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)