After the reading of the Indictment , the Clerk of the Crown said to
the Duke ; How say'st thou , Thomas Duke of
Norfolk , (THOWARD2-E2-P1,1,86.2)
art thou guilty of these Treasons whereof thou art indicted , in manner
and form as thou art thereof indicted , Yea or No ?
(THOWARD2-E2-P1,1,86.3)
Thereupon the Duke began , (THOWARD2-E2-P1,1,86.4)
and said to this effect : (THOWARD2-E2-P1,1,86.5)
May it please your Grace , and you the rest of my Lords here , The
hearing of this Indictment giveth me occasion to enter into the making
of a Suit , which I meant not to have done before my coming hither :
(THOWARD2-E2-P1,1,86.6)
I beseech you , if the Law will permit it , that I may have Counsel
allow'd me for the answering of this Indictment .
(THOWARD2-E2-P1,1,86.7)
The Lord Chief Justice answer'd , That in case of High-Treason he $can
$not {TEXT:cannot} have Counsel allow'd : And that he was to answer to
his own Fact only , which himself best knew , and might without Counsel
sufficiently answer . (THOWARD2-E2-P1,1,86.8)
Duke . That you may understand that I speak it not
without some ground , these be the Causes that move me to make this
Suit : (THOWARD2-E2-P1,1,86.9)
I was told before I came here , that I was indicted upon the Statute of
the 25th of Edward III . (THOWARD2-E2-P1,1,86.10)
I have had very short warning to provide to answer so great a matter ;
(THOWARD2-E2-P1,1,86.11)
I have not had fourteen Hours in all , both day and night ,
(THOWARD2-E2-P1,1,86.12)
and now I neither hear the same Statute alledged ,
(THOWARD2-E2-P1,1,86.13)
and yet I am put at once to the whole Herd of Laws , not knowing which
Particularity to answer unto . (THOWARD2-E2-P1,1,86.14)
The Indictment containeth sundry Points and Matters to touch me by
Circumstance , and so to draw me into matter of Treason , which are not
Treasons themselves : (THOWARD2-E2-P1,1,86.15)
Therefore with Reverence and humble Submission I am led to think I may
have Counsel . (THOWARD2-E2-P1,1,86.16)
And this I shew , that you may think I move not this Suit without any
ground . (THOWARD2-E2-P1,1,86.17)
I am hardly handled , (THOWARD2-E2-P1,1,86.18)
I have had short warning , and no Books , neither Book of Statutes ,
nor so much as the Breviate of Statutes . (THOWARD2-E2-P1,1,86.19)
I am brought to fight without a Weapon : (THOWARD2-E2-P1,1,86.20)
yet I remember one Case in Law , (THOWARD2-E2-P1,1,86.21)
I think it is in the First Year of King Henry VII .
(THOWARD2-E2-P1,1,86.22)
It is the Case of one Humphrey Stafford , which was
indicted of High-Treason , and had Counsel allowed him :
(THOWARD2-E2-P1,1,86.23)
If the Precedent in his Case be such , as it may extend to me , I
require it at your hands , that I may have it allow'd :
(THOWARD2-E2-P1,1,86.24)
I shew you my ground why I crave it , (THOWARD2-E2-P1,1,86.25)
I refer me to your Opinions therein . (THOWARD2-E2-P1,1,86.26)
Then Sir James Dyer , Lord Chief Justice of the
Common-Pleas , said ; My Lord , That Case of Humphrey Stafford
in primo of Henry VII. was about
pleading of Sanctuary , for that he was taken out of Sanctuary at
Culneham , which belong'd to the Abbot of
Abingdon : (THOWARD2-E2-P1,1,86.27)
So the Question was , whether he should be allowed Sanctuary in that
Case , and with that Form of Pleading , which was matter of Law : In
which Case he had Counsel , and not upon the Point of Fact of
High-Treason ; but only for the Allowance of Sanctuary , and whether it
might be allowed , being claimed by Prescription , and without shewing
any former Allowances in Eier , and such like Matters ;
(THOWARD2-E2-P1,1,86.28)
but all our Books do forbid allowing of Counsel in the Point of Treason
; (THOWARD2-E2-P1,1,86.29)
but only it is to be answered Guilty , or not Guilty .
(THOWARD2-E2-P1,1,86.30)
Duke . Humphrey Stafford 's Case was
High-Treason , (THOWARD2-E2-P1,1,86.31)
and he had Counsel . (THOWARD2-E2-P1,1,86.32)
I must submit my self to your Opinions : (THOWARD2-E2-P1,1,86.33)
I beseech you , weigh what Case I stand in . (THOWARD2-E2-P1,1,86.34)
I stand here before you for my Life , Lands and Goods , my Children and
my Posterity , and that which I esteem most of all , for my Honesty ;
(THOWARD2-E2-P1,1,86.35)
I forbear to speak of my Honour . (THOWARD2-E2-P1,1,86.36)
I am unlearn'd : (THOWARD2-E2-P1,1,86.37)
if I ask any thing , and not in such Words as I ought , I beseech you
bear with me , (THOWARD2-E2-P1,1,86.38)
and let me have that Favour that the Law allows me .
(THOWARD2-E2-P1,1,86.39)
If the Law do not allow me Counsel , I must submit me to your Opinions
. (THOWARD2-E2-P1,1,86.40)
I beseech you , consider of me ; (THOWARD2-E2-P1,1,86.41)
my Blood will ask Vengeance , if I be unjustly condemn'd :
(THOWARD2-E2-P1,1,86.42)
I honour your Learnings and your Gravities : (THOWARD2-E2-P1,1,86.43)
I beseech you , have Consideration of me , (THOWARD2-E2-P1,1,86.44)
and grant me what the Law will permit me . (THOWARD2-E2-P1,1,86.45)
I am now to make another Suit to you , my Lords the Judges :
(THOWARD2-E2-P1,1,86.46)
I beseech you , tell me , if my Indictment be perfect and sufficient in
Law ; and whether in Whole , or in the Parts , and in which Parts ,
that I may know to what I should answer . (THOWARD2-E2-P1,1,86.47)
Lord Chief Justice Catlin . The Lord Ch. Justice said ,
For the Sufficiency of your Indictment , it hath been well debated and
consider'd by us all ; (THOWARD2-E2-P1,1,86.48)
and we have all , with one Assent , resolv'd , and so do certify you ,
that if the Causes in the Indictment expressed be true in Fact , the
Indictment is wholly and in every Part sufficient .
(THOWARD2-E2-P1,1,86.49)
Duke . Be all the Points Treasons ?
(THOWARD2-E2-P1,1,87.51)
L. Ch. Just. Catlin . All be Treasons , if the Truth of
the Case be so in Fact . (THOWARD2-E2-P1,1,87.52)
Duke . I will tell you what moveth me to ask you this ;
(THOWARD2-E2-P1,1,87.53)
I have heard of the Case of the Lord Scroope ;
(THOWARD2-E2-P1,1,87.54)
it was in the time of Henry the IVth the
Judges said Henry the Vth he confess'd
the Indictment , and yet travers'd that the points thereof were no
Treasons . (THOWARD2-E2-P1,1,87.55)
L. Ch. Just. Catlin . My Lord , he had his Judgment for
Treason upon that Indictment , (THOWARD2-E2-P1,1,87.56)
and was executed . (THOWARD2-E2-P1,1,87.57)
Then the Clerk of the Crown said again , How sayest thou ,
Thomas Duke of Norfolk ,
(THOWARD2-E2-P1,1,87.58)
art thou guilty of the Treasons whereof thou are here indicted in
Manner and Form as thou are indicted , Yea , or No ?
(THOWARD2-E2-P1,1,87.59)
The Duke answer'd , Not Guilty . (THOWARD2-E2-P1,1,87.60)
The Clerk said , By whom wilt thou be try'd ? (THOWARD2-E2-P1,1,87.61)
The Duke said , By God and my Peers . (THOWARD2-E2-P1,1,87.62)
Then the Duke spake to the Lords , (THOWARD2-E2-P1,1,87.63)
and said thus : Now I am not to use a short Speech , which I meant
before to have used , but that the reading of the Indictment hath
driven me to other Occasions . (THOWARD2-E2-P1,1,87.64)
Altho' these heinous Treasons and outrageous Faults objected against me
, do much abash me ; yet I conceive no small comfort , to think under
how gracious a Queen and Sovereign Lady I live , which well appeareth
by her most gracious Proceeding with me according to the Course of Law
. (THOWARD2-E2-P1,1,87.65)
Her Majesty seeketh not my Blood , (THOWARD2-E2-P1,1,87.66)
but giveth me the Trial which the Laws admit , and in the most
favourable manner that I can require ; for which I am most bounden to
her Majesty . (THOWARD2-E2-P1,1,87.67)
Now I am to make two Suits : The one to your Grace , my Lord High
Steward , That as your Place requireth to do justice , so it may please
you to extend to me your lawful Favour , that I may have Justice , and
that I may not be overlaid in Speeches : (THOWARD2-E2-P1,1,87.68)
My Memory was never good , (THOWARD2-E2-P1,1,87.69)
it is now much worse than it was ; (THOWARD2-E2-P1,1,87.70)
sore Troubles , sore Cares , Closeness in Prison , evil Rest , have
much decay'd my Memory ; so as I pray God , that this day it fail me
not , (THOWARD2-E2-P1,1,87.71)
and another time I will forgive it : (THOWARD2-E2-P1,1,87.72)
I beseech this of you , my Lord High Steward . (THOWARD2-E2-P1,1,87.73)
The second Request , I thought to make to you , my Lords , my Peers :
(THOWARD2-E2-P1,1,87.74)
I think myself happy to have my Trial in such a Company .
(THOWARD2-E2-P1,1,87.75)
A much greater Matter , if I could have greater , I durst put it into
your hands , and a very few excepted even into every
one of your hands singly ; (THOWARD2-E2-P1,1,87.76)
that Opinion I have of you . (THOWARD2-E2-P1,1,87.77)
I know Religion beareth a stroke among you , which I hope , so ruleth
your Consciences , that for no Respect you will swerve from Justice ;
(THOWARD2-E2-P1,1,87.78)
you will not bring a Worm into your own Consciences ;
(THOWARD2-E2-P1,1,87.79)
you will not burden your Souls with condemning me wrongfully ;
(THOWARD2-E2-P1,1,87.80)
you will not do what God's Law and Right alloweth not :
(THOWARD2-E2-P1,1,87.81)
This above all things comforteth me , next unto her Majesty's most
gracious Favour of my lawful Trial . (THOWARD2-E2-P1,1,87.82)
If I had not made a full Account to have this for the way of my lawful
Purgation , I needed not to have been here at this time , neither for
Matters pass'd two Years ago , nor for that whereof I am charg'd at
this present . (THOWARD2-E2-P1,1,87.83)
I have chosen , my Peers , (THOWARD2-E2-P1,1,87.84)
I have chosen rather to come here to be try'd by you , than with
needless and cowardly running away , to have left a Gap open for my
Enemies slanderously to lay to my charge in my absence what they could
maliciously invent . (THOWARD2-E2-P1,1,87.85)
I have this day tho' I am sorry for any Cause to come in this
Case before you even the day that I could wish to be tried by
such Peers . (THOWARD2-E2-P1,1,87.86)
I will not enter into Particularities , and discourse my whole Cause at
large , but answer from Point to Point , as I shall be charged ;
(THOWARD2-E2-P1,1,87.87)
for my Memory was never good , (THOWARD2-E2-P1,1,87.88)
and it is now worse than ever it was . (THOWARD2-E2-P1,1,87.89)
Yet one Request more I beseech of you , my Peers , which I with Favour
may ask , and you with Justice may grant : (THOWARD2-E2-P1,1,87.90)
Unhappy Man that I am , tho' I have to this Indictment pleaded Not
Guilty of the Treasons therein objected against me , nor of no Treasons
; yet I confess , as I have with all Humility , and with Tears
confess'd , and as some of you , my Lords , here present can witness ,
that I have neglected my Duty to the Queen's most Excellent Majesty ,
in Case inferiour to Treason , and that be no Parts of Treason :
(THOWARD2-E2-P1,1,87.91)
I have laid them at her Majesty's feet , (THOWARD2-E2-P1,1,87.92)
and pour'd them forth before her in Confession , so far as my
Conscience will suffer me to declare . (THOWARD2-E2-P1,1,87.93)
Let , I beseech you , neither my Confession already made of inferiour
Faults , that be not in compass of Treason ; nor , if I shall now in
mine Answers confess them again , if they be objected against me ; lead
you to judge the worse of me in the greater Case .
(THOWARD2-E2-P1,1,87.94)
Let each Fault have his own Pine ; (THOWARD2-E2-P1,1,87.95)
I beseech you , remember the Differences and Degrees of Offences , and
not to mix my smaller Faults with this great Cause :
(THOWARD2-E2-P1,1,87.96)
let these mean Crimes rest at her Majesty's Feet , where I with all
humility have laid them . (THOWARD2-E2-P1,1,87.97)
Thus I beseech you all , have consideration of me .
(THOWARD2-E2-P1,1,87.98)
Then spake the Queen's Serjeant , Mr. Barrham ,
(THOWARD2-E2-P1,1,87.99)
and said to this effect : It hath appear'd to your Grace and your
Lordships all , that the Duke of Norfolk is by this
Indictment charged with three principal Points of High Treason :
(THOWARD2-E2-P1,1,87.100)
the first is , That forgetting his Allegiance and Duty to his Sovereign
Lady the Queen , he hath traitorously imagin'd , devis'd and practis'd
, to deprive and depose the Queen's Majesty of and from the Crown of
this Realm , and her Royal Style , Name and Dignity , and to bring her
to Death and Destruction ; and so to alter the whole State of
Government of this Realm . (THOWARD2-E2-P1,1,87.101)
The second Point is , That he hath traitorously reliev'd and comforted
the English Rebels that levy'd War against her Majesty
within her Realm , and which since fled into Scotland ,
and from thence beyond the Sea . (THOWARD2-E2-P1,1,87.102)
The third Point is , That he hath traitorously given Relief and
Maintenance to the Duke of Chastelleroy , the Earl of
Huntley , the Lord Harris , the Lord
Hume , and other Scots , the Queen's
Majesty's publick Enemies , Succourers and Detainers of the said Rebels
. (THOWARD2-E2-P1,1,87.103)
To prove these great Treasons , there is in this Indictment set forth
unto you good and sufficient Matter ; (THOWARD2-E2-P1,1,87.104)
first , to prove that the Duke of Norfolk sought ,
imagin'd , compass'd and practis'd to deprive and depose the Queen's
Majesty of her Royal Crown , Estate and Dignity ; and consequently to
bring her to Death and Destruction , are alleg'd two matters :
(THOWARD2-E2-P1,1,87.105)
The first is , That the Duke knowing the Scotish Queen
falsely and unjustly to claim and pretend Title , to have and enjoy the
present possession of the Crown of England ; and that
she untruly usurp'd the Name and Style of this Realm ; and that she
gave and quarter'd the Arms of England without
Difference ; and that she continued in that Fact , and usurp'd Claim
without Renunciation thereof , and without acknowledging her Error unto
the Queen's Majesty , tho' she hath been thereto requir'd : He , I say
, knowing all this , yet without the Queen's Majesty's Assent , against
her Majesty's special and express Commandment upon his
Allegiance , and against his own Promise and Protestation upon his
Faith , hath nevertheless secretly sought and practis'd to join himself
with the said Scotish Queen in Marriage , and to advance
and maintain her said false and pretended Title to the present
Possession of the Crown of this Realm ; which $can $not {TEXT:cannot}
be without purpose to depose and deprive the Queen's Majesty , and
consequently to bring her to Death and Destruction .
