· against the queen ; for that he knew Mary late Queen of Scots to have claimed the crown of this realm, and to have named herself 6 queen of England, and bore the arms of our queen without difference; did, the 22d of September, anno prædict', before and after, compose, and imagine to deprive, destroy, and put to death our sovereign lady the queen, to raise rebellion, to subvert the com monwealth, and to stir up foreign enemies to invade this realm, and to levy war against the queen; for that he knew Mary late queen ' of Scots to have claimed the crown of this realm, and to have named 'herself queen of England, and bore the arms without difference; did, the 22d of September, anno prædict', before and after, without the consent of our said queen, send divers tokens and letters to the 'said late Scottish queen, and lent her divers sums of money, and received divers tokens from her, contrary to the commands of the queen, and contrary to his own submission and promise under his hand and seal; and that he knowing the late Earls of Northumber land, and Westmorland, the northerns, Markenfield, and others, which had levied war against the queen, the 16th of November, anno prædict', and had assembled, to the number of a thousand per6 sons, and then fled the 12th of December anno prædict', into Scotland, and there were received by the Duke of Castol Herald, Lord "Hunne, and there pursued by the Earl of Sussex: He, on the 7th of August anno prædict', did send, before and after, money unto them, and that he being adherent to the pope, the queen's enemy, the 10th of March, 12 anno reginæ, did consent and consult with Ro. 'bert Radolph, merchant stranger, and the pope's factor, to have money from the pope, and the duke of Alva, and that they should send an army to invade the realm, to deliver the said Scottish queen. And further, whereas the said Robert Radolph had written, in the < name of the said duke, three letters, one to the Pope, the second to King Philip, and the third to the Duke of Alva; the said Duke sent his servant to the ambassador of King Philip, to desire him to certify the Pope, King Philip, and the duke, that he allowed of the 6 same letters; and that they should be taken as sent from him, which was so agreed; but the said Robert Radolph, who delivered the Duke of Norfolk's cyphers, whereof he carried one copy to Rome, whereby each might certify others, and likewise required of the said duke what time the aid should arrive, that they might be pro'vided: And further, that the said duke did receive letters from the 'said pope, with promise of the said aid: and also, that he did send comfort to the Lord Ferris, and other Scots, the queen's enemies, ' &c.' Which indictment being read, Mr. Sands said to the Duke, How sayest thou, Thomas Duke of Norfolk, art thou guilty of these treasons, or not guilty?

Duke. The hearing of this indictment gives me occasion to make request, which I did not intend to have done; which is to have coun. cil assigned me, if the law will permit it.

Catlin. You must have none.

Duke. That is very severe; I was told the indictment was only concerning matters contained in the statute of the 25th Edward III,

I have had very short warning, not more than fourteen hours, night and all: I am no lawyer, and there are many circumstances in which I must submit myself to the opinion of the justices. I could not have books to inform myself, and direct, but must fight without weapons: Yet I have heard, in the cause of Mr. Humphry Stafford, in the time of Henry VII. in a case of treason, he had council assigned him.

Dyer. The case you speak of was concerning the pleading of a sanctuary by prescription.

Duke. I must submit then to your judgments; I must plead for my life, lands, goods, and children, and for that which I esteem much more dear to me, my honour and honesty; my blood will cry aloud for vengeance, if I am condemned unjustly. One request I make to you my judges, to tell me, if the indictment be perfect in all, or in part, and in what part, that thereto I may give my

answer.

Catlin. The cause being true, the indictment is sufficient.

Duke. I should know whether they are all treasons or no? Sands. How sayest thou, Thomas Duke of Norfolk, art thou guilty of these treasons, or not guilty?

Duke. Not Guilty.

Sands. How wilt thou be tried?

Duke. By God and my peers; I am in a great consternation at the treasons that are imputed against me, but am comforted by the justice of the queen, in giving me that trial which the law alloweth, me, and it is such as I require. But this suit I make to the lords,, that I may have justice, and not be oppressed with unnecessary diversities; my memory is ill of itself, and rendered much worse by, evil usage, since my severe imprisonment: I pray God I may forgive it. And, concerning you my peers, I hope I may call it my happiness, that I shall be tried by you, in whose hands I must put my life; and I think I dare into the single hands of a great many of you,, who I know profess religion; and, I hope, will not burthen your, consciences contrary to law and justice; depending upon the clearness, of my innocence, I would not take a needless and cowardly flight; I have what I expected and wished, a trial. I crave it with justice, and must confess I have neglected my duty in matters under treason; I desire those omissions be not imputed as treasons.

