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in treaty between the Queen's Majesty and her, there were three Articles propounded on the Queen's part-the one for the delivery of her son into the Queen's custody; the second for delivering the English rebels that were fled into Scotland; the third, for delivering of certain holds in Scotland into the possession of Englishmen. You gave advice herein, as a counsellor, against the Queen, your sovereign lady. The Articles were expressly sent to you by the Scottish Queen to have your advice, before she would resolve of any answer; and she respited her answer, to be made according to your direction. You gave advice, that she should in no wise deliver her son, for it was against her own safety, not knowing whether she delivered him into her friends' hands or no; and as for the rebels, she should in nowise deliver them, for it were against her honour; and as for the holds, she should not deliver any, for it were against the safety of her friends in Scotland.

Duke. For advising not to deliver the rebels, I deny that ever I gave any such advice.

Here was read a part of Hickford's Examination*, dated 11th October, 1571, as follows:

When my Lord Burleigh and Sir Walter Mildmay had 'been with the Queen of Scots, in Commission, with cer'tain conditions to be proposed to her, the Bishop of Rosse sent over the same conditions in writing to my 'Lord into the Tower, and required his advice in them: 'whereof one was touching the delivery of the Queen of 'Scots' son into the Queen's Majesty's hands, to be 'brought up here in England; the other, for the yielding 'up of certain holds and castles in Scotland into Englishmen's hands. To this writing of the Bishop of Rosse, my Lord answered particularly at large; and as to these two points, touching the delivery of her son, and the yielding up of certain castles and holds, my Lord's ad'vice was, that the Queen of Scots should in nowise con'sent either to the one or the other. The delivery of her

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*Murdin's State Papers, p. 84.

This seems to be a mistake; the mission of Lord Burleigh and Sir W. Mildmay was in October, 1571. The Duke was not then in the Tower, having been delivered thence in the month of August preceding.

son hither might be her own overthrow, and the delivery of her castles the destruction of her friends there; and I what would then become of her cause, all men might 'well judge.'

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Duke. I advised her, touching her son, that she should first be well assured that he should be bestowed among her friends. For her castles, I advised her that she should in anywise take heed, that they might not come into the hands of her enemies; for so, if she delivered Edinburgh Castle to her enemies, she should not be safe herself in Holyrood-house.

Serjeant. Thus, contrary to your oath, allegiance, and fidelity, you became, by your own confession, a counsellor to a foreign prince, against your own sovereign lady. How standeth this, with the duty and oath of a Privy Councillor, to give advice to a foreign prince against the Queen's Majesty?

I

Duke. I excuse it not: herein I confess my error. beseech you, reckon not these, my inferior faults, which I have confessed, among the greater crimes wherewith I am now charged.

Serjeant. Now it shall be further proved, that whilst the Scottish Queen was here in custody as the Queen's prisoner, the Duke of Norfolk hath also been privy to devices for conveying her away.

Here was read a part of the Confession* of Barker, dated October 10th, 1571, as follows:

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'The Bishop of Rosse told this Examinate, in August was twelvemonth, that he had intelligence that the 'Scottish Queen should be stolen away out of a window, and so to have been conveyed into Lancashire, and there ' at her choice to have been conveyed either into France, Flanders, or Scotland. And this was told this Exami'nate, to the end that he should tell it to the Duke, which 'this Examinate did accordingly, and told him the names ' of the persons that should do it. And the Duke said, "it 'would do very well, and for his part thought that Spain 'would be the surest place for her." Also, he saith, the "Queen of Scots did write a letter to the Duke of Norfolk 'touching this matter.'

*Murdin's State Papers, p. 112.

Duke. This is not true, saving that indeed advice was broken to me of conveying her away at a window, at a gallery's end in one of my Lord of Shrewsbury's houses, of which window the Bishop of Rosse had taken a measure; but this device had been overthrown before it was told me. As for that which Barker hath here confessed, it is utterly false.

Serjeant. Now shall you hear the Duke's own Confession.

Here was read a part of the Duke's Examination*, 31st October, 1571, as follows:

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'He saith, that Barker told him of a conference 'between the Bishop of Rosse and Sir Henry Percy, touching the taking away of the Queen of Scots; but ' he saith he did not say that he thought Sir Henry Percy to be the fittest man for that purpose, nor did 'allow of that matter.'

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Serjeant. Besides this, the Duke being in prison in the Tower, made a submission to the Queen's Majesty, confessing his error in dealing with the Scottish Queen; and therein he promised, upon his faith and allegiance, never to deal with that marriage, nor with any other matter touching the Scottish Queen †.