(THOWARD2-E2-P1,1,88.106)
The second is , that the Duke of Norfolk hath conspired
and practised to procure Strangers to enter into this Realm , and
invade the same , and to make open War against her Majesty , within her
own Realm ; and so forcibly to work her Deposing , Deprivation , Death
and Destruction . (THOWARD2-E2-P1,1,88.107)
Hereupon the said Duke hath pleaded Not Guilty ,
(THOWARD2-E2-P1,1,88.108)
and for his Trial hath put himself upon his Peers ; yours therefore in
the Trial . (THOWARD2-E2-P1,1,88.109)
And now for Evidence to prove him guilty of the Treasons contain'd in
the said Indictment , it may please your Lordships to hear such a
Matter as I shall for the Queen bring forth against him .
(THOWARD2-E2-P1,1,88.110)
Duke . I am occasion'd , by the Speech of Mr.
Serjeant , to gather what I shall find in the rest of them ; a
Meaning with Circumstance to draw me into Treason , with Eloquence to
overlay me , and to exasperate Matters extremely against me , and to
enforce things that be not Treasons indeed . (THOWARD2-E2-P1,1,88.111)
I beseech you , my Masters , for God's sake do your Duty ,
(THOWARD2-E2-P1,1,88.112)
remember Equity , (THOWARD2-E2-P1,1,88.113)
consider Conscience , and what I am : (THOWARD2-E2-P1,1,88.114)
I am no Stranger , (THOWARD2-E2-P1,1,88.115)
I am a Christian Man , and an English Man .
(THOWARD2-E2-P1,1,88.116)
You may do your Duties to the Queen sufficiently , and yet deal
conscionably with me , and heap not , unconscionably , Circumstances to
cloy my Memory . (THOWARD2-E2-P1,1,88.117)
Go directly to the Indictment : (THOWARD2-E2-P1,1,88.118)
It is no Praise nor Glory for you to overlay me .
(THOWARD2-E2-P1,1,88.119)
I am unlearned , unable to speak , and worst of all to speak for myself
; (THOWARD2-E2-P1,1,88.120)
I have neither good Utterance , as the World well knoweth , nor
Understanding : (THOWARD2-E2-P1,1,88.121)
For God's sake do not overlay me with superfluous Matter .
(THOWARD2-E2-P1,1,88.122)
One thing I had forgotten : (THOWARD2-E2-P1,1,88.123)
I know a Man suspected is half condemn'd . (THOWARD2-E2-P1,1,88.124)
Now as it happen'd in my last Trouble , so at this time there want not
to put abroad to the World , and heap up things which I never thought ;
(THOWARD2-E2-P1,1,88.125)
and great number of such there be , as I see many here at this present
. (THOWARD2-E2-P1,1,88.126)
They have publish'd , that I took an Oath of things which afterwards
prov'd contrary ; (THOWARD2-E2-P1,1,88.127)
blame me not that I mistrust the worse , because I have found the worst
. (THOWARD2-E2-P1,1,88.128)
But to take away scruple from you , true it is , that I took an Oath ,
but not generally , but to special Points . (THOWARD2-E2-P1,1,88.129)
And now when I take Oath to Points , to draw me to the Whole , and to
take Pars pro Toto , is great Injury .
(THOWARD2-E2-P1,1,88.130)
To prove that I took that Oath to Parts , and not to the Whole , I
refus'd to set my Hand without expressing of the Point ;
(THOWARD2-E2-P1,1,88.131)
for my Hand , my Oath , and my Heart shall go all together .
(THOWARD2-E2-P1,1,88.132)
And for further Proof that my Oath was but to special Points , I can
name good Witnesses to whom I did presently , within three hours after
my Oath taken , specially report the three Points that I made mine Oath
unto . (THOWARD2-E2-P1,1,88.133)
This , I say , to take from the Scruple of such Matter as I have been
charg'd with , and which perhaps you have heard of me to my discredit .
(THOWARD2-E2-P1,1,88.134)
Then said Mr. Serjeant Barrham , I have yet given no
Evidence , (THOWARD2-E2-P1,1,88.135)
and for that Oath you are not once yet charged withal .
(THOWARD2-E2-P1,1,88.136)
I have done nothing yet , (THOWARD2-E2-P1,1,88.137)
but recited the Matters contain'd in the Indictment :
(THOWARD2-E2-P1,1,88.138)
now will I bring forth Matter for the Queen in Evidence ,
(THOWARD2-E2-P1,1,88.139)
and will prove the things in the Indictment to be true .
(THOWARD2-E2-P1,1,88.140)
There are alledg'd three great Treasons , as I have before said :
(THOWARD2-E2-P1,1,88.141)
the first only I will deal with , that is , to prove that the Duke of
Norfolk imagin'd , compass'd and conspir'd , to deprive
and depose the Queen's Majesty , our Sovereign Lady , of her Crown and
Royal Estate and Dignity : (THOWARD2-E2-P1,1,88.142)
and I will use the second Matter but for Inducement of the first , by
shewing how the Scotish Queen falsely and unjustly
claim'd the present Possession of the Crown of this Realm ; and that he
knowing that the Scotish Queen so unjustly claim'd the
said Crown , that she quarter'd the Arms of England ,
that she usurp'd the Style and Royal Name ; that she hath not
acknowledged her Error , nor renounc'd her untrue and unjust Claim and
Usurpation , tho' she hath been requir'd thereunto ; and whereto
himself hath been privy , and hath dealt in Treaty , as a chief
Commissioner for the Queen's Majesty for that purpose :
(THOWARD2-E2-P1,1,88.143)
This Matter , I say , I will set out ; how he knowing all this , yet
without the Assent of the Queen's Majesty , against her Highness's
express Commandment upon his Allegiance , against his own Faith and
Promise to the contrary , practis'd to join himself in Marriage with
the said Queen of Scots : (THOWARD2-E2-P1,1,88.144)
and I mean to join thereto an Intent of his , to advance and maintain
that unjust Title of the Scotish Queen .
(THOWARD2-E2-P1,1,88.145)
If then this attempting to join himself in Marriage with the
Scotish Queen shall be prov'd unto you , and that he knew of
her unjust Claim and Pretence of Title , and that thereby he join'd
himself to advance and maintain the said Title , this must needs tend
to a Purpose and imagining to depose and deprive the Queen's Majesty ,
and thereupon consequently to bring her to Death and Destruction ,
which is High Treason within the Compass of the Statute of 25 of King
Edward III . (THOWARD2-E2-P1,1,88.146)
For whoso shall imagine and go about to maintain a Title to the present
Possession of the Queen's Crown , and to join himself in Marriage with
her that so claimeth , without doubt he meaneth to aspire to the Crown
himself ; (THOWARD2-E2-P1,1,88.147)
and so meaning , it plainly followeth , that he $can $not {TEXT:cannot}
suffer her Majesty to reign , and his Jealousy $can $not {TEXT:cannot}
suffer her to live where he desireth to reign .
(THOWARD2-E2-P1,1,88.148)
Now will I show you the manner of his procuring to match himself in
Marriage with the Scotish Queen , and first the
beginning thereof : (THOWARD2-E2-P1,1,88.149)
first of all , to prove how secretly he dealt to that end , by Suits
and Means , before he was a Commissioner , to examine Causes between
the Scotish Queen , and the young King her Son , and
other the Lords of Scotland . (THOWARD2-E2-P1,1,88.150)
Before that time there were secret suits and Practices between them by
Motions , by Messages , by Letters and Tokens , and pleaded so far
forth , as that the Scotish Queen took it , that she was
assur'd of his Good-Will . (THOWARD2-E2-P1,1,88.151)
For when Commission was directed to him , and to the Earl of
Sussex , and to Sir Ralph Sadler , Counsellors
of the Dutchy of Lancaster , the Scotish
Queen had repos'd full Affiance in the Duke of Norfolk ,
to have at his Hands favourable hearing ; (THOWARD2-E2-P1,1,88.152)
and so she reported , (THOWARD2-E2-P1,1,88.153)
and so indeed it follow'd . (THOWARD2-E2-P1,1,88.154)
And where you speak of an Oath , and seem so loath to be disprov'd ,
and would so feign have it taken , that your Oath , Hand , and Heart go
all together ; there was an Oath specially appointed for the
Commissioners , that they should deal in that matter between the
Scotish Queen and her Son and Nobility , directly , sincerely ,
and uprightly , and to weigh all things that should be objected or
answer'd on either part indifferently without all Partiality .
(THOWARD2-E2-P1,1,89.155)
Then after this Oath taken , the Duke being the first nam'd
Commissioner , this Oath notwithstanding , dealt indirectly ,
(THOWARD2-E2-P1,1,89.156)
deceiv'd the Queen's Majesty's Trust , (THOWARD2-E2-P1,1,89.157)
and demean'd him partially against his said Oath , wherein he committed
wilful Perjury : (THOWARD2-E2-P1,1,89.158)
Besides that , without regard of his Oath of a sworn Counsellor to the
Queen's Majesty of her Privy Council , he disclosed her Majesty's
Secrets , (THOWARD2-E2-P1,1,89.159)
and fell to practising for matching himself with the Scotish
Queen in Marriage . (THOWARD2-E2-P1,1,89.160)
Now shall I prove his knowledge at the same time , that the
Scotish Queen pretended Title to the present Possession of the
Crown of this Realm . (THOWARD2-E2-P1,1,89.161)
Duke . Then the Duke ask'd , if all the Treasons
contain'd in his Indictment were upon the Statute of King Edward
III . (THOWARD2-E2-P1,1,89.162)
And it was answered by Mr. Serjeant and Mr.
Attorney-General , that they were grounded upon the same
Statute only . (THOWARD2-E2-P1,1,89.163)
Then the Duke began thus : (THOWARD2-E2-P1,1,89.164)
Here the Matters that Mr. Serjeant hath prov'd against
me stand in two Points ; by which he chargeth me with imagining the
Deprivation and Death of the Queen's Majesty , and with indirect and
untrue Dealing in the Scotish Queen's Cause ;
(THOWARD2-E2-P1,1,89.165)
and therein he burdeneth me with Perjury . (THOWARD2-E2-P1,1,89.166)
The Scotish Cause hath divers Pleas ,
(THOWARD2-E2-P1,1,89.167)
and therefore bear with me , I pray you , if I cast back again to
rehearse my doing therein , (THOWARD2-E2-P1,1,89.168)
for my Memory is not good : (THOWARD2-E2-P1,1,89.169)
As for my Dealing therein , God is my Witness , that I have done
uprightly . (THOWARD2-E2-P1,1,89.170)
Serj. Then Mr. Serjeant urged him to
confess if he had knowledge that the Scotish Queen
pretended Title to the present Possession of the Crown of
England ; offering , if the Duke would deny it , to make proof
of it . (THOWARD2-E2-P1,1,89.171)
Duke . The Duke said , I will make mine own Confession ;
(THOWARD2-E2-P1,1,89.172)
I pray you to teach me not how to answer or confess , because it is the
first ground that you build upon against me : (THOWARD2-E2-P1,1,89.173)
and because I know not whether my Peers do all know it or no , I will
make a short Declaration of my Doings in that Matter with the
Scotish Queen . (THOWARD2-E2-P1,1,89.174)
Serj. First we pray your Grace speaking to the
Lord High Steward that he may directly answer , whether he
knew that the Scotish Queen so claim'd or no ;
(THOWARD2-E2-P1,1,89.175)
if he say no , we will prove it . (THOWARD2-E2-P1,1,89.176)
Duke . Then being ruled over by the Lord High Steward ,
that he should answer directly to that Question , he answer'd , that
indeed he knew that she had so claim'd , but with Circumstance .
(THOWARD2-E2-P1,1,89.177)
Serj. Say plainly , (THOWARD2-E2-P1,1,89.178)
Did you know it or no ? (THOWARD2-E2-P1,1,89.179)
for if you say nay , we can prove it . (THOWARD2-E2-P1,1,89.180)
Duke . You handle me hardly , (THOWARD2-E2-P1,1,89.181)
you would so trap me by Circumstance , and infer upon me that she was
the Queen's Enemy , and so make me a Traitor .
(THOWARD2-E2-P1,1,89.182)
I will answer directly to the whole Matter of my Dealing with her .
(THOWARD2-E2-P1,1,89.183)
Serj. Answer to the parts as they fall out .
(THOWARD2-E2-P1,1,89.184)
Did you know that she claim'd the present Possession of the Crown ?
That she usurp'd the Arms and Royal Style of this Realm ? And that she
made no Renunciation of that usurp'd Pretence ?
(THOWARD2-E2-P1,1,89.185)
If you say you knew it not , we will prove every part of it .
(THOWARD2-E2-P1,1,89.186)
Duke . I did not know it in such sort as is alledg'd ;
(THOWARD2-E2-P1,1,89.187)
I know that Renunciation of that Claim was offer'd , and upon certain
Causes respited . (THOWARD2-E2-P1,1,89.188)
Serj. It is well known , and yourself then knew it ,
that the Scotish Queen claim'd the present Possession of
the Crown of England , quarter'd the Arms of
England with the Arms of Scotland , and usurp'd
the Style of this Realm ; and that there was a French
Power sent to prosecute it by invading this Land by the way of
Scotland : (THOWARD2-E2-P1,1,89.189)
your self was made the Queen's Majesty's Lieutenant ,
(THOWARD2-E2-P1,1,89.190)
and levy'd an Army to expulse them . (THOWARD2-E2-P1,1,89.191)
Afterward the Queen's Majesty sent her Embassadors , which met with the
French Lords and Scotish Queen's
Commissioners at Edinburgh , and agreed upon a Treaty of
Peace ; in which one special Article was , that the Scotish
Queen should acknowledge her Error , and should renounce her
pretended Claim to the present Possession of the Crown of this Realm .