Serjeant Burham. This indictment contains three several matters, of treason. First, It is by deprivation of the queen's majesty. The second, is the relief of the rebels in England. The third, the assistance of the Scots, the queen's enemies. To prove the first,, there are two matters of fact declared in the said indictment. First, knowing the Scottish queen to have claimed the crown, he hath attempted marriage with her: also, the conspiracy to procure foreign power to invade the realm, doth prove him guilty of the

matter.

Duke. The Duke, interrupting him, said, Mr. Serjeant, You begin, as I thought you would, in laying the matters of the marriage, and other things, to my charge, which are not treason, to exasperate the

matter; you may do your duty, but yet conscientiously; and then (something smiling) I should speak one thing which I had almost forgot a man suspected is half condemned. I have been charged with an oath; I protest I took the oath, as I shall prove ; pray let it not be laid out to my discredit. They desired it.

I

Burham. He, that would marry with one that claimeth the crown, hopeth to aspire to the same: This matter began at such a time as the duke was one of the commissioners for hearing the cause be tween the late Scottish Queen and the Lords of Scotland, at which time the duke took an oath to deal therein directly, to weigh indif ferently occasions and answers; wherein, notwithstanding, he dealt indirectly, thereby committing perjury, and disclosing the queen's secret counsels; if you deny it, I will prove it.

Duke. This case hath divers parts, not within the compass of treason.

Burham. I demand if you know the claim?

Lord Steward. Your grace must answer directly.

Gerrard. After (upon viewing Serjeant Burham and the queen's attorney) the duke confessed the claim, but not the contrivance, &c. Burham. He shewed the contrivance, by her refusal to acknow. ledge the queen's majesty to be the lawful queen.

Duke. I did not approve it, but I must defend her doing it; she, having a husband, did it; which, at the request of Throgmorton, was left by the queen; she hath since entered into league with her, professing great friendship, and has christened her child.

Burham. But she has not yet renounced her claim, and yet you have as far dealt with her as, being the queen's commissioner, to hear the matter, to open to her the accusations: you gave right in structions how she should deal, that matters might not come to light; and conferred with the Bishop of Ross about the same. For proof whereof, was shewed the examination of the bishop, taken the 6th of November one-thousand five hundred seventy.one, declaring that the duke discovered to him all that he knew of that business, and promised what help he could, &c. But he spoke nothing of the marriage, but referred all to Luddington, who had caused the duke to stay the conference, and shewed unto him her good-will, and how she was set to accompany the Earl of Murray to convey the queen, where he shewed that the duke did advertise him, that they did go about to degrade the Scottish queen with the people of England, that she might be the less able to attempt any thing against the queen of England: and these matters the duke answered at large; the effect

was:

Duke. Luddington only moved the marriage to him, which he at that time refused: that he only told the Bishop of Ross, he could not condescend to that proposition; and, as her circumstances were stated, it would neither be for her honour, nor his he desired the Bishop of Ross might be sent for. Then was shewed a letter of the bishop's, wherein was contained, That it was appointed the Earl of Murray should be murthered in the north, going into Scotland: But, the duke having discoursed with him at Hampton Court about the

VOL. IX.

K

which was opened by some of the council at London: the queen and council understood the whole matter at Easter by the letters directed to Quadrantus and Trantus, but who that signified could not be known till of late, for it appears by Quadrantus is meaned the duke, and by Trantus another nobleman. This secret is now found out by cyphers hid in the tiles, and letters described by Hickforth, commanded by the duke to be burned, found under the matts going into the duke's chamber. These matters are to be proved by those that are neither indicted nor convicted of treason.

Duke. There was not a letter of mine that contained a syllable of treason; and, if the malice of ill men hath contrived any thing that deserves blame, it is fit they should bear their own burden, and not lay crimes upon my shoulders to lessen their load.

