it of the Duke, and delivered it again to Rudolphi. Upon this cypher of 40, fell out the understanding of the treason. Here was read a part of Barker's Deposition*, taken the 10th of October, 1571, as follows: He saith that Rudolphi, before his departure, at the 'house of the Bishop of Rosse in Lent last, talked with this Examinate and the Bishop, and there the Bishop said "he saw no good to be done here in England for the Scottish Queen, and therefore thought best to seek aid abroad;" and it was agreed that Rudolphi should for this purpose first go to the Duke of Alva, and from thence to the Pope; and Rudolphi said if the Pope did like of the matter, then King Philip did so depend upon the Pope, that he would sure join in the matter. And then Rudolphi did devise to get money of the Pope, who had less to do therewith than King Philip, and to get three or four thousand harquebussiers of King Philip, ' and so to enter into England at some convenient place; ' and then in the mean season they devised that if King Philip, at the same time, would invade Ireland, that 'should so trouble the Queen's Majesty, that their enter'prise would take the better effect. And he saith that Rudolphi then asked" with what credit he should go on this journey." And the Bishop said, "that the Queen of Scots' credit was sufficient ;" and to that Rudolphi ' answered, that she was a prisoner," and required 'credit from the Duke of Norfolk." The Bishop said to this Examinate, "The Duke your master may do little if ' he will not give him credit in this matter;" and thereupon Rudolphi desired to speak with the Duke; and so 'this Examinate, about eight or nine o'clock the night in 'Lent last, brought him secretly to the Duke; where Rudolphi did talk with the Duke in his gallery half an hour and more; and when they had done, this Examinate went with Rudolphi to the gate, and in the way Rudolphi told this Examinate, "the Duke did like well of the matter, and was willing that the Queen of Scots should be aided." And the next day, in the morning, the Duke told this Examinate, that Rudolphi had left a paper with him, and said he had not read it, and bade this Examinate * Murdin, p. 111. VOL. I. S 'give it Rudolphi. And this Examinate saith he looked on the paper, and therein were written the names of many noblemen, knights, and others, and on the side of every name a cypher in a number. He also saith, the 'Duke of Norfolk was named by these characters 40, and my Lord Lumley by these characters 30, but remem'bereth not what cyphers any other had. And saith, that 6 Rudolphi, after he had been with the Duke of Alva, and ' after his last going into Flanders, did direct the letter aforesaid to the Duke by the name of 40, and then also 'sent another to my Lord Lumley by the name of 30, which letter this Examinate saw at the house of the Bishop of Rosse.' Attorney. Thus therefore the Duke is proved to be 40; the Duke himself hath also confessed that 40 standeth for his own name. Barker brought Rudolphi to the Duke, which the Duke also confessed, and that Barker brought him instructions for Rudolphi's money. Here Mr. Treasurer, Sir Francis Knollis, and Mr. Chancellor of the Exchequer, Sir Walter Mildmay, being sworn, did testify that Barker made all these confessions freely, without compulsion. Also Dr. Wilson, Master of the Requests, being sworn, did testify the same; and that Barker was never offered torture, nor was once in the prison where the rack was: but the Duke said Barker saw where his fellow Bannister had been *. *These statements of the Privy Councillors indicate a mistrust, even at this early period, of the value of evidence obtained by torture. Of the credit due to Dr. Wilson's testimony on this subject, the reader will be able to form a proper estimate by referring to Murdin's State Papers, p. 101, where will be found a joint Letter from him and Sir Thomas Smith to Lord Burleigh, dated 20th of September, 1571; in which they say, "Of Bannister with the rack, of Barker with the extreme fear of it, we suppose we have gotten all." And that this mode of enforcing Barker's confession was adopted in consequence of the express command of the Queen, appears from a letter from Lord Burleigh to Sir T. Smith, dated 9th September, 1571, in which the former says, "Her Majesty will have you use some extremity with Barker, if he will not confess more truth, and will have you put him in fear of the torture if he will not confess the truth volun tarily."-Cotton MSS. Calig, C. III. 254. Then was read part of Barker's Examination* of the 11th of October, 1571, as follows: 'He saith that within a few days after Rudolphi had 'been with the Duke of Norfolk, as is mentioned in this Examinate's Examination, taken the 10th of October, the Bishop of Rosse and Rudolphi did read to this Exa'minate a bill in French, of nutes touching his journey; containing that first he would go to the Duke of Alva, in the Queen of Scots' and the Duke of Norfolk's name, ' and desire his help for the Queen of Scots; and that he 'would go further to solicit the Pope and the King of Spain for men and money; and to move the King of Spain to send three or four thousand harquebussiers to invade England, and another force to invade Ireland, ⚫ that the Queen's Majesty's trouble might be the greater. And the morning after, this Examinate (as Rudolphi and the Bishop had