(THOWARD2-E2-P1,1,89.192)
It was not done , (THOWARD2-E2-P1,1,89.193)
nor yet is done . (THOWARD2-E2-P1,1,89.194)
My Lord of Norfolk was at this Treaty ;
(THOWARD2-E2-P1,1,89.195)
and when this last Commission went out , when the Commissioners sat at
York about the Matter between the Scotish
Queen , her Son , and the Nobility of Scotland , wherein
were Commissioners the Duke of Norfolk , the Earl of
Sussex , and Mr. Chancellor of the Dutchy
; one special Instruction was for the Scotish Queen's
Recognition of her unjust Claim , and to require that she should ratify
the former Treaty of Peace . (THOWARD2-E2-P1,1,89.196)
The Duke knoweth well it was not done . (THOWARD2-E2-P1,1,89.197)
Duke . What is this to me ? (THOWARD2-E2-P1,1,89.198)
I need not enter to defend her Doings , (THOWARD2-E2-P1,1,89.199)
I like them not . (THOWARD2-E2-P1,1,89.200)
It is not my Case , but that you make it my Case ;
(THOWARD2-E2-P1,1,89.201)
else I would not meddle with it , answer it who would for me .
(THOWARD2-E2-P1,1,89.202)
Indeed I have heard , that being Covert-Baron then , marry'd to the
French King , in her Husband's Life she made Claim to
the Crown of England , and quarter'd the Arms of
England with the Arms of Scotland .
(THOWARD2-E2-P1,1,89.203)
I have heard also , That Sir Nicholas Throckmorton made
complaint thereof , and mov'd for Redress , and thereupon it was laid
down . (THOWARD2-E2-P1,1,89.204)
I have heard that she hath been requested to make Renunciation of that
Claim when the Peace was concluded , when Montmorancy
came over , and time was taken for it . (THOWARD2-E2-P1,1,89.205)
After this there grew Amity between the Queen's Majesty and the
Scotish Queen ; (THOWARD2-E2-P1,1,89.206)
the Queen took her for her Friend , (THOWARD2-E2-P1,1,89.207)
sent Embassadors unto her , (THOWARD2-E2-P1,1,89.208)
and christened her Child ; (THOWARD2-E2-P1,1,89.209)
all this excluded Enmity . (THOWARD2-E2-P1,1,89.210)
And when my Lord of Bedford was there , and mov'd her
for ratifying of the Treaty , and for the Renunciation , she refus'd
not ; (THOWARD2-E2-P1,1,89.211)
but said , she would send to shew Causes why she did it not presently .
(THOWARD2-E2-P1,1,89.212)
And then it was refused not absolutely , but upon certain Words , and
the treating thereof committed to my Lord Burleigh and
Mr. Wotton . (THOWARD2-E2-P1,1,89.213)
As for our Commission at York , it took no end ;
(THOWARD2-E2-P1,1,89.214)
the Matter was brought up hither , (THOWARD2-E2-P1,1,89.215)
and here was sat upon at Westminster in the
Parliament-Chamber . (THOWARD2-E2-P1,1,89.216)
And this is my understanding , that she claim'd the Crown ,
(THOWARD2-E2-P1,1,89.217)
and I have not otherwise known it . (THOWARD2-E2-P1,1,89.218)
Serj. Thus have you confess'd far enough , That you knew
that she did pretend Title to the present Possession of the Crown ;
That she quarter'd the Arms , and usurp'd the Royal Style of this Realm
. (THOWARD2-E2-P1,1,89.219)
Duke . It was in her Husband's time , when she was
Covert-Baron . (THOWARD2-E2-P1,1,89.220)
Serj. You know also , how since her Husband's Time , she
hat not renounced that Claim ; (THOWARD2-E2-P1,1,89.221)
and you had , in special , Instruction to require it when you were
Commissioner . (THOWARD2-E2-P1,1,89.222)
Duke . A full Renunciation was offer'd when the Lord
Burleigh was with her , (THOWARD2-E2-P1,1,89.223)
and our Commission was ended , and the Matter brought up hither .
(THOWARD2-E2-P1,1,89.224)
Serj. But what was the Cause why it took no end by your
Commission ? (THOWARD2-E2-P1,1,89.225)
Your self was the Cause that the Commission broke up , because you
dealt indirectly ; (THOWARD2-E2-P1,1,89.226)
you set out your own Affection and Partiality ,
(THOWARD2-E2-P1,1,89.227)
and behav'd your self partially , without regard to the Queen's
Majesty's special Commandment , without regard of your Oath ,
then specially taken for that Commission , or of your Oath as a
Counsellor : (THOWARD2-E2-P1,1,90.228)
you utter'd your Partiality , (THOWARD2-E2-P1,1,90.229)
you disclos'd to the other side aforehand the Queen's Secrets ;
(THOWARD2-E2-P1,1,90.230)
you devis'd with the one side , (THOWARD2-E2-P1,1,90.231)
and gave them Counsel how to deal for stay of the Matter :
(THOWARD2-E2-P1,1,90.232)
you did prevaricate the Queen's Intention ; (THOWARD2-E2-P1,1,90.233)
and when you were by your Commission to examine the Scotish
Queen's Adulteries , and her Murdering of her Husband , you
practis'd with those that were Dealers for the Scotish
Queen , (THOWARD2-E2-P1,1,90.234)
and you told them , by way of Advice , That if these Matters went
forwards to Hearing , the Earl Murray , and his Side ,
would disclose all the foul Matter that they could , both-2 by her
Letters and other Evidences , to her Dishonour ; and that the Queen's
Majesty had some such Counsellors about her , as if these things were
once produc'd , she would cause them to be publish'd , that all foreign
Princes should understand them , to the Scotish Queen's
great Infamy , and to move foreign Princes to proceed no further suing
for her . (THOWARD2-E2-P1,1,90.235)
And this was the Cause of the Breach and Dissolution of your Commission
. (THOWARD2-E2-P1,1,90.236)
Duke . You said you would prove that I knew of the
Scotish Queen's claiming the present Possession of the
Crown . (THOWARD2-E2-P1,1,90.237)
Serj. Your self have confessed it ;
(THOWARD2-E2-P1,1,90.238)
for you know there was yet no Renunciation made ,
(THOWARD2-E2-P1,1,90.239)
and you were special Commissioner for that purpose ;
(THOWARD2-E2-P1,1,90.240)
and tho' your Commission took no effect , yet by that , that the
requiring of the Renunciation was matter of your Instructions , and the
same not done , it is plain that you knew sufficiently of her former
unjust claiming of the present Possession of the Crown :
(THOWARD2-E2-P1,1,90.241)
And now will we by good Evidence prove your partial and indirect
dealing in that Commission . (THOWARD2-E2-P1,1,90.242)
Here I will produce Matter of your own Conference at York
with Ledington and the Bishop of Rosse
, and how your self told them , that you understood at
Lyth , that rigorous Matter would be set out by the Earl
Murray and the rest of that Side , against the Scotish
Queen , touching her Whoredom and the Murder of her Husband .
(THOWARD2-E2-P1,1,90.243)
You gave Advice to stay the Earl of Murray from so doing
; (THOWARD2-E2-P1,1,90.244)
you told the Scotish Queen's Ministers , how the Queen
of England had some Counsellors that could cause her to
publish all those Matters to the Scotish Queen's Infamy
; (THOWARD2-E2-P1,1,90.245)
you practis'd with them to devise to qualify the Matter ;
(THOWARD2-E2-P1,1,90.246)
you told the Way that you thought best to do it ;
(THOWARD2-E2-P1,1,90.247)
you advis'd them to deal with the Earl of Murray that
the Matter might be compounded , or else so to handle it , that it
might take no end . (THOWARD2-E2-P1,1,90.248)
Duke . Here the Duke took advantage of that Mr. Serjeant
had said , That the Duke understood at Lyth ;
(THOWARD2-E2-P1,1,90.249)
for the Duke then protested , that at that time he had never been at
Lyth . Whereupon the Lord Burleigh
dissolv'd that Knot , (THOWARD2-E2-P1,1,90.250)
and said on the Duke's Behalf to Mr. Serjeant :
(THOWARD2-E2-P1,1,90.251)
Burleigh . You were best proceed with your Evidence ;
(THOWARD2-E2-P1,1,90.252)
you may mistake : (THOWARD2-E2-P1,1,90.253)
my Lord Norfolk had not then been at Lyth
, otherwise than he and I were there once secretly in a Morning .
(THOWARD2-E2-P1,1,90.254)
The Cause of this Error rose thus : (THOWARD2-E2-P1,1,90.255)
In one Scotish Paper produc'd for that Matter , was
contain'd , how the Duke understood at Lyth , which in
Scotch is as much as at length ; which
Mr. Serjeant , in perusing the Matters for Evidence deliver'd unto him
, took for Lyth , as the Clerk of the Crown also
afterwards did in reading the same Paper . (THOWARD2-E2-P1,1,90.256)
Then was produc'd an Examination of the Bishop of Rosse
, taken at the Tower , Nov. 5 . 1571 , as
followeth : (THOWARD2-E2-P1,1,90.257)
The Scotish Queen told the Bishop of Rosse
, that the Conference at York was to make the
Earl of Murray , and other her disobedient Subjects , to
answer before the Queen's Majesty of $England $'s
{TEXT:England's} Commissioners , for their unnatural and unjust
Proceedings against her ; and that after their Offences acknowledg'd
for the Queen of $England $'s {TEXT:England's} Pleasure
, they should be remitted , and receiv'd into Favour again , and so all
Matters compounded . (THOWARD2-E2-P1,1,90.258)
The Bishop's Answer to this was , That he was sorry she had agreed to
any Conference wherein they should be accus'd ;
(THOWARD2-E2-P1,1,90.259)
for he was assur'd in that Case , they would utter all that they could
for their Defences , altho' it were for her Dishonour , and of the
whole Realm : (THOWARD2-E2-P1,1,90.260)
for they would be loth to confess openly that they were evil Subjects ,
and she a good Princess ; (THOWARD2-E2-P1,1,90.261)
and therefore he wish'd that the Matter might be treated by way of
Concord , before any entry to Accusations : (THOWARD2-E2-P1,1,90.262)
And to that end he counseled her to travel with her Friends at Court to
York . (THOWARD2-E2-P1,1,90.263)
To this she reply'd , that there was no such Danger in the matter as I
suppos'd ; (THOWARD2-E2-P1,1,90.264)
for she trusted I would find the Judges favourable , principally the
Duke of Norfolk , who was first in Commission ;
(THOWARD2-E2-P1,1,90.265)
and doubted not but the Earl of Sussex would be ruled by
him as his tender Friend , and Sir Ralph Sadler would
not gainstand their Advice ; and that Liggons had been
at Bolton , by whose Message , told by him to the Lord
Scroope , he understood of the Duke's good Will towards
her , and the Bruite was also spread abroad of a Marriage between the
Duke and her ; and besides , that she had many good Friends in the
Country that did favour her , and seek to her , such as the Earl of
Northumberland and his Lady , by whom she had many
Intelligences and Messages ; the Nortons ,
Markenfield and others , who would all be with the Duke at
York , and would persuade him to favour her Case .
(THOWARD2-E2-P1,1,90.266)
In the mean time , before our Passage to York ,
Robert Melvin came to Bolton with Letters , sent
by Ledington from Fauly Castle to the
Queen my Mistress , to advertise her , that the Earl of Murray
was wholly bent to utter all that he could against her , and to
that effect had carried with him all the Letters which he had to
produce against her , for proof of the Murder , whereof he had
recover'd the Copies , and had caus'd his Wife to write them , which he
sent to the Queen ; and that he had not come into England
in the Earl of Murray 's Company , unless it had
been to do her Service , and to travel for migitation of those Rigors
intended ; desiring to be certified by Robert Melvin ,
that she wish'd to stay those rigorous Accusations : and because he was
well acquainted with the Duke of Norfolk , desired him
to travel with the Duke in his favour , and that he could confer with
the Bishop of Rosse , by whom he should understand his
whole Mind particularly from time to time . (THOWARD2-E2-P1,1,90.267)
After this , Robert Melvin at York did
bring me to Ledington 's Lodging , where we talk'd
almost a whole Night ; where he told , That he had conferr'd with the
Duke , who seem'd to bear great Good-will to the Queen my Mistress ,
and had willed him to counsel the Earl of Murray , and
others , to abstain from uttering any dishonest Matter against the
Queen , but to grant to some Compositions amongst themselves : so that
Ledington said , it appear'd to him , that the Duke had
some Intention to marry with the Queen , as the Bruite was ; and that
he did verily believe , that if it were follow'd , the Marriage would
take effect , which would be most of all other things for the Queen's
Honour and Weal : (THOWARD2-E2-P1,1,91.268)
and will'd me to speak with the Duke secretly alone , without the
Commissioners , (THOWARD2-E2-P1,1,91.269)
and Ledington should advertise the Duke to appoint the
time convenient , as he did one day in the Morning , by seven of the
Clock , before the meeting of the Commissioners .
(THOWARD2-E2-P1,1,91.270)
I talk'd with the Duke alone in a Gallery , where he utter'd to me ,
That he bore good Will to the Queen my Mistress , and that he had
talk'd with the Earl Murray at length ,
and had seen the Letters which they had to produce against the Queen my
Mistress , and other Defences , whereby there would such Matter be
proved against her , that would dishonour her for ever ;
(THOWARD2-E2-P1,1,91.271)
and if it were once published , the Queen's Majesty of England
would get Counsel by such as lov'd not the Queen my Mistress ,
to publish the same to the World , and to send Embassadors to all other
Princes , to make the same known to them ; so that they would make no
further Suit for her Delivery , and perhaps greater Rigours might ensue
to her Person : (THOWARD2-E2-P1,1,91.272)
Therefore he advis'd me to confer with Ledington ; and
that betwixt him and me , we might find some means to stay the Rigour
intended ; (THOWARD2-E2-P1,1,91.273)
and promised all that he could do to that effect , by Ledington
's Advertisement , he would do . (THOWARD2-E2-P1,1,91.274)
I reply'd that Ledington would have her to ratify the
Dimission made at Lochlevin for a time ,
(THOWARD2-E2-P1,1,91.275)
for he had assur'd her it could hurt her no more , being kept Prisoner
in England , than that which was done in
Lochlevin : (THOWARD2-E2-P1,1,91.276)
for so should she stay the uttering of any matter against her ,
(THOWARD2-E2-P1,1,91.277)
and within six Months she should be restor'd to her Country with Honour
; (THOWARD2-E2-P1,1,91.278)
and so might revoke all done by her . (THOWARD2-E2-P1,1,91.279)
To this the Duke : What if that were done , to be quit of the present
Infamy and Slander , and let him work out the rest ?
(THOWARD2-E2-P1,1,91.280)
I told him we were come to that Conference for to make an Agreement ,
and not to answer to Accusations : (THOWARD2-E2-P1,1,91.281)
and therefore wish'd him to further the Agreement amongst us .
