marriage, to which he consented, the intended murder was also stopped. There was also a letter to the duke shewed, moving the marriage at that time, and that it should be for the advantage of his family to marry the queen, who proposed her son should also marry the Lady Margaret Howard, the duke's daughter, which argument inclined the duke to it. Yet, when it was rumoured that he designed the marriage of the Scottish queen, he appeared much offended, and told the queen of it, and seemed to dislike her for her former mar riages; and said, the whole revenues of the crown of Scotland, the ordinary charges deducted, was not so considerable as his estate in England; and that he thought himself as great a prince in his Bowling-Alley at Norwich, as if he were king of Scotland. This was affirmed by Mr. Burham, that he heard the queen's majesty speak it; and, by the duke's own examination, taken the 6th of November, proved plainly. It was further shewed, that at Treachfield he had commandment not to proceed any further in that marriage; and yet it was apparent, he had treated about it, though he had declared to Banister an ill opinion of the queen, and said, he believed she was privy to the murther of her husband.

Duke. These are far fetches, Mr. Burham, and come short of proving a deprivation of the queen, and destruction of her person. When the marriage was proposed to me, I made several objections against it, though, without any unjust or unbecoming reflections upon that great princess, whose virtue is above calumny: but my Lord Leicester, who persuaded me to the marriage also, told me of the queen's consent, and advised me to proceed in the treaty, and leave the management to him, who would attend an opportunity to discourse it with the queen, whom he knew he could dispose to it.

Burham. To come nearer to you, it appears you have gone about to procure it by force, and conspired to have taken the tower; which, if true, you must grant the destruction of the queen's person; for the jealousy of a kingdom is such, that it will not admit of a rival. Then some letters of the duke's were read, and several long letters written by the Queen of Scots, from whence it is inferred, the duke did not pursue the marriage for love of the Queen of Scots, but for the ambition of the crown of England.

Duke. Your conclusions and inferences are ill applied. It is true, one came to me and advised the taking of the tower, which I refused and disliked.

Burham. Why then did you consult the Earl of Pembroke about the same?

Duke. To tell him what had been proposed to me, was not to consult him.

Gerrard. You took a knife, and cut down a green vine, with this saying, virescit vulnere virtus.

Duke. Why, what do you gather from thence?

Burham. The use is not to cut vines, whilst they are green, that should grow again.

It was also objected, that, when the queen's majesty had demand. ed of the Queen of Scots certain castles in her possession, which

the rebels delivered, the duke advised the contrary, and went about to procure the Queen of Scots her liberty, and that Ross opened the window; and, after he had promised, and given it under his hand, never to treat about the marriage any more, he held correspondence with the Queen of Scots and her friends. Then they shewed him a prophecy by Hickforth, which was this, In exaltatione lunæ leo deprimitur, leo leoni conjungitur et semen eorum regnabunt; which was proved by the examination of Hickforth, to whom the duke had shewed it, terming it a foppish tale.

Duke. By which you see I did not esteem it. Then one Candish was brought in, who was sworn: The substance of his evidence was, that, being at Southampton with the duke, he advised him to endeavour to obtain the queen's favour and consent to the marriage: he answered, he would have her, or it should cost him his life: and, another time, the duke and the Lord Lumley being together at Howard's palace. With that the duke, turning towards him, said, Canst thou accuse me of any thing? I defy thee and the devil, to which he answered:

Candish. I can accuse him of nothing, but the marriage; and that at Kenning-Hall he did say to him, that there was nothing to undo us, but the rising of the northern lords. If they should then rise, I further asked, if the queen was dead, that he may procure my brother Candish to be of his side.

Duke. All which the duke positively denied, and declared how little credit the same Candish was of; that he had often relieved him, and given him money; and that he was one of no estimation, as the business between him and Mr. Christmas did sufficiently testify.

It was also said, that the duke sent one Travers to the earls, desiring them not to rise, for, if they did, they were utterly undone; but this, and much more, was without proof. There was also a letter produced from the Queen of Scots to the duke, written in cyphers, which was decyphered and read, declaring her sorrow for his disappointments.

Duke. The duke answered, That all these things were unlikely, nor would he have thus proceeded, if he had, as he is charged, imagined and contrived the deprivation of the queen; and the chiefest evidence against him was by Radolph and Bracton, who was not to be credited for a witness. He also said, that Travers went not to the earls with any such message, and that he never offered to fly, which one guilty would have done; nor did he ever esteem those earls so much as to trust them with his life.

Gerrard. Thus have you have heard the attempt of the marriage proved, and, to prove the deprivation of the queen, was the dealing with the Pope, King Philip, and the Duke of Alva, for the bringing in of foreign power to land here, which God hath revealed, most wonderfully, according to that saying, Nil est tam occultum quod non revelabitur. At the first opening of the business, it could not be known whom it concerned: then, by opening of a bag of six-hundred pounds, sealed with letters in the same, to Sherbury, for fifty pounds,

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 ath 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

judges will consider the invalidity of the evidence against me, the persons being of no credit nor reputation: and, for the marriage, I treated in it with the queen's consent and appointment; and afterwards suspended it, though several letters and arguments were directed to me concerning it.

Shrewsbury. Lieutenant of the tower, withdraw the prisoner a while; then was silence proclaimed.

Shrewsbury. My lords, here you have heard that Thomas How. ard Duke of Norfolk has been indicted for divers points of treason, and has pleaded not guilty, and has put himself upon the trial of God and his peers: you are now to consider, upon the whole evidence which you have heard, whether he be guilty or not guilty, and to speak your minds upon your honours and consciences, and so bid them withdraw together, and return as soon as they could; which they did to a place for that purpose where the chancery is now kept; and there consulted in the sight of all: then, the lords being returned and sat in their places, the Earl of Shrewsbury lord high steward of England commanded the duke to be placed further out of hear. ing of them; then he asked aloud, first, the youngest lord, saying, What say you my Lord De la Warre, is Thomas Duke of Norfolk guilty of these treasons, yea, or no? Who, standing up, answered, guilty; then the same was asked of all the barons and earls one after another, beginning at the youngest and so to the eldest in degree; and all said, guilty. Then the Lord High Steward commanded the prisoner should be brought to the bar, who being placed, the Earl of Shrewsbury lord high steward said: Thomas Howard Duke of Norfolk, thou hast been accused of divers treasons, and hast pleaded against all, not guilty; and hast put thyself upon God and thy peers, who have all declared thee guilty; What canst thou say now, that judgment may not proceed against thee?

Duke. The great God and my own innocence be between me and my false accusers.

Then was there a profound silence a good while, after which the tower ax was turned towards the duke,

Burham. May it please your lordship to understand, that Thomas Howard late duke of Norfolk has been indicted of several treasons, and hath thereunto pleaded, not guilty; and thereupon hath put himself upon the trial of God and his peers, and they have found him guilty I am therefore to pray your judgment in the behalf of our gracious sovereign lady the queen.

Shrewsbury. Thou Thomas late Duke of Norfolk hast been in dicted of several treasons, and thereunto hast pleaded, not guilty, and hast put thyself upon the trial of God and thy peers, and hast been by them found guilty. Therefore our court and the queen do award, that thou shalt be led from hence to the tower, and thence to be drawn through the midst of London to Tyburn, and there to be hanged, until thou art half dead, thy bowels to be taken out and burnt before thy face, thy head to be cut off, and thy body quartered, and thy head and quarters to be at the queen's will and pleasure, and our Lord have mercy on thy soul.