Rudolphi wrote by Andrew Beton, to the Scottish Queen; whereupon the Scottish Queen wrote to this Examinate a long letter of English cypher, with instructions also in French of two sheets of paper; and one ' letter to the Duke of Norfolk; all which this Examinate sent to the Duke to be considered, as his mistress com'manded him, with a letter to Rudolphi by Barker. The letter to this Examinate was, that she despaired of any good by the treaty here in England; and that she had understood by letters from the Duke of Alva, that if anything were to be attempted for her, he would put his hand to it, for so he had commands from the King 'his master. The sum of the Queen's instructions was, that the Pope and the King of Spain, being moved to give support for her deliverance, her friends here in this country would readily assist the same; and thereupon 'she desired this Examinate to know the Duke's mind therein, and required the Duke to give further instruc⚫tions to Rudolphi, how he should do and behave himself ' in all this matter.'

6

Then was read part of Barker s Examination*, dated 7th November, 1571, as follows:

I suppose certainly, that when the letters came 'from the Queen of Scots, that there were other letters, as well from the Pope, as from his Nuncio; and sure I am that either then or shortly after, there were letters 'from the Pope, with some comfortable sentences, that she should not distrust, but that he would so provide 'for her, as she should have cause to thank him, and 'that he would embrace her and all them that took her part, sicut gallina pullos suos; and that he did dispense with all them that would rebel against the Queen of England, and take them as Filios Ecclesiæ. From his Nuncio there were letters, also, of the good dispo'sition of the Pope to help the Queen of Scots, and that any time that she could make a party here in England, he would bestow 100,000 crowns, besides any other aid and help that he could procure; and in the mean time, that he had given order with his factor Rudolphi, to relieve such noblemen and gentlemen as

* Murdin, p. 126.

had already begun the matter, that they might be main tained honourably, till time might serve to restore them 'home again, which he hoped would be shortly. And all this I moved to my lord, who answered, Well; and ⚫ said no more.'

Attorney. Thus it plainly appeareth, that the Duke was privy to these messages to the Duke of Alva and to the Pope: now it resteth to understand, what followed of this course begun with Rudolphi; what messages were sent; what practices devised; and what ensued. Upon this assurance from the Pope, the Scottish Queen wrote a letter to the Bishop of Rosse, wherein she told him what she thought best to be done, referring all to the direction of the Duke of Norfolk. This letter came to the Bishop of Rosse; he sent it to the Duke, with a letter from the Scottish Queen to the Duke. This letter was found concealed in the Duke's house under the mats in an entry leading to his bedchamber; the cypher itself was found hidden in the tiles of the house. This letter plainly declareth, how the Duke, in dealing with the Scottish Queen and the Pope, pursued his purpose of advancing the Scottish Queen to the Crown of England: that the Scottish Queen was in practice for it with the Pope, and referred the dispatch of Rudolphi to the Duke; and the receipt of those letters is confessed by Hickford, and by the Duke himself. Here is the letter itself to be seen.

Here was read the Letter* of the Scottish Queen to the Bishop of Rosse, dated 8th February, 1570-1.

The Letter set out several plans which had been proposed to the Queen of Scots for her future abode, if she succeeded in making her escape from England; after stating her reasons for not thinking of Scotland or France, she expresses her determination to go to Spain, and throw herself upon the protection of Philip. And therefore,' she proceeds, I would be of advice to send some faithful man towards the King of Spain, whom he might trust to make him understand the state of my realm; and also of the friends that I have here, their 'deliberations, and the means they may have to set them

*Cotton MSS. Calig. C. II. p. 469.

'selves to the fields, and saist* them of me, if the said King of Spain will sustain and embrace my cause and their's. I think Rudolphi may best acquit himself of 'this charge securely of any that I know, under colour of 'his own traffic. And being known as he is, the King of Spain and the Pope will give him ear, and credit what 'shall be proposed by him to them. And also from his intelligence of the affairs of this country and of my realm; and by the instructions, that he shall take from the Duke " of Norfolk and of their friends, he may answer to the objections that shall be made to him. He sent me a memorandum by the which he describes several personages such as he thinketh are required, unnaming any man. As for my part I know not of whom to make election, less nor it be of him. The fear that they have on yonder side that the Duke of Norfolk will remain Protestant, stays and holdeth all things in suspense. It 'shall be practised here to take away wholly the said suspicion, and to accommodate the whole to the satis'faction and contentment of the King of Spain and the Pope. I see no other means but to assure them of the Duke: for that is the knot of the matter. My whole hope is in the Catholics of this realm. The negociation 'must be holden very secret, and that Rudolphi keep himself well, that he makes no semblance thereof in 'France, nor yet seem to meddle in anywise in my affairs. The season requires diligence and celerity; and therefore if the Duke of Norfolk thinks the voyage of the said Rudolphi good, I am of advice it be rather sooner than later, and not to tyne more time. I remit to the Duke's wisdom to despatch and make him depart, when he thinketh good