(THOWARD2-E2-P1,1,91.282)
He answer'd , That their Commission was only to hear the Differences
amongst us ; and if I would propound any thing , he would like well of
it , and should advertise the Queen's Majesty , his Mistress , thereof
, and get her Answer . (THOWARD2-E2-P1,1,91.283)
In this Conference , the Duke did oftentimes insinuate the good Will
that he did bear to the Queen my Mistress , (THOWARD2-E2-P1,1,91.284)
But spoke nothing to me particularly of the Marriage at that time ;
(THOWARD2-E2-P1,1,91.285)
but referr'd all to Ledington .
(THOWARD2-E2-P1,1,91.286)
Upon this I did confer with Ledington divers times , by
whose Advice I rode to Bolton , to speak with my
Mistress , in the time of my Conference ; (THOWARD2-E2-P1,1,91.287)
and during my remaining there , the Conference was broken up ,
(THOWARD2-E2-P1,1,91.288)
and the whole Commissioners for our part , came to Bolton
. (THOWARD2-E2-P1,1,91.289)
And so my Lord Harris and I were sent to London
. (THOWARD2-E2-P1,1,91.290)
In the mean time , Robert Melvin came to Bolton
to the Queen , with Messages of Ledington 's ,
of such Conference as he had with the Duke at the Hunting in the Fields
, where I believe Ledington did well encourage the Duke
to attempt the Marriage , as he told me afterwards , declaring her
Properties , and the Honour and Commodities that might ensue to them
both thereby ; (THOWARD2-E2-P1,1,91.291)
and the Duke did give good Ear thereto , wishing to the Queen to follow
that Course . (THOWARD2-E2-P1,1,91.292)
In the Mean time , the Duke had Liggons , and others ,
going between them and the Lady Scroope , who did
entertain the Matter betwixt them . (THOWARD2-E2-P1,1,91.293)
After this , the Duke coming to Hampton-Court ,
Ledington made the mean with the Duke , to cause him to send
Liggons to deal with me upon this behalf , and to give
me some favourable Advertisement of the Weal for our Case .
(THOWARD2-E2-P1,1,91.294)
And likewise the Duke caused the Lord Lumley sometimes
to speak with me , to advise me what was best to be done , and
especially when the Spanish Embassador had spoken to me
of the Marriage of one of the House of Austria ;
(THOWARD2-E2-P1,1,91.295)
the Duke , by my Lord Lumley , counseled me to open the
matter to the Queen's Majesty , by my Lord of Arundel ,
which might be an occasion to move her to like better of the Match with
him , than with any Foreigner . (THOWARD2-E2-P1,1,91.296)
And then he sent me word by Liggons , that the Queen's
Majesty was inform'd of such a like Bruite , of his Marriage with the
Queen of Scots ; (THOWARD2-E2-P1,1,91.297)
but he had satisfy'd her well enough , (THOWARD2-E2-P1,1,91.298)
and so still did follow the Matter , (THOWARD2-E2-P1,1,91.299)
and did treat thereupon with the Earl of Murray and
Ledington at Hampton-Court : by whose
Advice Robert Melvin was sent to the Queen , my Mistress
, at Rippon , to move the Matter upon the Earl of
Murray 's behalf , with a full Determination , that the Earl of
Murray liked of it : Which Message I heard afterward
that Murray alledg'd he did send it , for fear of some
Enterprize against him at Northallerton , in his Return
to Scotland . (THOWARD2-E2-P1,1,91.300)
And so after this manner the Matter had been entertain'd betwixt the
Queen and the Duke from time to time , as is at length declar'd in the
former Examinations . (THOWARD2-E2-P1,1,91.301)
Serj. The Effect of all , is the Duke's partial and
untrue Dealing ; for that before the Bishop of Rosse 's
going to York , the Scotish Queen
declar'd to the Bishop of Rosse , That she doubted not
of the Favour of the Duke of Norfolk ;
(THOWARD2-E2-P1,1,91.302)
for she told him that my Lady Scroope had by Motions and
Means assur'd her of his good Will , (THOWARD2-E2-P1,1,91.303)
and she doubted not of my Lord of Sussex's , for the
great Friendship and tender Love he bare to the Duke ;
(THOWARD2-E2-P1,1,91.304)
and she made account that Mr. Sadler would be friendly ,
for that he alone would not stand to them both .
(THOWARD2-E2-P1,1,91.305)
It appeareth also , for further proof of his partial Dealing , that
tho' he were sworn , both as a Counsellor to the Queen's Majesty , and
also specially for the Matter of this Commission ; yet he indirectly ,
secretly , and underhand , dealt with Ledington ,
(THOWARD2-E2-P1,1,91.306)
and told him , how that the Earl of Murray and his Side
intended to utter sharp Matter against the Scotish Queen
. (THOWARD2-E2-P1,1,91.307)
The Duke gave his Advice how to stay it , (THOWARD2-E2-P1,1,91.308)
and so dealt partially , and against the Queen's Majesty's special
Trust and Commandment , and against his own Oath and Promise .
(THOWARD2-E2-P1,1,91.309)
Next after that , in Conference had with the Duke of Norfolk
on the Scotish Queen's part , the Duke declar'd
his good Will that he bare to the Scotish Queen :
(THOWARD2-E2-P1,1,91.310)
He shewed how , that if the same matter of Evidence against her , were
once utter'd by the Earl of Murray , some of the Queen's
Majesty's Counsellors of England would procure her
Majesty to publish them . (THOWARD2-E2-P1,1,91.311)
He advised that the matter should be compounded with the Earl of
Murray ; and that he should not stick , being here in
England , and not at her own liberty , for the present time ,
to be content to ratify the Dimission of the Crown of Scotland
, which she made at Lochlevin ;
(THOWARD2-E2-P1,1,91.312)
and so she might be restor'd into her own Country ,
(THOWARD2-E2-P1,1,91.313)
and then she might undo all again at her pleasure : and upon pretence
of Constraint and Fear , as well revoke that which she should do in
England , as she before revoked that which she had done
at Lochlevin in Scotland .
(THOWARD2-E2-P1,1,91.314)
Also the Duke at that time was privy to the Device , that
Ledington accompany'd the Earl Murray
only to understand his Secrets , and to betray him ; and that
Ledington stole away the Letters , and kept them one Night ,
and caused his Wife to write them out . (THOWARD2-E2-P1,1,92.315)
Howbeit , the same were but Copies translated out of French
into Scotch ; which , when Ledington
's Wife had written out , he caused them to be sent to the
Scotish Queen : (THOWARD2-E2-P1,1,92.316)
She laboured to translate them again into French , as
near as she could to the Originals wherein she wrote them ;
(THOWARD2-E2-P1,1,92.317)
but that was not possible to do , (THOWARD2-E2-P1,1,92.318)
but there was some Variance in the Phrase ; by which Variance , as God
would , the Subtilty of that Practice came to light .
(THOWARD2-E2-P1,1,92.319)
Duke . What if all this be true ?
(THOWARD2-E2-P1,1,92.320)
What is this to the matter ? (THOWARD2-E2-P1,1,92.321)
Any dealing of mine with the Scotish Queen by my Sister
Scroope 's Means , I utterly deny .
(THOWARD2-E2-P1,1,92.322)
As for Ledington , and the Bishop of Rosse
, what their Speeches were to me , I care not ;
(THOWARD2-E2-P1,1,92.323)
I am to answer but for mine own Speeches . (THOWARD2-E2-P1,1,92.324)
Serj. The Bishop of Rosse accuseth you of
your own Speeches , (THOWARD2-E2-P1,1,92.325)
and this he doth , being examined freely , and without any Compulsion .
(THOWARD2-E2-P1,1,92.326)
Duke . He is a Scot .
(THOWARD2-E2-P1,1,92.327)
Serj. A Scot is a Christian Man .
(THOWARD2-E2-P1,1,92.328)
Duke . At my being at York in Commission
, Ledington broke with me himself to have the Matter
compounded between the Scotish Queen and the Earl of
Murray . (THOWARD2-E2-P1,1,92.329)
I told him that our Commission was only to hear indifferently what
should be alledged on both parts , and thereof truly to make report .
(THOWARD2-E2-P1,1,92.330)
What hurt is this ? (THOWARD2-E2-P1,1,92.331)
The Bishop of Rosse afterwards sent for me , that he
might speak with me : (THOWARD2-E2-P1,1,92.332)
when we met , he moved me for the compounding of the Matter , as
Ledington had done . (THOWARD2-E2-P1,1,92.333)
I told him , that our Commission was but to hear and report , as I had
told Ledington before ; (THOWARD2-E2-P1,1,92.334)
and therefore if they would fall to compounding , I willed them to
devise the Means themselves , and to make Offers ;
(THOWARD2-E2-P1,1,92.335)
and thereupon we would advertise the Queen's Majesty thereof , as we
would of all the Matters alledged . (THOWARD2-E2-P1,1,92.336)
If it be otherwise , and as you say , let my Letters be looked on ,
(THOWARD2-E2-P1,1,92.337)
and see if they contain any such Matter . (THOWARD2-E2-P1,1,92.338)
If the Bishop of Rosse , for Fear or for Malice , have
said untruly ; if being a Scot , he care not how many
English Men , by his false Testimony , he bring to
destruction ; I beseech you let not that hurt me .
(THOWARD2-E2-P1,1,92.339)
Serj. You made the first Motion of compounding the
Matter to Ledington your self ;
(THOWARD2-E2-P1,1,92.340)
and another time to the Bishop of Rosse , you offered to
further it all that you could . (THOWARD2-E2-P1,1,92.341)
Duke . I never saw the Bishop of Rosse
before I came to York ; (THOWARD2-E2-P1,1,92.342)
and would I , think you , deal so dangerously with a Scot
that I never saw before ? (THOWARD2-E2-P1,1,92.343)
Also , I did by my Letters signify to the Queen's Majesty our
Proceeding , and my misliking of the Scotish Queen's
part : (THOWARD2-E2-P1,1,92.344)
Let that Letter be seen ; which Letter was written after my talk with
Ledington . (THOWARD2-E2-P1,1,92.345)
I wrote it when I went from York ,
(THOWARD2-E2-P1,1,92.346)
and I never saw the Bishop of Rosse afterward , till I
came to London . (THOWARD2-E2-P1,1,92.347)
Serj. The writing of your Letters to the Queen's Majesty
, wherein you advertised against the Scotish Queen , and
though the same were written after your Conference with
Ledington and the Bishop of Rosse , is no proof
but that you dealt partially for the Scotish Queen ;
(THOWARD2-E2-P1,1,92.348)
for those Letters were written by others , as well as your self ,
namely , by my Lord of Sussex , and Mr. Chancellor of
the Dutchy : (THOWARD2-E2-P1,1,92.349)
and you could not otherwise , do , but so signify , notwithstanding
your partial secret Dealing ; (THOWARD2-E2-P1,1,92.350)
for else you should have too openly bewrayed your Intention .
(THOWARD2-E2-P1,1,92.351)
Duke . When Ledington moved me of the
Marriage of the Scotish Queen , I utterly refused it .
(THOWARD2-E2-P1,1,92.352)
Serj. That is not so : (THOWARD2-E2-P1,1,92.353)
And for proof , as well of your partial Dealing in the Commission as
for the Marriage , there shall be brought forth sufficient Evidence .
(THOWARD2-E2-P1,1,92.354)
Here was alledged how a Letter had been written to the Earl of
Murray , requiring to be advertised by him of so much as he
knew concerning the Doings of the Duke of Norfolk , both
for the Matter of the Commission , and the Practice of his Marriage
with the Scotish Queen : (THOWARD2-E2-P1,1,92.355)
And the Earl Murray 's Answer to the same Letter was
produced , and read , as followeth . (THOWARD2-E2-P1,1,92.356)
Note , That the beginning and ending of this Letter was
not read ; but so much only as pertained to the matter , viz
. (THOWARD2-E2-P1,1,92.357)
' In York , at the meeting of all the Commissioners , I
found very honourable and neutral Dealing with the Duke and others her
Highness's Commissioners , in the beginning of the Cause , as in the
making of the Oaths to proceed sincerely , &c . During
which time , I only entered into general Speech , sticking at our just
Defence in the Matters that were objected against us by the said
Queen's Commissioners ; looking certainly for none other thing but a
summary Cognition in the Causes of Controversy , with a small
Declaratory to have followed . (THOWARD2-E2-P1,1,92.358)
Upon a certain Day , the Lord Ledington 's Secretary rid
with the Duke to Cawood ; (THOWARD2-E2-P1,1,92.359)
what purpose they held , I $can $not {TEXT:cannot} say :
(THOWARD2-E2-P1,1,92.360)
but that night , Ledington returning , and entering in
Conference with me upon the State of our Action , I was advised by him
to pass to the Duke , and to require familiar Conference ; by the which
I might have some feeling to what Issue our Matters would tend .
(THOWARD2-E2-P1,1,92.361)
According to which Advice , having gotten Time and Place convenient in
the Gallery of the House , where the Duke was lodged ; after renewing
of our first Acquaintance made at Berwick , the time
before the Siege of Lyth , and some Speeches passed
betwixt us , he began to say to me how he in England had
Favour and Credit , and I in Scotland Good-will and
Friendship of many . (THOWARD2-E2-P1,1,92.362)
It was thought there could be none more fit Instruments to travel for
the Continuance of the Amity betwixt the two Realms , then we two .
(THOWARD2-E2-P1,1,92.363)
And from that Discourse upon the State of both , and how I was entered
in that Action tending so far to the Queen's Dishonour , I was willed
by him to consider how Matters stood in this Isle , what Honour I had
received of the Queen , and what Inconveniencies her Defamation in the
matters laid to her charge , might breed to her Posterity , whose
Respect was not little to the Crown of England .
(THOWARD2-E2-P1,1,92.364)
There was but one Babe , (THOWARD2-E2-P1,1,92.365)
the Hamilton 's , my Unfriend , had the next Respect ;
(THOWARD2-E2-P1,1,92.366)
and if I should , the Issue of her Body would be the more affectionate
to me and mine , than any other that could attain to that Room :
(THOWARD2-E2-P1,1,92.367)
and so it should be meetest that she affirmed her Dimission made in
Lochlevin , and we to abstract the Letters of her Hand
writ , that she should not be defamed in England
. (THOWARD2-E2-P1,1,93.368)
My Reply to that was , how the matter had pass'd in Parliament , and
the Letters seen to many ; so that the abstracting of the same , could
not then serve her to any purpose : (THOWARD2-E2-P1,1,93.369)
and yet should we in that Doing bring the Ignominy upon us , affirming
it could not be sure for us that way to proceed , seeing the Queen's
Majesty of England was not made privy to the matter , as
she behoved to be , in respect we were purposely come into
England for that End , and for the justifying of the Grounds of
our Case . (THOWARD2-E2-P1,1,93.370)
The Duke's Answer was , he would take in hand to handle matters well
enough at the Court . (THOWARD2-E2-P1,1,93.371)
After this , at the Occasion of certain Articles that were required to
be resolved in , before we entered directly in the Declaration of the
very Ground of our Action , we came up to the Court ; where some new
Commissioners were adjoined to the former , and the hearing of the
Matter ordain'd to be in the Parliament-House at
Westminster . In presence of which Commissioners for the said
Queen , and partly thro' the sharp rebuking of the Queen's Majesty of
England 's Commissioners , we utter'd the Grounds of the
Action , and produc'd such Evidences , Letters , and Probations as we
had , which might move the Queen's Majesty to think well of our Case .
