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and dangerous for the prince, and it hath been repealed *. Now we shall give proof of your purpose to pursue your enterprise by force.
Then was read a part of the Bishop of Rosse's Confessiont, of the 3d of November, 1571, as follows:
• In the summer before the stirring in the North I did • divers times, by commandment from my mistress, inquire at the Duke what he would do, in case the Queen's Majesty would not give her consent to the marriage with • the Queen my mistress, whether he had provided such friendship, as by their forces and assistance he might perform it, and stand to it? To which he answered me, at the first, “that the Queen could not but like well of • it, in respect that her Council, for the most part, thought it very fit and expedient to be done; and that the whole nobility abroad liked well of it, few excepted, for he had assayed all their minds; and so in the end she must • needs agree thereto, albeit at the first motion she might • stir and mislike, for none would be found to feed her in • that humour.” Afterwards, when he was come from
Southampton, in that the Queen's Majesty had uttered • her misliking in that matter, I pressed to have a more • direct answer; and he then told me “ he would depart • into his country, and so he had resolved by the advice of 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 most likely
* Allusion is here made to the Statutes of Edward VI. requiring two witnesses in cases of treason, upon which some remarks were made on Throckmorton's Trial. The Statute 1 and 2 Philip and Mary, c. 10, enacts, that all trials for treason shall be according to the course of the Common Law, and not otherwise. Very soon after this statute was passed, a solemn resolution of all the Judges determined that it repealed the provision of the Statutes of Edward VI, requiring two witnesses. The practice of the Courts seems to have been established in pursuance of this opinion ; for in the reigns of Elizabeth and James I., the Statutes of Edward VI. are either wholly disregarded, or where any argument is raised upon them, as in the present trial, and in Sir Walter Raleigh's case, they are declared by the Judges to be repealed.—See Reeves's History of the Law vol, iv. p. 494.
+ Murdin's State Papers, p. 44.
• for the advancement of the cause." I replied, that "the • Queen's Majesty would cause to bring him by force out • of his country to her." He answered, “there would no • nobleman in England accept that charge at her com• mand, for he knew their whole minds, specially of those • in the North, who would assist him; and if he might
once have that open quarrel against the Queen, that she • did first pursue him, I should see that he would have • friends enough to assist him, and that my mistress's
person should be safely enough provided for, in respect • it was the principal mark he shot at, and would do what • he could to have her in his hands. And these two Earls, Arundel and Pembroke, with other friends, had pro
mised to do as he did ; and the Earls of Northumber. • land, Westmoreland, and other Lords in the North, had * promised the like." At the same time Liggons, his • servant, told me," that the Duke was resolved to go • forward with the matter by force, if otherwise he could * not have the Queen's Majesty's good will." All this • time there was continual message sent betwixt the
Queen, my mistress, and the Duke, and betwixt them . and the Lords in the North; whereupon did grow their attempt and rebellion, as I do judge.
Duke. All this is false, saving that the Bishop of Rosse once spake with me, and then understanding him to be a suspected man, I desired him to forbear to come to me; nevertheless, by his great earnestness and importunity, that I would but once admit him to come to me, at length he came, and moved me for certain money of the Scottish Queen's, amounting to about two thou. sand pounds, which remained in my keeping; one letter he brought me, and no more, until after my first trouble. 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 the Bishop of Rosse for
* In a paper entitled “A Brief Declaration of those things which I have omitted in my Examinations, touching the whole Proceedings with the Queen of Scots, either by myself
or any other to my knowledge,” which is dated the 10th of November, 1571, and is to be found amongst the Harleian Manuscripts, No. 6353, and also in the State-Paper Office, the Duke, as to the immediate cause of his journey into Norfolk, says that “when he was at
two days before. As for sending of letters to my Lord of Northumberland, or my brother of Westmoreland, all this is false: I never received letters from them in all my time of trouble. If ever I sent to them, or received from them any letters in three-quarters of a year before, let me never be credited. It is with good reason that I have prayed to have the Bishop brought to me in private examination face to face, whereby I might have put him in remembrance of the truth; but I have not had him face to face, nor have been suffered to bring forth such witnesses, proofs, and arguments, as might have made for my purgation.
Lord Burleigh. My Lord, did you ever desire to have any proofs or witnesses produced for your part, to prove anything that might make for you? And were you refused ?
Duke. I have divers times prayed, that if anything which I said were denied to be true, I might be driven to the proof of it.