Duke. I confess I did so.

Serjeant. Before his subscribing his said submission, he first made the Scottish Queen privy to it, and sent her a double of it.

Duke. I sent it to the Bishop of Rosse.
Serjeant. That is the same thing.
Duke. I confess it is so.

Serjeant. We shall now prove that my Lord of Norfolk had an old blind prophecy lying by him: In exaltatione lunæ leo succumbet, et leo cum leone conjungetur, et catuli eorum regnabunt; which perhaps is thus to be expounded:-At the exaltation of the moon (which was the rising of the Earl of Northumberland), the lion (which is the Queen's Majesty) shall be overthrown; then shall the lion be joined with the lioness (which

See ante p. 118.

*Murdin's State Papers, p. 160. The silver crescent is the well-known ensign of the Northumberland family.

Is the Duke of Norfolk with the Scottish Queen, for they both bear lions in their arms), and their whelps shall reign (that is, their posterity shall have the kingdom).

Duke. I do not remember any such prophecy.
Serjeant. It was in your own keeping.

Duke. What should I do with it?

Serjeant. Such blind prophecies have often deceived

noblemen.

Here was read a part of Hickford's Examination*, dated 17th September, 1571:

'I remember that my Lord, more than a quarter of a year since, showed me a prophecy, saying these words, "Hickford, thou shalt here see a foolish prophecy," ' and so gave it me to read. I am not able to recite the · whole, it was five or six lines, and I never read it but 6 once ; but the beginning and ending I do well remember, and it was to this effect, "In exaltatione lunæ, leo 'succumbet ;" this was the beginning; the end was, "et leo cum leone conjungetur, et catuli eorum regnabunt.” 'This is as much as I can remember of it; where my 'Lord had it, or from whom, I know not; but I saw he 'made no great account of it, and I delivered it to him presently again.'

Duke. A toy! you see I call it a foolish prophecy.

Serjeant. Now shall you further hear proof of the Duke's own words, declaring the same intention to pursue the marriage by force, and rather to lose his life than to give it over.

Richard Candish was then called as a witness, and was sworn in the following form: "The evidence that you shall give unto the peers and noblemen here assembled shall be the truth and the whole truth."

Candish. Being at Southampton, I was one night walking in the Duke's chamber, and persuading him by all means to labour for the Queen's favour concerning the marriage with the Queen of Scots; the Duke affirmed, that "before he lost that marriage he would lose his life." After the Duke's departure from Southampton, I was at

*Murdin's State Papers, p. 71.
+ Lansdown MSS. No. 775.

Howard-house with him in the company of the Lord Lumley; as the Duke and the said Lord Lumley were talking secretly together, suddenly the Duke brake out into this speech: "Candish," quoth he, "is able to accuse me of no disloyal practices." Whereat the Lord Lumley, as it were wondering, "Can he not indeed ?" quoth he. "No indeed," quoth the Duke; and turning to me said, "Canst thou accuse me of anything? I defy thee." To which I answered, Besides the practice of this marriage, I truly can accuse you of none." Also at his last being at Kenning-hall, among many others talking, I heard this speech from the Duke; "Candish (quoth he), nothing will undo us but the rising of the northern Lords." To whom I answered, "God forbid that any such thing should be, for it will undo us all." To which he replying, said, “I fear they will rise."

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Duke. The Duke, looking upon Candish with a scornful and smiling countenance, said, You are an honest man! That which you say of the talk between you and me at Southampton is utterly false: you said you would ride to the Earl of Leicester, and so home with my Lord Burleigh, and you doubted not to bring me such word from him as should satisfy me. You told me how my Lord of Leicester was firm, and Sir Nicholas Throckmorton my sure friend, and that they would both join to deal with the Queen for me; and how Sir N. Throckmorton sent me word, that he doubted not the Queen would take order to my contentation at her next coming to a staid house*. Then came you to London, and though I had no great liking of you, yet because you were loth to lie at Arundel's, and were somewhat ill at ease, I let you lie in my house. I never made great account of you; my Lord of Leicester made us first acquainted. I then

*The Queen was at this time on her progress.

In the Duke of Norfolk's Brief Declaration' above referred to, he thus relates the commencement of his acquaintance with Candish. "Not long after the Conferences at Hampton-Court, the Earl of Leicester said to me, he could not see how there could be a good end to the Queen of Scots' matter, unless she should marry some Englishman; and to be plain with you,' said he, 'I know no man so fit as yourself.' On my objecting her character, he said he thought all things were not so bad as they

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