Whereupon expecting her Highness's Declaration , and seeing no
likelihood of the same to be suddenly given , but daily Motions made to
come to an accord with the said Queen , our Matters at home in
Scotland in the mean season standing in hazard and danger ; we
were put to the uttermost Point of our Wit to imagine whereunto the
Matters would tend : (THOWARD2-E2-P1,1,93.372)
for albeit we had left nothing undone for the Justification of our
Cause , it appeared yet no End , but continual Motions made , to come
to some accord with the Queen , and restore her to whole or half Reign
. (THOWARD2-E2-P1,1,93.373)
I had no other Answer to give them , but that I could neither do
against Conscience nor Honour in that matter .
(THOWARD2-E2-P1,1,93.374)
Notwithstanding , seeing this my plain Answer wrought no End or
Dispatch to us , and that I was informed that the Duke began to mislike
of me , and to speak of me as that I had reported of the said Queen
irreverently , calling her Whore and Murderer ; I was advised to pass
to him , and to give him good Words , and to purge myself of the things
objected to me ; that I should not upon the sudden enter in his evil
Grace , nor have him to our Enemy , considering his Greatness : it
being therewithal whisper'd and shew'd to me , that if I departed , he
standing discontented and not satisfy'd , I might peradventure find
such trouble in my way , as my Throat might be cut before I came to
Berwick . (THOWARD2-E2-P1,1,93.375)
And therefore since it might well enough appear that he aspired to her
Marriage , I should not put him in utter despair that my Good-will $can
$not {TEXT:cannot} be had therein . (THOWARD2-E2-P1,1,93.376)
So , few days before my departing , I came to the Park at
Hampton-Court , where the Duke and I met together ;
(THOWARD2-E2-P1,1,93.377)
and there I declared , that it was come to my ears how some Misreport
should be made of me to him , as that I should speak irreverently and
rashly of the said Queen , my Sovereign's Mother , such words as before
express'd , that he might perceive my Affection to be so alienate from
her , as I could not love her , nor be content of her Preferment .
(THOWARD2-E2-P1,1,93.378)
Howbeit , he might persuade himself of the contrary ;
(THOWARD2-E2-P1,1,93.379)
for as she once was the Creature in the Earth that I loved best ,
having that Honour to be so near unto me , and having received such
Advancement and Honour by her , I was not so unnatural ever to wish her
Body harm , or to speak of her as was untruly reported of me ,
howsoever the Truth were in itself . (THOWARD2-E2-P1,1,93.380)
And as the Preservation of her Son , now my Sovereign , had moved me to
enter in this Cause , and that her own pressing was the occasion of
that which was uttered to her Infamy ; so whensoever God shall move her
Heart to repent of her by-past Behaviour and Life , and after her known
Repentance , that she should be separate from that ungodly and unlawful
Marriage that she was entered in , and then after were join'd with such
a godly and honourable Personage , as were affectioned to the true
Religion , and whom we might trust ; I could find in my heart to love
her , and to shew her as great Pleasure , Favour , and Good-will , as
ever I did in my Life . (THOWARD2-E2-P1,1,93.381)
And in case he should be that Personage , there was none whom I should
better like of , the Queen's Majesty of England being
made privy to the matter , and she allowing thereof ; which being done
, I should labour in all things that I could , to her Honour and
Pleasure , that were not prejudicial to the King my $Sovereign $'s
{TEXT:Sovereign's} Estate : (THOWARD2-E2-P1,1,93.382)
and pray'd him not to think otherwise of me , (THOWARD2-E2-P1,1,93.383)
for my Affection was rather bury'd and hid within me , waiting until
God should direct her to know herself , than utterly alienate and
abstracted from her . Which he seem'd to accept in very good part ,
saying Earl of Murray , thou knowest of me that thing
whereunto I will make none in England nor
Scotland privy , (THOWARD2-E2-P1,1,93.384)
and thou hast Norfolk 's Life in thy hands .
(THOWARD2-E2-P1,1,93.385)
So departing , I came to my Lodging , &c . (THOWARD2-E2-P1,1,93.386)
Thus have I plainly declared how I have been dealt withal for this
Marriage , and how just Necessity moved me not to repugn directly that
which the Duke appear'd so bent unto . (THOWARD2-E2-P1,1,93.387)
And for my Threatnings to assent to the same , I have express'd the
manner . (THOWARD2-E2-P1,1,93.388)
The Persons that laid the Terror before me , were of mine own Company ,
(THOWARD2-E2-P1,1,93.389)
and the Duke since hath spoken , that it was his writing which saved my
Life at that time . (THOWARD2-E2-P1,1,93.390)
In conclusion , I pray you persuade her Majesty , that she let no
Speeches , nor any other thing pass'd and objected to my prejudice ,
move her Majesty to alter her Favour towards me , or any ways to doubt
of my assured Constancy towards her Highness :
(THOWARD2-E2-P1,1,93.391)
for in any thing that may tend to her Honour and Surety , I will ,
while I live , bestow my self , and all that will do for me ,
notwithstanding any Hazard or Danger ; as proof shall declare , when
her Majesty finds time to employ me . (THOWARD2-E2-P1,1,93.392)
' Serj. Thus appeareth it , That the Duke of
Norfolk first travell'd with Ledington for stay
and compounding the matter , and afterward likewise with the Bishop of
Rosse , (THOWARD2-E2-P1,1,93.393)
and at both times first moved it of himself : (THOWARD2-E2-P1,1,93.394)
so now the Earl of Murray also by his Letters doth
testify , that in Conference with him , it came first of the Duke to
move the stay of the Contention , and to what end the Duke did it ,
namely , for that he aspired to the Marriage of the Scotish
Queen , and therein made account of her Respect to the Crown of
England ; and that without the Queen's Majesty's Assent
or Knowledge . (THOWARD2-E2-P1,1,93.395)
Now shall you also see , for further proof thereof , the Bishop of
Rosse 's Letter to the Scotish Queen :
(THOWARD2-E2-P1,1,93.396)
For the Bishop of Rosse went from York to
Bolton , as you have before heard in his
Examination . (THOWARD2-E2-P1,1,94.397)
On the way , before he came to Bolton to the
Scotish Queen , from his Lodging he wrote a Letter to her ,
which Letter was lost by his Servant ; (THOWARD2-E2-P1,1,94.398)
but as good hap was , he reserv'd a copy thereof ,
(THOWARD2-E2-P1,1,94.399)
and negligently left it behind him in his Lodging at Newcastle
, where the Earl of Murray half a year after
being lodg'd in the same Chamber , found it , (THOWARD2-E2-P1,1,94.400)
and sent it to the Queen's Majesty's Council ;
(THOWARD2-E2-P1,1,94.401)
and here it is all written with the Bishop's own Hand , as himself ,
being examin'd thereof , hath confess'd . (THOWARD2-E2-P1,1,94.402)
Here he setteth out the Conference between the Duke of Norfolk
and Ledington , and himself .
(THOWARD2-E2-P1,1,94.403)
He sheweth the Duke of Norfolk 's Advice to the
Scotish Queen , for a Letter by her to be written to the
Queen's Majesty ; (THOWARD2-E2-P1,1,94.404)
and also he openeth the Duke's Advice , how to work for the
Scotish Queen , with disclosing the Queen's Majesty's Secrets .
(THOWARD2-E2-P1,1,94.405)
Here was the said Letter produced , and read as followeth .
(THOWARD2-E2-P1,1,94.406)
Copy of the Letter sent from York by the Bishop
of Rosse to the Queen-Mother , to the Queen our
Sovereign Lady , then remaining at Bolton .
(THOWARD2-E2-P1,1,94.407)
' Please your Majesty , I confer'd at great length with A.
one great part of the Night ; who assured me he had reason'd
with B. this Saturday , as yesterday on the Fields who
C. determined to him , that it was D 's
determinate Purpose not to end your Cause at this time , but to hold
the same in suspense ; (THOWARD2-E2-P1,1,94.408)
and did what was in her power to cause us : (THOWARD2-E2-P1,1,94.409)
E. pursued extremely , to the effect F
and his Adherents might utter all that they could to your dishonour ;
to the effect , as was suppos'd , to cause you come in disdain with the
whole Subjects of this Realm , that you may be the more unable to
attempt any thing to her disadvantage ; (THOWARD2-E2-P1,1,94.410)
and to this effect is all her Intention . (THOWARD2-E2-P1,1,94.411)
And when they have produced all they can against you , the Queen will
not appoint the matter instantly , but transport you up in the Country
, and reserve you there till she think time to shew you Favour ; which
is not able to be hastily , because of your Uncles in France
, and the fear she hath of your self to be her Unfriend .
(THOWARD2-E2-P1,1,94.412)
And therefore their Counsel is , that you write a Writing to the Queen
, meaning that you are informed concerning your Subjects , which have
offended you , (THOWARD2-E2-P1,1,94.413)
this in effect ; That your Majesty hearing the Estate of your Affairs ,
as they proceeded in York , was inform'd that her
Majesty was inform'd of you , that you could not godly remit your
Subjects in such sort , as they might credit you hereafter : which was
one great cause of the stay of this Controversy to be ended .
(THOWARD2-E2-P1,1,94.414)
And therefore persuading her Grace effectuously not to trust any who
made such Narration ; (THOWARD2-E2-P1,1,94.415)
but like as you had rendred you in her hands , as most tender you of
any living , so pray'd her Grace to take no Opinion of you :
(THOWARD2-E2-P1,1,94.416)
but you would use her Counsel in all your Affairs ,
(THOWARD2-E2-P1,1,94.417)
and would prefer her Friendship to all others as well Uncles as others
, and assure her to keep that thing you would promise to your Subjects
by her Advice . (THOWARD2-E2-P1,1,94.418)
And if her Grace discredit you , you would be glad to satisfy her in
that point , to be removed within her Realm in secret and quiet manner
, where her Grace pleased , unto the time her Grace were fully
satisfy'd , and all occasion of Discredit removed from her ; so that in
the mean time your Realm were holden in quietness , and your true
Subjects restored and maintained in your own Estate ,
(THOWARD2-E2-P1,1,94.419)
and such other things tending to this effect .
(THOWARD2-E2-P1,1,94.420)
And affirms , that they believe that this may be occasion to cause her
credit you better , that you offer safer , and may come , that within
two or three Months she may become better minded toward your Grace ;
(THOWARD2-E2-P1,1,94.421)
for $now $while {TEXT:nowwhile} she is not well minded ,
(THOWARD2-E2-P1,1,94.422)
and will not shew you any pleasure , for the causes aforesaid .
(THOWARD2-E2-P1,1,94.423)
' Duke . Here be many things and many parts very hard
for me to remember ; (THOWARD2-E2-P1,1,94.424)
and here be produced three Witness against me , Ledington
, the Bishop of Rosse , and the Earl of
Murray . (THOWARD2-E2-P1,1,94.425)
Hereunto I will answer as my Memory will serve me :
(THOWARD2-E2-P1,1,94.426)
Ledington , because he and I were acquainted at
Lyth , came to me (THOWARD2-E2-P1,1,94.427)
and practised to search at my hands , and to feel how the Queen's
Majesty was satisfy'd . (THOWARD2-E2-P1,1,94.428)
I told him , that 'till I heard what the Queen's Majesty would resolve
, I could tell him nothing : (THOWARD2-E2-P1,1,94.429)
And so time spent away . (THOWARD2-E2-P1,1,94.430)
And in the mean season , upon a Saturday , I being at
Dinner with the Lord of Sussex , Ledington
came in ; (THOWARD2-E2-P1,1,94.431)
and after Dinner talking with me , he brake more earnestly for me with
the Scotish Queen , and a Marriage between her and me ,
which I utterly refused , as by my Letters from York to
the Queen's Majesty it may appear ; wherein I signify'd my Opinion of
the Scotish Queen , or else she must be maintain'd by
the Queen of England . (THOWARD2-E2-P1,1,94.432)
I said to him again , that the Queen's Majesty sought the Quietness of
that Realm ; (THOWARD2-E2-P1,1,94.433)
but for any Advice of restoring the Scotish Queen into
her Country , I could not see how it might be consider'd :
(THOWARD2-E2-P1,1,94.434)
and so I advised him to submit the whole Matter to the Queen's
Majesty's Judgment . (THOWARD2-E2-P1,1,94.435)
Otherwise he and I never talk'd . (THOWARD2-E2-P1,1,94.436)
Of those other doings , between Ledington and the
Scotish Queen , I know nothing . (THOWARD2-E2-P1,1,94.437)
The Bishop of Rosse shortly after said to me ,
(THOWARD2-E2-P1,1,94.438)
and intreated to have my help for compounding of the Matter ,
(THOWARD2-E2-P1,1,94.439)
as you know well he can speak fair . (THOWARD2-E2-P1,1,94.440)
I told him I could nothing without my Fellows , and only in such a
manner as was prescrib'd by our Commission . (THOWARD2-E2-P1,1,94.441)
I told him also , that we were but to hear and certify ;
(THOWARD2-E2-P1,1,94.442)
and for the matter of compounding , they were best to make Offers
themselves ; (THOWARD2-E2-P1,1,94.443)
for we were but to receive such Devices as they should chuse , and to
give Advertisement of the same . (THOWARD2-E2-P1,1,94.444)
To what end should I need to utter the Matters of the Earl of
Murray 's part to the other side , when Ledington
himself was present , and privy to all ?
(THOWARD2-E2-P1,1,94.445)
I spake not with the Bishop of Rosse , but at that time
only . (THOWARD2-E2-P1,1,94.446)
And as for that Advice , to avoid the discovering of those rigorous
Matters by the Earl , and the publishing thereof to the Queen's Majesty
, to the Scotish Queen's Infamy ; I never disclosed any
such Secrets , (THOWARD2-E2-P1,1,94.447)
nor gave any such Advice : (THOWARD2-E2-P1,1,94.448)
Only I did advise the Bishop of Rosse , that he and that
side should hold themselves contented with the Queen's Majesty's
dealing , and with the Determination taken at Hampton-Court
, which was such as might content them , and such as my Lord
Burleigh then mislik'd . (THOWARD2-E2-P1,1,94.449)
As for the Earl Murray , he began with me , and
not I with him : (THOWARD2-E2-P1,1,95.450)
He came to me at Cawood , (THOWARD2-E2-P1,1,95.451)
and prayed me to tell him what end would come of the Matter .