Lord Burleigh. I ask it, because I have not heard it reported to her Majesty that you made any such request, or desired to have any particular witnesses examined, or proofs heard on your part.
Serjeant. It is now well proved, that at Hampton Court, being examined of the matter by the Queen's Majesty, you dissembled it. Being charged upon your allegiance, you promised not to proceed further in the matter. Against that express commandment of her Majesty against your duty, and against your promise and faith, you still proceeded.
Duke. I confess this was mine error; but this is no treason, and 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.
Serjeant. Since the commandment given to you at Titchfield, not to proceed in dealing with the Scottish Queen in anywise, you have continually dealt with her; Howard-House in London, after he had left the Court at Titchfield, his physician came to him and told him that he had seen one from the Court who was told by the Earl of Leicester to give the Duke warning that he should be committed to the Tower, and that he should look well to himself. Whereupon he went into Norfolk.”
you have lent her money; you have maintained Liggons, your servant, continually to advertise you from the Bishop of Glasgow and the Pope's Nuncio; and you have advertised him from hence. He hath had money of you; and
you have received letters from him four times, in coffers.
Then was read part of the Duke's Declaration*, made 31st October, 1571, as follows:
• He aith, that he remembers well that Borthwick • had money of this Examinate at several times; how • much this Examinate remembreth not. He saith also, * that Borthwick reported unto him that the Queen of • Scots was in debt to the Bishop, and that his land was • in mortgage to a merchant in London, and stood upon • forfeiture; whereupon this Examinate delivered by Liggons three hundred pounds to Borthwick, for the redemption of his land, which was before the receipt of • the two thousand pounds of the Scottish Queen's money.'
Then was read a part of the Bishop of Rosse's Examination, dated 26 April, 15714, in which he admitted the receipt of various sums of money lent by the Duke to the Queen of Scots, and delivered by him to Borthwick and Francis Bishop.
Duke, This I deny not. Serjeant. What say you then to your joining in the scheme of taking the Tower ?
Duke. That I deny.
Serjeant. Was not a device for taking the Tower mentioned unto you, as you came from Titchfield, by one that çame to you in the way?
Duke. I have already confessed that such a motion was made to me, but I never assented to it.
Serjeant. But you concealed it; and though you say you never assented to the motion, yet you asked advice concerning it.
Duke. Indeed I told one of it. Hugh Owen I met me by the way from Titchfield, and told me how we were all in danger, and said, that some of our friends
* Murdin's State Papers, p. 162. # Ibid. p. 20. This Owen was a confidential servant of the Earl of Arundel.
thought it was best to take the Tower. I refused to do it, and said, “ Take the Tower! that were a proper device indeed!" And thence I went to my Lord of Pembroke's, where I dined, and then I told my Lord of Pembroke of that device; whereunto he answered, “ We are well, and safe enough: let them that be faulty take the Tower, if they will." And to what end should I have taken the Tower ?
Serjeant. To maintain by force that which you had practised against the Queen's Majesty's commandment, namely, the marriage with the Scottish Queen.
Duke. I had not then dealt with it.
Wilbraham. My Lord, you still say you dealt not at this time, or at that time, against her Majesty's commandment; I pray you, at what time, since her Majesty's commandment upon your allegiance, did you forbear to deal with the Scottish Queen ?
Serjeant. Afterwards, at your house at Charter-house, you received letters, messages, and tokens from the Scottish Queen; you received from her a cushion, with a hand cutting down a vine, and this poesy upon it, “ Virescit vulnere virtus."
Here was read a part of the Bishop of Rosse's Examination*, of the 6th November, 1571, as follows
• The Tuesday before the Duke went to Kenning-hall, Liggons met this Examinate by appointment at the great gate of Howard-house, and conducted him by the back court of the house, and brought him into a gallery, whither the Duke came to this Examinate. The cause of this Examinate's coming was, for that Robinson had brought to the Duke a token from the Queen of Scots, • which, as he remembereth, was a ring; before which
time Borthwick brought a cushion, wrought with the • Scottish Queen's own arms, and a device upon it, with * this sentence,“Virescit vulnere virtus,"and a hand with
a knife cutting down the vines, as they use in spring • time: all which work was made by the Scottish Queen's own hand.'
Serjeant. Besides this, you have given her advice, as her counsellor, against the Queen's Majesty: namely, when
* Murdin's State Papers, p. 50.