Attorney. By this Letter appeareth, how the Scottish Queen hath set out the whole plot of the treason. A message was to be sent for aid from foreign parts;

This word is correctly taken from the manuscript. The meaning is no doubt to " possess themselves of;" being evidently the French "se saisir de." Whether this Gallicism had been generally adopted in Scotland at this time, or whether it was peculiar to the Queen, who wrote and spoke English very imperfectly, is uncertain. It is not to be found in Jamieson's Etymological Dictionary.

Rudolphi the fittest man to be the messenger, and that he should be despatched when the Duke of Norfolk thought it proper. The scheme was to move King Philip for aid, upon a consideration of her state here, to enter into deliberation of the proper time and opportunities for her friends to take the field, and to deliver her. This is confessed by Hickford; and the Duke himself confessed that he received this letter about a twelvemonth ago; and in March, according to the plot before laid, Rudolphi was dispatched,

Duke. What was delivered to Barker I know not: that is nothing to me. I am sure they will not say that they delivered it to me, nor that I received any such letters or instructions. The Bishop sent me a letter of the Scottish Queen's, together with a letter of his own. In her letter she complaineth of her own subjects, and saith, she will seek other means for her relief *. I sent word that I misliked all those schemes, and I advised her to depend only upon the Queen's Majesty, or else, if she would take any other course, both I, and all other her friends in England, would give her over; and it was on that occasion that I said, that the Queen, if she fell to such practices, would publish her letters and doings to her infamy. It is not true that Barker made me privy to any such message or instructions as hath been alleged. Besides, he is not to be allowed for a witness against me, for he hath confessed treason against himself; and persons outlawed, or attainted of treason, are by law no sufficient witnesses.

Catline, C. J. My Lord, there is none of those witnesses that have declared matter against you, outlawed or attainted of treason, or yet indicted.

Duke. They are worse, for they have confessed treason.

Attorney. The Bishop of Rosse at this time was in custody; and these men also that have confessed against you, were also kept asunder, in custody in several places, and severally examined, yet they all agreed in

*The Duke's admission that he had seen this letter, seems to fix him with knowledge that Mary was representing to the Pope and the King of Spain that he might be induced to become Catholic.

one story, and your own Confessions agree with them. How can this then be imagined false? The Bishop of Rosse, when he first came to the city, was examined of these things; he denied all earnestly; when questions were asked him, he said he was an ambassador, and not so to be dealt with, but to be referred to his own mistress the Scottish Queen. Afterwards, when he was committed to the Tower, and there again examined, seeing things confessed already; and perceiving by the questions put to him that the truth was known, he confessed also, and agreed fully with Barker and the rest : which agreement could not possibly be, if the matter were not true.

Duke. They have not agreed in confession; but one of them told another, and so from hand to hand it went among them.

Attorney. Well, you see what is confessed, though with what consent or agreement we are at issue; here is but your Lordship's denial; I leave it to my Lords here to consider of the proofs. If you had been a good subject, being then a prisoner in your own house, when such dangerous matter came to your understanding, you would have opened it, that the Queen's Majesty and her Council might have been provided to withstand it. Thus then the scheme proceeded; it was agreed that Rudolphi should have his message in writing; and at the same conference, Barker being also among them, it was set down in his instructions, that his message should be this: he should go to the Pope and the King of Spain, in the name of the Scottish Queen and of the Duke of Norfolk, to require of them money and men for the enterprise. Rudolphi required to speak with the Duke before he went: Barker brought him to the Duke at Howard-house; there they talked together a whole hour, till it was nine of the clock at night. After this talk, the Duke delivered to Barker a paper, saying, that Rudolphi left it with him, which paper contained the sum of the treason, and therein was also a paper of the names of divers noblemen, knights, and gentlemen in cypher, who they counted would take the Duke's part; but they counted without their host; but there was for every name a cypher, of which 40 was for the Duke, and 30 for the Lord Lumley. Barker received