(THOWARD2-E2-P1,1,95.452)
I said , I knew not ; (THOWARD2-E2-P1,1,95.453)
for it must come from the Queen's Majesty : (THOWARD2-E2-P1,1,95.454)
We knew not of the differing of the Commission at that time , nor till
such time as Mr. Sadler was sent for .
(THOWARD2-E2-P1,1,95.455)
How could I tell him , (THOWARD2-E2-P1,1,95.456)
and knew it not my self ? (THOWARD2-E2-P1,1,95.457)
I never yielded to the Marriage between the Scotish
Queen and me : (THOWARD2-E2-P1,1,95.458)
I $can $not {TEXT:cannot} gather such Matter of Looks alone ,
(THOWARD2-E2-P1,1,95.459)
I never dealt more therein , but only that Ledington
broke it . (THOWARD2-E2-P1,1,95.460)
Have I not answered all these Matters ? (THOWARD2-E2-P1,1,95.461)
If I have not , put me in any thing I have omitted ,
(THOWARD2-E2-P1,1,95.462)
and I will answer it . (THOWARD2-E2-P1,1,95.463)
Serj. Your Answer is but only Denial ;
(THOWARD2-E2-P1,1,95.464)
Ledington and the rest write otherwise , that you made
the first Motion to them : (THOWARD2-E2-P1,1,95.465)
and therefore Ledington , by Practice between you and
him , sent the Earl of Murray to you , under pretence of
searching to learn the State of their own Cause , to be moved by you
for the Marriage ; (THOWARD2-E2-P1,1,95.466)
upon your Answer , it is but yea and nay between you .
(THOWARD2-E2-P1,1,95.467)
If you meant {COM:sic} directly , then needed you not to have dealt so
secretly in Conference with Ledington , without the rest
of the Commissioners ; (THOWARD2-E2-P1,1,95.468)
and besides Ledington 's Conference with you , both the
Bishop of Rosse and the Earl Murray
affirm your practicing with them to the same intent : which is
sufficient Proof against your own bare denial .
(THOWARD2-E2-P1,1,95.469)
Duke . The Earl Murray sought my Life ,
(THOWARD2-E2-P1,1,95.470)
the other are not of Credit ; (THOWARD2-E2-P1,1,95.471)
yet all these prove not that I dealt in the matter of the Marriage with
the Scotish Queen , in any respect of her Claim to the
Crown of England . (THOWARD2-E2-P1,1,95.472)
If the Bishop of Rosse , or any other , can say
otherwise , let them be brought before me face to face .
(THOWARD2-E2-P1,1,95.473)
I have often so desired it , (THOWARD2-E2-P1,1,95.474)
but I could not obtain it . (THOWARD2-E2-P1,1,95.475)
Serj. The Bishop of Rosse confesseth it ;
(THOWARD2-E2-P1,1,95.476)
this is his own hand ; (THOWARD2-E2-P1,1,95.477)
and here you shall have , by Witnesses , proved the Duke's Assent to
the Marriage with the Scotish Queen :
(THOWARD2-E2-P1,1,95.478)
and to practise the furtherance thereof , you shall see how that
afterwards he was privy to a Device , that the Earl Murray
should have been murdered at Northallerton , in
his way homeward , by the Nortons , Markenfield
, and other Rebels ; (THOWARD2-E2-P1,1,95.479)
and afterwards , being satify'd at the Earl Murray 's
Hands , a Letter was written to stay that Device : containing also a
Device of compounding the Matter , and how the Earl Murray
had assented to the Marriage . (THOWARD2-E2-P1,1,95.480)
Here was contained the Bishop of Rosse 's Confession ,
in Article , the ninth ; wherein appeareth , That the Earl
Murray should have been murdered by the way , going home into
Scotland ; and that the Bishop of Rosse
wrote to the Scotish Queen that the Duke of
Norfolk advised her to stay that Murder , because the Earl
Murray had yielded his god Will to the Marriage as
followeth : (THOWARD2-E2-P1,1,95.481)
Out of the Bishop of Rosse 's Examination , taken
the 6 th of November , 1571 .
(THOWARD2-E2-P1,1,95.482)
To the 9th he saith , That the Earl of Murray was in
fear to have been murdered by the way , in his Return to
Scotland ; whereupon this Examinate , by the Duke's Advice ,
did write to the Queen of Scots , that the Attempt might
be staid , for that Murray had yielded to the Duke to be
favourable ; (THOWARD2-E2-P1,1,95.483)
and the Murder should have been executed about Northallerton
, by the Nortons , Markenfield ,
and others , as this Examinate was advertised by the Scotish
Queen's Servants that came from Bolton .
(THOWARD2-E2-P1,1,95.484)
Serj. Thus it appeareth , that the Duke so far assented
to the Marriage , that rather than it should not have taken effect , he
was contented that the Earl of Murray should have been
murdered . (THOWARD2-E2-P1,1,95.485)
Duke . The Unkindness between the Earl Murray
and me , was not about this Matter of his Mistress the
Scotish Queen , but for another Cause ;
(THOWARD2-E2-P1,1,95.486)
it was because the Earl Murray had reported that I
sought the Marriage of the Scotish Queen .
(THOWARD2-E2-P1,1,95.487)
I charg'd him therewith by Message , (THOWARD2-E2-P1,1,95.488)
he excused himself thereof , (THOWARD2-E2-P1,1,95.489)
and laid it upon the Earl Moreton and the Bishop of
Orkney ; (THOWARD2-E2-P1,1,95.490)
and for the Device of murdering him , I was never privy to it .
(THOWARD2-E2-P1,1,95.491)
And where the Article saith , that I heard it by the Scotish
Queen's Servants that came from Bolton , it is
not true . (THOWARD2-E2-P1,1,95.492)
I never heard of it till Whitsuntide after , when
John Wood came , (THOWARD2-E2-P1,1,95.493)
and then I heard it not but by the Bishop of Rosse ;
(THOWARD2-E2-P1,1,95.494)
neither did I hear that it should have been done by the Nortons
, but by my Brother of Westmoreland being an
{COM:sic} hunting , when the Earl Murray espying a great
Company on the Hill-side , imagin'd that he should have been slain .
(THOWARD2-E2-P1,1,95.495)
Serj. You shall also understand , that the Duke himself
wrote to the Earl of Murray , wherein is plainly
declared his Practice and Assent to the Marriage : which very Letter we
have not , but the Copy thereof , under the Regent's own hand , which
the Regent sent to the Queen's Majesty , whereby the Matter most
plainly appeareth . (THOWARD2-E2-P1,1,95.496)
My good Lord , ' I Have received your courteous Letter ,
whereby I do not only perceive you well affected for the Advancement of
your common Weal , and the uniting of this Island , but also your good
Mind towards me ; which two Points I $can $not {TEXT:cannot} but note
to your special Commendation , and my great Comfort .
(THOWARD2-E2-P1,1,95.497)
As you shall prove me industrious to assist you with all my Power in
the one , so shall you not find me ungrateful in the other , but $ready
{TEXT:really} to requite you to my uttermost for your Friendship so
frankly offered ; (THOWARD2-E2-P1,1,95.498)
the rather I shall have occasion to imploy my self for the just Reward
of your Deserts , the sooner I shall think my self in Nature ,
Friendship , and Conscience discharged of my Obligation .
(THOWARD2-E2-P1,1,95.499)
In the mean time , good my Lord , assure your self , that you have not
only purchas'd a faithful Friend , but also a natural Brother , who is
not , nor will not be less careful for your Weal and Surety , than his
own Honour and Credit : whereof I am fully persuaded you doubt not :
(THOWARD2-E2-P1,1,95.500)
and therefore in that Point I need not to be over-tedious ,
(THOWARD2-E2-P1,1,95.501)
but briefly to return to that you desire to be satisfy'd of , which is
, for my Marriage with all Sincerity with your Sister ; wherein I must
deal plainly with your Lordship , as my only Friend , that I have so
far proceeded herein , as I , with Conscience , can neither revoke that
that I have done , nor never do mean , while I do live , to go back
from this that is done , nor with Honour proceed further , until such
time as you there shall remove such Stumbling-blocks , as be
Impeachment to our more apparent Proceeding ; which when by me it shall
be finished , upon mine Honour the rest shall follow to your
Contentment and Comfort . Wherefore my earnest Request , at this
present , to my good Lord , is , that you will proceed herein with such
Expedition , as the Enemies of this good Purpose , which will be no
small number , against the uniting of this Land into one Kingdom in
time coming , and the Maintenance of God's true Religion , may
not have Opportunity , thro' the Delay given them , to hinder our
intended Determination ; against the which , I am of opinion , there
will be no Practices by foreign Princes omitted .
(THOWARD2-E2-P1,1,96.502)
This I hope will be sufficient to resolve you , my Lord , of your
Desire touching the Marriage ; referring my self wholly , for your more
ample Instruction and Satisfaction in all Points , to my Lord
Boid , who hath commission both by the Queen of Scotland
, your Sister , and also by me , to resolve you of all Doubts ,
whom I wish you to credit as my self . (THOWARD2-E2-P1,1,96.503)
You shall not want the furtherance in this Enterprize of the most part
of the Noblemen of this Realm ; whose faithful Friendship in this Case
, and all other my Actions , I have to my Contentment sufficiently
proved . (THOWARD2-E2-P1,1,96.504)
Thus being persuaded that your Lordship's Endeavour is for the
Maintenance of God's Glory , and the Advancement of the common Weal of
this Island , I have adventured to impart my secret Determination , as
to one whom I make account to be assured of , and unto whom I wish long
Life and prosperous Health , to his Heart's Desire .
(THOWARD2-E2-P1,1,96.505)
So with my hearty Commendations at this present , without further
Molestation , I am , My good Lord , Your faithful and most assured
Friend . (THOWARD2-E2-P1,1,96.506)
From my House in London , (THOWARD2-E2-P1,1,96.507)
July 1 . (THOWARD2-E2-P1,1,96.508)
I have heard you have been in the North of
Scotland , (THOWARD2-E2-P1,1,96.509)
and doubt not but you have satisfy'd the Request I made for the Bishop
of Rosse , and have caused his Servants to be obeyed of
his Benefices ; (THOWARD2-E2-P1,1,96.510)
and what is left undone , I pray you cause it to be effectually
furthered . (THOWARD2-E2-P1,1,96.511)
He hath the Queen of Scots Letter , directed to you for
that effect ; (THOWARD2-E2-P1,1,96.512)
but trusting that my Request shall make him to be obeyed , ere the
other come to your hands , wherein you shall do me singular Pleasure .
(THOWARD2-E2-P1,1,96.513)
Norfolk
Duke , All these are Letters , and answer'd two years
ago , when Mr. Sadler and Mr. Attorney
were sent to examine me upon Interrogatories .
(THOWARD2-E2-P1,1,96.515)
Indeed I must confess my own Folly ; (THOWARD2-E2-P1,1,96.516)
it is an ill Cook that $can $not {TEXT:cannot} lick his own Fingers .
(THOWARD2-E2-P1,1,96.517)
The Bishop of Rosse wrote the Letter ,
(THOWARD2-E2-P1,1,96.518)
and he lick'd his own Fingers . (THOWARD2-E2-P1,1,96.519)
The Earl of Murray wrote to me very humbly , and that he
was at my Commandment , with such like words .
(THOWARD2-E2-P1,1,96.520)
I having no leisure to write Answer to him , drew Articles to give him
thanks : (THOWARD2-E2-P1,1,96.521)
but that the Noblemen liked of that Marriage , and I wished no Man's
Friendship more than his in it , the Bishop of Rosse
added of his own , (THOWARD2-E2-P1,1,96.522)
and put it in Cipher in this Form , which Cipher I had not then .
(THOWARD2-E2-P1,1,96.523)
Serj. This is the very Copy of your own Letter .
(THOWARD2-E2-P1,1,96.524)
Duke . See my Answer made in my first Troubles , two
years past . (THOWARD2-E2-P1,1,96.525)
Serj. The Queen's Majesty understanding the Duke's
Intention to marry with the Scotish Queen , the Duke
himself , by way of Prevention , complained to the Majesty of the
Rumour that was spread against him , that he sought the Scotish
Queen's Marriage , (THOWARD2-E2-P1,1,96.526)
and prayed it might be examined . In which her complaint , as I have
heard her Majesty her self declare it , and some here of my Lords have
likewise heard it , he said , among other things , To what end should I
seek to marry her , being so wicked a Woman , such a notorious
Adulteress and Murderer ? (THOWARD2-E2-P1,1,96.527)
I love to sleep upon a safe Pillow : (THOWARD2-E2-P1,1,96.528)
I account my self , to your Majesty's good Favour , as good a Prince at
home in my Bowling-Alley at Norwick , as she is , tho'
she were in the middle of her Kingdom . (THOWARD2-E2-P1,1,96.529)
The Revenues of the Crown of Scotland all the
ordinary Charges deducted about the necessary Affairs of the
Realm , are not comparable to mine own that I enjoy by your goodness ,
as I have heard of the chief Officers of that Realm ; considering also
that her Kingdom is not in her hand , but possess'd by another ;
(THOWARD2-E2-P1,1,96.530)
if I should seek to match with her , knowing , as I do know , that she
pretendeth a Title to the present possession of your Crown , your
Majesty might justly charge me with seeking your own Crown from your
Head . (THOWARD2-E2-P1,1,96.531)
This the Duke spake to the Queen's Majesty , in his Excuse , when the
Fame went of his Marriage with the Scotish Queen , when
yet , beside that time , he had dealt earnestly in it .
(THOWARD2-E2-P1,1,96.532)
Duke . I may not nor will not stand against her
Majesty's Testimony , (THOWARD2-E2-P1,1,96.533)
I must give place unto it ; (THOWARD2-E2-P1,1,96.534)
but hereof I was examined two years ago , (THOWARD2-E2-P1,1,96.535)
and then I declared , as I now do , that at that time I intended not
the Marriage . (THOWARD2-E2-P1,1,96.536)
And true it is , that I have at sundry times , some at one time , and
some at another , used some of those kinds of Speeches ;
(THOWARD2-E2-P1,1,96.537)
but at that time I dealt not with that Marriage ,
(THOWARD2-E2-P1,1,96.538)
nor minded it . (THOWARD2-E2-P1,1,96.539)
Serj. Your own Confession is otherwise ;
(THOWARD2-E2-P1,1,96.540)
for your self have since confessed , that you concealed from the Queen
your Conferences with Ledington and Rosse
about the Marriage , both the Conferences had at York
and at Hampton-Court . (THOWARD2-E2-P1,1,96.541)
Duke . I never consented to the Marriage at those times
of their Conferences , (THOWARD2-E2-P1,1,96.542)
and so I might well use their Speeches . (THOWARD2-E2-P1,1,96.543)
Then was produced his own Examination the 6th of November
, 1571 . (THOWARD2-E2-P1,1,96.544)
and it was read , (THOWARD2-E2-P1,1,96.545)
and he confessed his Concealment of those Speeches and Conferences
before used about the Marriage , and that it had indeed been moved ,
but not concluded on : (THOWARD2-E2-P1,1,96.546)
He remembreth that the Queen charged him straightly not to proceed in
that Marriage ; (THOWARD2-E2-P1,1,96.547)
but he remembreth not that she charged him upon his Allegiance .