Gerrard. You had conference yourself with Radolph, for bringing in ten thousand men out of Flanders to be landed at Berwick, where of three thousand should be horsemen: for proof whereof, was read the examination of Barker.

It was further shewed, that the Bishop of Ross and he had con ference together about these matters, and concerning letters sent by the Duke of Norfolk to the Duke of Alva, and the Pope, and King Philip, but the duke had refused to subscribe them. Then it was advised, by the Bishop of Ross, that he should send Barker, his man, to the Spanish Ambassador, to tell him, the duke was well contented with those letters, and that they should be taken as his own, and that the ambassador should certify so much from

him.

Duke. My memory is too weak to answer to a heap of matters huddled up I know not how, having nothing but truth and ignorance to support me; and you are four of the queen's council, who have notes, and the faculty of flourishing upon them; and it is hard for me to answer all of a sudden, and I may, through the defect of me. mory, and the surprize of an accused innocence, omit that which might be easily answered. It was very unlikely, and extremely untrue, that I should deal with the pope; I had rather be drawn in pieces with wild horses, than change from that faith which I was brought up in from my youth; and, for landing an army at Harwich, it is well known how impossible it is for an army to march in that coun try, which is all ditches and woods: if I had designed such a matter, I would have made provisions of arms and powder; I have not be stowed ten pounds on any armour these ten years, except it were eight corslets of proof; I have no cullivers in my house, and I am sure not three barrels of powder; and, if I had designed any such thing I would have been provided otherwise than I was, neither would I have sent Barker of such a message, but rather have trusted my hand to the letters, than to have put words into his mouth, he being one of no credit with me; and, if I would have framed such a message, I would sooner have employed Banister than twenty Barkers.

Then was shewed a letter from the Bishop of Ross, to the Scottish Queen, about the marriage. There was also a letter from the duke of

Radolph, written with oker, since he was in the tower, bidding him burn the bag of letters which Barker had put in a certain place, and to lay up Ross's, whom the law could not touch, because he was an ambassador.

Duke, I had heard that he had accused divers; and, when I per ceived there was such searching, I gave that advice for avoiding of trouble, though the letters were insignificant.

There was also a letter from the duke, which expressed, that he could not be charged with any crime; and, if he loved his life, he should take heed whom he accused.

Duke. By which my innocence appears?

Brumley shewed letters from Radolph, sent by Bayley, Ross's servant: by which it appeared, that the Duke d'Alva liked the mat. ter, and enquired how far Harwich was from London.

Brumley further said, the whole conspiracy was opened at Ant. werp, to the ambassador of a foreign prince; who acquainted his master, who had written the whole discourse to the queen; which, because it concerned others as well as the duke, should only be opened to the lords of the privy council.

Duke. This is a mystery that I know not how to reply to, unless that part of it, which concerned me, were discovered.

Then Mr. Milbourn made a formal discourse for the credit of the depositions, of the duke, and others.

Duke. I know not how to come after so smooth a tale as the attorney of the court of wards has told, yet he reflects nothing, what fear and promised rewards might prevail upon timerous and merce. nary minds: But I refer you unto Bracton for discrediting and dis. proving those witnesses.

Catlin. In such matters and cases of treason, the depositions of strangers may be taken, and it lies in the breasts of the peers to credit the same as they shall see cause; and to proceed to the second point of treason specified in the indictment, which was, the aiding the re bels after they were fled.

Duke. There is little danger in a discerned enemy; yet I never relieved any of them.

Catlin. Then, for the third point of treason contained in the in. dictment, for assisting the Scottish rebels, the queen's enemies, by letters from the duke to Banister, and from Banister to Luddington, and from Luddington to Radolph; and, by the examination of Banister, and by the bag of money delivered to Sherbury, with let ters in the same bag as it was before declared by Mr. Gerrard.

Duke. I desire the opinion of the judges, if the subjects of ano ther prince, the prince not being in war with the queen, may be ac counted the queen's enemies?

Catlin. That might well enough be seen, for the queen might make war with a duke in France, and have peace with the French king. Shrewsbury. Have you aught else to say?

Duke. I depend upon truth and innocence, which I hope will outweigh the malice and artifice of my enemies; and I also hope my