THOWARD2-E2-P2,113.1063)

<font> Duke . </font> The Preamble of the Statute is to bring the Laws
of Treason to a certainty , that Men may certainly know what is Treason
. (THOWARD2-E2-P2,113.1064)

<font> Attorney-Gen. </font> You complained of your close keeping ,
that you had no Books to provide for your Answer ;
(THOWARD2-E2-P2,113.1065)

it seemeth you have had Books and Counsel , (THOWARD2-E2-P2,113.1066)

you alledge Books , Statutes , and <font> Bracton </font> ;
(THOWARD2-E2-P2,113.1067)

I am sure the study of such Books is not your Profession .
(THOWARD2-E2-P2,113.1068)

<font> Duke . </font> I have been in Trouble these two Years ,
(THOWARD2-E2-P2,113.1069)

think you that in all this time I have not had cause to look for myself
? (THOWARD2-E2-P2,113.1070)

<font> Attorney-Gen. </font> But if you stand still upon proof ,
whether you have done any thing to the Destruction of the Prince's
Person , if the Lords upon the Evidence already produced , do think the
Matters true in Fact that are already alledged against you , surely the
same must needs be construed a compassing of the Queen's Death ;
(THOWARD2-E2-P2,113.1071)

for the Law of Treason hath ever been <P_114> largely construed for the
Prince's Safety . (THOWARD2-E2-P2,114.1072)

Think you that practising to levy War within the Realm is not Treason ?
(THOWARD2-E2-P2,114.1073)

Yes indeed is it ; and a compassing of the Prince's Death .
(THOWARD2-E2-P2,114.1074)

Sir <font> William Stanley </font> 's Case was this :
(THOWARD2-E2-P2,114.1075)

He did but send <font> Clifford </font> over Sea , to hearken and send
him word what <font> Perkin Warbeck </font> was ; that if he thought
<font> Perkin </font> was such a Man as he was said to be , he would
take his part . (THOWARD2-E2-P2,114.1076)

This was <font> Stanley </font> 's Case , (THOWARD2-E2-P2,114.1077)

and this was judged Treason , and a compassing of the King's Death .
(THOWARD2-E2-P2,114.1078)