(THOWARD2-E2-P1,1,96.548)
The Duke of Norfolk , (THOWARD2-E2-P1,1,96.549)
the 6 th of November , 1571 .
(THOWARD2-E2-P1,1,96.550)
To the first and second , he saith , That he remembreth that at
Hampton-Court , upon a Report made by Robert Melvin
, so declared by Woolcock , that this Examinant
had gone about a matter of Marriage with the Scotish
Queen for himself , wherein he took himself to be much wronged , and
desired to have the Matter examined ; for that he had not dealt in that
Matter , and doth not remember what the Queen's Majesty said unto him
at that time : at which time he said for himself , That he intended no
such thing , nor meant any such thing ; (THOWARD2-E2-P1,1,96.551)
and yet he confesseth , That he did not declare to the Queen's Majesty
, at that time , of any Speech that had been used unto him by
Ledington at York , and the Earl of
Murray at Hampton-Court , touching the said
Marriage . (THOWARD2-E2-P1,1,96.552)
Being at Titchfield , the Queen's Majesty called him to
her Gallery , asking of him , Whether he had dealt any wise for the
Marriage of the Queen of Scots , as it was reported ?
Whereunto he answered , He thought her Majesty had heard by others .
(THOWARD2-E2-P1,1,96.553)
But she willed him to declare the Truth , because she had rather hear
it of himself : (THOWARD2-E2-P1,1,96.554)
And so he declar'd , That he had received Letters from her ;
that the matter had been mov'd and written unto her ;
(THOWARD2-E2-P1,1,97.555)
but he had not made any Conclusion in that Matter with her . Whereupon
her Majesty shewing herself to mislike thereof , commanded and charged
him that he should not deal any further therein with the Queen of
Scots , nor any other Person in that Matter :
(THOWARD2-E2-P1,1,97.556)
But that he was charg'd upon his Allegiance , he doth not certainly
remember ; (THOWARD2-E2-P1,1,97.557)
but that he was straitly commanded , he doth well remember .
(THOWARD2-E2-P1,1,97.558)
At length he confess'd , that he was charg'd upon his Allegiance .
(THOWARD2-E2-P1,1,97.559)
Serj. At Titchfield the Queen's Majesty
expressly commanded the Duke of Norfolk upon his
Allegiance , as himself hath now confess'd , not to proceed in that
Marriage with the Scotish Queen :
(THOWARD2-E2-P1,1,97.560)
Now , if we prove that this Commandment notwithstanding , and against
his own Promise , he afterward still proceeded , and that much more
earnestly than before ; and yet nevertheless , that he had all the
while conceived an evil Opinion against the Scotish
Queen , and upon the sight of her Letters , and other Evidences ,
shewed he thought her plainly guilty of abominable Whoredom , of the
Murder of her Husband , and signify'd it by Letters , and declar'd the
same his Opinion to Bannister : And also , That he made
no account of her Kingdom of Scotland , which she had
not in Possession ; or if she would have it , yet he counted it not
comparable to his own Dukedom . He I say so doing ,
and so conceiving and so declaring , and yet still more and more
prosecuting the Marriage , $can $not {TEXT:cannot} be said to have
prosecuted it , in respect of her Person , but of some other thing
forsooth the Crown of England which he
hoped to attain under her pretended Title . (THOWARD2-E2-P1,1,97.561)
You never saw her , (THOWARD2-E2-P1,1,97.562)
you could not then be carried with Love of her Person ;
(THOWARD2-E2-P1,1,97.563)
you conceiv'd ill Opinion of her , (THOWARD2-E2-P1,1,97.564)
so could you not be led with Love of her Condition ;
(THOWARD2-E2-P1,1,97.565)
the Fame of good Qualities and virtuous Conditions you never heard much
of , except it were by herself , or the Bishop of Rosse
, or some of the Ministers ; (THOWARD2-E2-P1,1,97.566)
her Kingdom of Scotland you esteemed not , both because
she had it not in Possession , but it was in Possession of her Son , by
her own Dimisse ratify'd by Parliament , and for that it was not so
good value as your own Possessions were . (THOWARD2-E2-P1,1,97.567)
To what end then pursued you the Marriage ? (THOWARD2-E2-P1,1,97.568)
To what end then pursued you the Marriage ? (THOWARD2-E2-P1,1,97.569)
To no other End surely , but to advance and maintain the false and
pretended Title to the present Possession of the Crown of
England ; and for the attaining thereof , to practise the
Deprivation , Death and Destruction of the Queen's Majesty .
(THOWARD2-E2-P1,1,97.570)
If further , we shall plainly prove that after your departing from the
Court , you meant not only to prosecute the Marriage , but also to
prosecute it with Force , against the Queen in her own Realm ; then it
must needs be with intent of her Majesty's Deprivation and Destruction
, and so High-Treason , within compass of the Statute of 25 of
Edward the Third . (THOWARD2-E2-P1,1,97.571)
For whoso shall take upon him to prosecute and maintain a Title to the
Crown by force against the Queen , and within her own Realm , must
needs make account that the Queen must and will resist that Force ;
(THOWARD2-E2-P1,1,97.572)
if then that Force may overcome the Prince's Force , what is the
likelihood then to ensue ? (THOWARD2-E2-P1,1,97.573)
There must needs follow Deprivation of the Queen , and thereupon her
Death and Destruction ; (THOWARD2-E2-P1,1,97.574)
for the Jealousy of an Usurper by Force , can in no wise suffer a
rightful Prince to live . (THOWARD2-E2-P1,1,97.575)
Now to prove your Intention to pursue the Marriage with Force against
the Queen : (THOWARD2-E2-P1,1,97.576)
In your Journey towards London , you entered into
Conference and Device between another and you , for taking the
Tower of London , with all the Queen's Ordnance
, Ammunition and Treasure therein , and to have kept the Tower
by Force against the Queen , and so to have brought the
Marriage to pass by Force , whether the Queen would or no .
(THOWARD2-E2-P1,1,97.577)
But it took not Effect : (THOWARD2-E2-P1,1,97.578)
for the Queen's Majesty having understanding thereof before , provided
for enforcing the Place with new Supply ; (THOWARD2-E2-P1,1,97.579)
and Mr. Pelham , Lieutenant of the Ordnance , was , for
that purpose , put in with sufficient Power . (THOWARD2-E2-P1,1,97.580)
Afterward being at your own House , the Charter-House ,
the Queen's Majesty understanding of these Attempts , sent for you ;
whereunto you make a feigned Excuse of doubt of Sickness , and that you
had taken Physick so that for four or five Days you could not journey ;
promising after those four or five Days , to wait on her Majesty ,
according to your Duty . (THOWARD2-E2-P1,1,97.581)
And immediately after this Excuse sent , without tarrying four or five
Days , or any more Days , the same Night , you by and by stole away
into Norfolk , (THOWARD2-E2-P1,1,97.582)
and there intended to have levied Force ; but that the Queen's Majesty
and her Council suspecting your Purpose , had secretly sent into those
Parts before , and taken Order for impeaching of your Intention .
(THOWARD2-E2-P1,1,97.583)
If this then be prov'd true , That you still prosecuted the Marriage ,
without liking of her Person , without Estimation of her Possessions ,
with only respect to her false Title to the Crown of England
, and with Force ; and sithence it $can $not {TEXT:cannot} be
pursued with Force against the Queen , nor Force levied against her
Majesty , without Purpose to suppress her Majesty's Force , and to
depose her from her Crown and Dignity ; and he that so seeketh to
depose her must needs be thought that he will not suffer her to live :
All these Matters consider'd , the seeking of this Marriage in this
Form , must needs be High-Treason , within Compass of the Statue of 25
of Edward the Third . (THOWARD2-E2-P1,1,97.584)
Here was produced the Duke's own Letter , and the other Commissioners ,
from York to the Queen's Majesty ; wherein is signified
the great Abomination of the Scotish Queen , appearing
in her own Letters , and the Certainty of the Truth of those Letters ,
both by offer of Oath of those that exhibited them , and by Discourses
of some Matters there ; which could not be written but by herself ,
being known to none other . (THOWARD2-E2-P1,1,97.585)
The Commissioners Letter is as followeth . (THOWARD2-E2-P1,1,97.586)
' Afterwards they shew'd unto us an horrible and long letter of her own
Hand as they say containing foul Matter , and
abominable to be either thought of , or to be written by a Princess ,
with divers fond Ballads of her own Hand ; which Letters , Ballads ,
and other Writings before specify'd , were closed in a little Coffer of
Silver and gilt , heretofore given to her by Bothwell .
(THOWARD2-E2-P1,1,97.587)
The said Letters and Ballads did discover such inordinate and filthy
Love , between her and Bothwell , her Loathsomeness and
Abhorring of her Husband that was murdered , and the Conspiracy of his
Death , in such sort as every good and godly Man $can $not
{TEXT:cannot} but detest and abhor the same . (THOWARD2-E2-P1,1,97.588)
And those Men here do constantly affirm the said Letters and other
Writings , which they produce of her own Hand , to be her own Hand
indeed , (THOWARD2-E2-P1,1,97.589)
and do offer to swear and to take their Oath thereupon ; as indeed the
Matter contain'd in them being such as could hardly be
invented or devis'd by any other than by herself ; for that the
Discourse of some things , which were unknown to any other than to
herself and Bothwell , doth the rather persuade us to
believe that they be indeed of her own Hand-writing .
(THOWARD2-E2-P1,1,98.590)
And as it is hard to counterfeit so many and so long Letters ; so the
Matters of them , and the Manner how these Men came by them is such ,
as it seemeth that God , in whose sight the Murder and Blood of the
Innocent is abonimable , would not permit the same to be hid or
conceal'd . (THOWARD2-E2-P1,1,98.591)
In a Paper herein inclos'd , we have noted to your Majesty the chief
and principal Points of their Letters , written as they say
with her own Hand , to the Intent it may please your Majesty
to consider of them , and so to judge whether the same be sufficient to
convince her of the detestable Crime of the Murder of her Husband ;
which in our Opinion and Consciences , if the said Letters be written
with her own Hand was we believe they be is very hard
to be avoided . (THOWARD2-E2-P1,1,98.592)
Duke . This maketh for me ; (THOWARD2-E2-P1,1,98.593)
for this proveth that I so much misliking her , and signifying by my
Letter so much against her , dealt not on that side when I was at
York , where this Letter was written .
(THOWARD2-E2-P1,1,98.594)
Serj. There were others join'd with you in the Letter ,
so that you could not otherwise write ; however you otherwise dealt :
(THOWARD2-E2-P1,1,98.595)
but this maketh much against you , (THOWARD2-E2-P1,1,98.596)
for it prov'd you had an evil Opinion of her , and so could not seek
the Marriage in respect of her Person , but only in respect of her
false Title ; (THOWARD2-E2-P1,1,98.597)
and that not to the Kingdom of Scotland , which she had
not , and which you despis'd , but to the Crown of England
. (THOWARD2-E2-P1,1,98.598)
Now you shall , to the same end , hear your own Report against her to
Bannister . (THOWARD2-E2-P1,1,98.599)
Duke . Bannister was shrewdly cramp'd
when he told that Tale . (THOWARD2-E2-P1,1,98.600)
I beseech you let me have him brought Face to Face .
(THOWARD2-E2-P1,1,98.601)
Serj. No more than you were . (THOWARD2-E2-P1,1,98.602)
Then was read Bannister 's Confession , in
October , 12 Eliz. (THOWARD2-E2-P1,1,98.603)
This sheweth that you had an evil Opinion of her , and so no Affection
to the Person ; (THOWARD2-E2-P1,1,98.604)
therefore your seeking of that Marriage was for another Respect ;
(THOWARD2-E2-P1,1,98.605)
and therefore Ledington , Rosse , and you
practis'd the Matter at York . (THOWARD2-E2-P1,1,98.606)
Duke . They broke it to me . (THOWARD2-E2-P1,1,98.607)
What is this to me ? (THOWARD2-E2-P1,1,98.608)
Did I consent ? (THOWARD2-E2-P1,1,98.609)
Serj. You consented . (THOWARD2-E2-P1,1,98.610)
Duke . No . (THOWARD2-E2-P1,1,98.611)
Serj. They say plainly , that you practis'd to withdraw
the things that might charge her . (THOWARD2-E2-P1,1,98.612)
Wilbraham . You have said , that the Bishop of
Rosse hath accus'd you of Malice ; (THOWARD2-E2-P1,1,98.613)
but you answer nothing to that which the Bishop of Rosse
wrote to his Mistress , the Scotish Queen , in Secrecy ,
wherein could be no Malice . (THOWARD2-E2-P1,1,98.614)
Duke . Ledington broke it to me ,
(THOWARD2-E2-P1,1,98.615)
and the Earl Murray broke it to me .
(THOWARD2-E2-P1,1,98.616)
I pray you , let them be brought face to face to me :
(THOWARD2-E2-P1,1,98.617)
I have often requir'd (THOWARD2-E2-P1,1,98.618)
and the Law I trust is so . (THOWARD2-E2-P1,1,98.619)
Serj. The Law was so for a time in some Cases of Treason
: (THOWARD2-E2-P1,1,98.620)
but , since , the Law hath been found too hard and dangerous for the
Prince , (THOWARD2-E2-P1,1,98.621)
and it hath been repeal'd . (THOWARD2-E2-P1,1,98.622)
You intended to have proceeded with the Marriage by Force ;
(THOWARD2-E2-P1,1,98.623)
and for proof thereof , you have heard of the Device for taking of the
Tower . (THOWARD2-E2-P1,1,98.624)
Now to prove further your Purpose to pursue your Enterprize by Force ,
let be read the Confession of the Bishop of Rosse to the
second Article . (THOWARD2-E2-P1,1,98.625)
The Bishop of Rosse 's Confession the 3
d of November , 1571 . (THOWARD2-E2-P1,1,98.626)
To the second Article . (THOWARD2-E2-P1,1,98.627)
The Duke being after conferr'd with by the Bishop of Rosse
, from his Mistress , to know what he would do in the Matter of
the Marriage , if the Queen would not assent , said , he knew she would
, tho' not at the first ; because most of the Council and Noblemen
thought it meet ; and that he had known the Minds of most of the
Noblemen . (THOWARD2-E2-P1,1,98.628)
And after , when the Queen was offended with him coming from
Southampton , he told the Bishop he would depart into his own
Country , and so was resolv'd , by the Earls of Arundel
and Pembroke , who would do the like ; and there would
take purpose , by the Advice of his Countrymen and Friends , and do
that was likeliest for the Advancement of the Cause .
(THOWARD2-E2-P1,1,98.629)
The Bishop said , the Queen's Majesty would by Force fetch him out of
his Country . (THOWARD2-E2-P1,1,98.630)
He answer'd ; That no Nobleman in England would accept
that Charge at her Commandment ; (THOWARD2-E2-P1,1,98.631)
for he knew their Minds , specially for those in the North
, who would assist . (THOWARD2-E2-P1,1,98.632)
And if that he might once have that open Quarrel against her , that she
would first pursue him , he would have Friends enough to assist him
(THOWARD2-E2-P1,1,98.633)
and that the Scotish Queen should be safely enough
provided for ; (THOWARD2-E2-P1,1,98.634)
for that was the principle Mark he shot at , and would do what he could
to have her in his hands . (THOWARD2-E2-P1,1,98.635)
And the Earls of Arundel and Pembroke had
promised to do as he did ; (THOWARD2-E2-P1,1,98.636)
and they in the North had promis'd the like .
(THOWARD2-E2-P1,1,98.637)
Item , Liggons told the Bishop , that the
Duke was resolv'd to go thro' with the Matter by Force , if the Queen
would not assent to it . (THOWARD2-E2-P1,1,98.638)
At this time common Messages past between the Scotish
Queen and the Duke , and them of the North .
(THOWARD2-E2-P1,1,98.639)
Duke . All is false , saving that the Bishop of
Rosse once spake with me ; (THOWARD2-E2-P1,1,98.640)
and then understanding him to be a suspected Man , I desir'd him to
forbear to come to me ; (THOWARD2-E2-P1,1,98.641)
nevertheless , by his great Earnestness and Importunity , that I would
but once admit him to come to me , at length he came ,
(THOWARD2-E2-P1,1,98.642)
and then he mov'd me for certain Money of the Scotish
Queen , about l. remaining in my keeping :
(THOWARD2-E2-P1,1,98.643)
One Letter he brought me , and no more Letters , 'till after my first
Trouble . (THOWARD2-E2-P1,1,98.644)
As for my going into Norfolk , I can bring good Witness
, that I meant not to go into Norfolk , four Hours
before I went , and that I spake not with him in two days before .
(THOWARD2-E2-P1,1,98.645)
It is of good ground that I have prayed to have the Bishop of
Rosse brought to me in private Examination face to face ,
whereby I might have put him in remembrance of truth ;
(THOWARD2-E2-P1,1,98.646)
but I have not had him face to face , (THOWARD2-E2-P1,1,98.647)
nor have been suffer'd to bring forth Witnesses , Proofs , and
Arguments , as might have made for my Purgation .
(THOWARD2-E2-P1,1,98.648)
As for sending of Letters to my Lord of Northumberland ,
or my Brother of Westmoreland , all is false ;
(THOWARD2-E2-P1,1,98.649)
I never received Letters from them in all my time .
(THOWARD2-E2-P1,1,98.650)
If ever I sent to them , or receiv'd from them any Letters in three
Quarters of a Year before , let me never be credited .
(THOWARD2-E2-P1,1,98.651)
Serj. You shall have Proofs that the Bishop of
Rosse hath said it . (THOWARD2-E2-P1,1,99.653)
You stand much upon your own Credit : (THOWARD2-E2-P1,1,99.654)
Now therefore to your Credit , I will say
{COM:no_period;_parse_best_i_can_do} somewhat (THOWARD2-E2-P1,1,99.655)
against your Oath specially taken , when you were appointed Commission
for the Matter at York ; and against your Oath of a
Counsellor to the Queen's Majesty , you dealt indirectly and partially
; (THOWARD2-E2-P1,1,99.656)
you deceived the Queen's Majesty's Trust , (THOWARD2-E2-P1,1,99.657)
and disclosed her Secrets . (THOWARD2-E2-P1,1,99.658)
Duke . I deny it . (THOWARD2-E2-P1,1,99.659)
Serj. It is well proved that at Hampton-Court
, being examined of the Matter by the Queen's Majesty , you
dissembled it : (THOWARD2-E2-P1,1,99.660)
Being examined of Money lent by you to the Scotish Queen
, you denied it : (THOWARD2-E2-P1,1,99.661)
Being charged upon your Allegiance , you promised not to proceed
further in the Matter . (THOWARD2-E2-P1,1,99.662)
Notwithstanding that express Commandment of her Majesty ; yet , against
your Duty , against your Promise and Faith , you still proceeded .
(THOWARD2-E2-P1,1,99.663)
Duke . I confess this was mine Error ;
(THOWARD2-E2-P1,1,99.664)
but I have already made humble Petition to my Peers , not to confound
my Faults together , nor to mingle my inferior Offences with this great
Cause . (THOWARD2-E2-P1,1,99.665)
Serj. Sithence the Commandment given to you at
Titchfield , not to proceed in Dealing with the Scotish
Queen in any wise , you have continually dealt with her :
(THOWARD2-E2-P1,1,99.666)
You have lent her Money ; (THOWARD2-E2-P1,1,99.667)
you have maintained Liggons , your Man and your
Solicitor , continually to advertise you , from the Bishop of
Glasgow , and the Pope's Nuncio ; (THOWARD2-E2-P1,1,99.668)
and you have advertised him from hence . (THOWARD2-E2-P1,1,99.669)
He hath had Money of you , (THOWARD2-E2-P1,1,99.670)
and you have received Letters from him four times in Coffers .
(THOWARD2-E2-P1,1,99.671)
Duke . Liggons is not my Sollicitor .
(THOWARD2-E2-P1,1,99.672)
Serj. He is your Sollicitor , (THOWARD2-E2-P1,1,99.673)
and so your self have expounded him ; (THOWARD2-E2-P1,1,99.674)
for where the Scotish Queen , in her Letters , speaketh
of your Sollicitor , being asked whom she meant thereby , you have
answered , Liggons . (THOWARD2-E2-P1,1,99.675)
Duke . At the first indeed she so called him ;
(THOWARD2-E2-P1,1,99.676)
but Sollicitor is no Name of use . (THOWARD2-E2-P1,1,99.677)
He hath not been so since my first Trouble ; (THOWARD2-E2-P1,1,99.678)
and so for her calling , it is no matter , (THOWARD2-E2-P1,1,99.679)
she once called me Legista . (THOWARD2-E2-P1,1,99.680)
Serj. He is your Sollicitor ; (THOWARD2-E2-P1,1,99.681)
for she so taketh him , (THOWARD2-E2-P1,1,99.682)
and your self do so expound it . (THOWARD2-E2-P1,1,99.683)
Then was read his own Confession , of Money lent l. and
received , &c . (THOWARD2-E2-P1,1,99.684)
The Duke confessed this receiving and lending of Money .
(THOWARD2-E2-P1,1,99.685)
Then was read the Bishop of Rosse 's Confession ,
concerning Money sent by Barthwick , and of Money
delivered to Francis Bishop . (THOWARD2-E2-P1,1,99.686)
Duke . This I deny not . (THOWARD2-E2-P1,1,99.687)
Serj. Francis Bishop was a Traitor .
(THOWARD2-E2-P1,1,99.688)
Duke . I knew him not . (THOWARD2-E2-P1,1,99.689)
Serj. Now for the mater of taking the Tower .
(THOWARD2-E2-P1,1,99.690)
Duke . I deny it . (THOWARD2-E2-P1,1,99.691)
Serj. Was it not mentioned unto you in the way , when
you came from Titchfield , by one that came to you , and
moved you a Device between you and another , for taking the
Tower ? (THOWARD2-E2-P1,1,99.692)
Duke . I have confessed that such a Motion was made to
me , (THOWARD2-E2-P1,1,99.693)
but I never assented to it . (THOWARD2-E2-P1,1,99.694)
Serj. You concealed it : (THOWARD2-E2-P1,1,99.695)
And to what end should you have taken the Tower , but to
have kept it against the Queen by Force ? (THOWARD2-E2-P1,1,99.696)
But you say you like not the Motion , (THOWARD2-E2-P1,1,99.697)
you asked advice of it . (THOWARD2-E2-P1,1,99.698)
Duke . Indeed I told one of it :
(THOWARD2-E2-P1,1,99.699)
Owen met me by the way from Titchfield ,
(THOWARD2-E2-P1,1,99.700)
and told me how we were all in danger , (THOWARD2-E2-P1,1,99.701)
and said , That some of our Friends thought it was best to take the
Tower . (THOWARD2-E2-P1,1,99.702)
I refused to do it , (THOWARD2-E2-P1,1,99.703)
and said , Take the Tower ! (THOWARD2-E2-P1,1,99.704)
that were a proper Device indeed ! (THOWARD2-E2-P1,1,99.705)
And thence I went to my Lord of Pembroke 's ,
(THOWARD2-E2-P1,1,99.706)
and there din'd ; (THOWARD2-E2-P1,1,99.707)
and then I told my Lord of Pembroke of that Device ;
whereunto he answered , We are well , and safe enough :
(THOWARD2-E2-P1,1,99.708)
Let them that be faulty take the Tower , if they will .
(THOWARD2-E2-P1,1,99.709)
And to what end should I have taken the Tower ?
(THOWARD2-E2-P1,1,99.710)
Serj. To maintain by Force that which you had practised
against the Queen's Majesty's Commandment , which was the Marriage with
the Scotish Queen . (THOWARD2-E2-P1,1,99.711)
Duke . I had not then dealt with it .
(THOWARD2-E2-P1,1,99.712)
Serj. It is well proved that you had ;
(THOWARD2-E2-P1,1,99.713)
and afterward , at your House at Charter-House , you
receiv'd Letters , Messages , and Tokens from the Scotish
Queen ; (THOWARD2-E2-P1,1,99.714)
you received from her a Brooch , with a Hand cutting down a Vine , and
this Poesy upon it , Virescit vulnere Virtus .
(THOWARD2-E2-P1,1,99.715)
But my Lord , do green Vines grow when they be cut ?
(THOWARD2-E2-P1,1,99.716)
And a green Vine it was . (THOWARD2-E2-P1,1,99.717)
Wilbraham . My Lord , you still say you dealt not at
this time , or that time , against her Majesty's Commandment ;
(THOWARD2-E2-P1,1,99.718)
I pray you at what time , since her Majesty's Commandment upon your
Allegiance , did you forbear to deal with the Scotish
Queen ? (THOWARD2-E2-P1,1,99.719)
Serj. Beside this you have given advice as a Counsellor
to the Scotish Queen , against the Queen's Majesty :
(THOWARD2-E2-P1,1,99.720)
Namely , when in Treaty between the Queen's Majesty and her , there
were three Articles propounded on the Queen's Majesty's part ; the one
for the Delivery of her Son into the Queen's Majesty's Custody ; the
other for delivering the English Rebels that were fled
into Scotland ; the third for delivering certain Holds
in Scotland into English Men's Possession
: (THOWARD2-E2-P1,1,99.721)
He gave Advice herein as a Counsellor , against the Queen his Sovereign
Lady . (THOWARD2-E2-P1,1,99.722)
The Articles were expressly sent to the Duke to have his Advice ,
before that the Scotish Queen would resolve of any
Answer ; (THOWARD2-E2-P1,1,99.723)
and she respited her Answer to be made according to his Direction .
(THOWARD2-E2-P1,1,99.724)
He gave Advice , that she should in no wise deliver her Son ,
(THOWARD2-E2-P1,1,99.725)
for it was against her own Safety , not knowing whether she delivered
him into her Friends hands or no . (THOWARD2-E2-P1,1,99.726)
As for the Rebels , she should in no wise deliver them ,
(THOWARD2-E2-P1,1,99.727)
for it were against her Honour : (THOWARD2-E2-P1,1,99.728)
And as for the Holds , she should not deliver any ;
(THOWARD2-E2-P1,1,99.729)
for it were against the Safety of her Friends in Scotland .
(THOWARD2-E2-P1,1,99.730)
Duke . For advising not to deliver the Rebels , I deny
that ever I gave any such Advice . (THOWARD2-E2-P1,1,99.731)
As for Delivery of her Son , I advised her not otherwise but thus ,
that I wished her to bestow him there , where she might have sure
Friends . (THOWARD2-E2-P1,1,99.732)
Serj. Thus , contrary to your Oath , Allegiance , and
Fidelity , and against the Credit that you would fain be thought of ,
you became , by your own Confession , a Counsellor to a foreign Prince
against your own Sovereign Lady . (THOWARD2-E2-P1,1,99.733)
Burleigh . My Lord , did you ever desire to have any
Proofs or Witnesses produced for your part , to prove any thing that
might make for you ? (THOWARD2-E2-P1,1,99.734)
And were you denied ? (THOWARD2-E2-P1,1,99.735)
Duke . I have divers times prayed , that if any thing
were denied to be true which I said , I might be driven to my Proof of
it . (THOWARD2-E2-P1,1,99.736)
Burleigh . I ask it , because I have not heard it
reported to her Majesty that you made any such Request , to have any
special Witnesses examined , or Proofs heard , on your part .
(THOWARD2-E2-P1,1,100.738)
Here was produc'd and read the Confession of Hickford to
the 3d Article . (THOWARD2-E2-P1,1,100.739)
Duke . I advised her , touching her Son , that she
should first be well assur'd that he should be bestow'd among her
Friends . (THOWARD2-E2-P1,1,100.740)
For her Castles , I advised her , that she should in any wise take heed
, that they might not after come into the hands of her Enemies ;
(THOWARD2-E2-P1,1,100.741)
for so if she deliver'd Edinburgh-Castle , she should
not be safe in Holyrood-House .
(THOWARD2-E2-P1,1,100.742)
Serj. How standeth this with the Duty and Oath of a
Counsellor , to give Advice to a foreign Prince against the Queen's
Majesty ? (THOWARD2-E2-P1,1,100.743)
Duke . I excuse it not , (THOWARD2-E2-P1,1,100.744)
herein I confess my Error ; (THOWARD2-E2-P1,1,100.745)
I beseech you call not these my inferiour Faults , which I have
confess'd , among the greater wherewith I am charg'd .
(THOWARD2-E2-P1,1,100.746)
Serj. Thus appeareth how he hath given Advice against
the Queen to the Scotish Queen .
(THOWARD2-E2-P1,1,100.747)
Now it shall be further prov'd unto you , that where the Scotish
Queen is here in Custody as the Queen's Prisoner , he hath also
been privy to Devices for conveying her away .
(THOWARD2-E2-P1,1,100.748)
Here was produc'd the Confession of Barker ,
October 5 . 1571 . (THOWARD2-E2-P1,1,100.749)
Article . (THOWARD2-E2-P1,1,100.750)