willed him) did tell all the matter to the 'Duke of Norfolk; who said "well," or to that effect. ' And within two or three days after, Rudolphi came to 'the Duke of Norfolk the second time, about nine o'clock ' at night, and this Examinate did bring him thither; and in the gallery they talked together about half an hour. And Rudolphi at his return told this Examinate, that he had talked with the Duke, and they were agreed of his ❝ journey, and that my lord prayed him to go on with it.' Attorney. Rudolphi came also the second time to the Duke; after he was come from the Duke, he said to Barker, that the Duke and he were agreed of his journey, and that the Duke prayed him to depart with speed. This message was to procure men and money for the enterprise of the treason; and on this message the Duke despatched him. Duke. Touching Rudolphi's coming, I have indeed confessed that he came to me. In summer was twelvemonth I was bound in recognizance for 18007. to him for my Lord of Arundel, and for my brother Lumley; the day was passed, whereby I stood in danger of my recogniI sent to Rudolphi to entreat him to cancel my recognizance, and I offered to give him twenty yards of velvet; he would not be persuaded, but desired to speak with zance: * Murdin, p. 114. me himself, which Barker reported to me. I was very loth that he should come to me, for he was in trouble at my last trouble, and so I thought his coming to me would be suspicious. Barker promised that he would bring him to me secretly, and at such a time as to avoid suspicion. So he came to me, and I did what I could to entreat him about my recognizance; but I could not persuade him more, than to promise that he would not sue me. He told me of his trouble and of his imprisonment at Mr. Walsingham's, and what Mr. Walsingham said to him also of the Scottish Queen; and that he should deal with the Duke of Alva for money for her, as he had done before. He prayed also my letters in the Scottish Queen's favour to the Duke of Alva: I began to mislike him, and was loth to write; I sought ways to shift me from him; I said I was not well at ease; I could not write, and it was late, and so I refused to deal with him. As for the bill of names, I saw none such, nor understood of any such, till the letter that came over from Rudolphi about Easter. I delivered a writing to Barker; but it was about my recognizance; and so I dealt not with any such matter as is alleged against me, nor received any other instructions, but only as I have said, about my own affairs. Attorney. My Lord, this is but your own saying, and it carrieth no likelihood: but Barker goeth nearer to you, he telleth you plainly what the instructions were: it was to King Philip for men, and to the Pope for money. Duke. Barker hath confessed himself a traitor, and therefore is no sufficient witness against me. I never knew of any such instructions. Attorney. It is sufficiently proved: besides, Rudolphi came to you again a second time. Duke. I deny it: he came no more to me. Attorney. Now you shall also hear the same matters confessed by the Bishop of Rosse, who at the time of his Confession was in prison, not knowing what Barker had said and yet he agreeth altogether with Barker. Here was read a part of the Bishop of Rosse's Examination*, taken on the 26th October 1571, as follows: * Murdin, p. 24. Being asked to what foreign princes or noblemen Rudolphi was sent to solicit men or money? he saith, ❝ to the Duke of Alva, the Pope's Nuncio in France, the Pope and the King of Spain; and from the Pope, he ⚫ looked for money; from the King of Spain, men out of the Low Country. He further saith that "Rudolphi, by this Examinate's recommendation, spoke once with the Duke, to know what he might assure the Pope, the King of Spain, and the Duke of Alva, on his behalf, and what he would do for the Queen of Scots." Rudolphi ⚫ reported that the Duke said " he would do anything he could for the Scottish Queen's relief; and knowing * what they would do for their part, they should be well * assured of him that he would do what in him should lie, and procure all his friends and all the friendship that he • could." Then Rudolphi, as he said, required what sup'port were fit to be given, and in what place they should arrive; the Duke answered, “ten thousand men were 'needful; whereof horsemen three or four thousand, the rest foot-men, and those to land at Harwich." He saith that the contents of the letters that came from Rudolphi out of Flanders to the Duke of Norfolk were in effect; "That he had spoken with the Duke of Alva according to ⚫his instructions; and of him he had this answer, “That ' he liked well of his message, and that he would further it all that ever he could; that he had no commission from his master to meddle in those matters, but he ' willed him in the mean time to desire the Duke and his friends to keep the matter very close, especially from the French; and that Rudolphi should go to the Pope, and he would write to his master in the mean while to advertise him thereof; and he would the Duke of Norfolk to have his friends in readiness, for he had good hope that 'the matter should have good success.' There was also read part of the Bishop of Rosse's Examination of the 6th November, 1571:- * 'Rudolphi also told this Examinate, that after Barker had carried the instructions drawn by Rudolphi to the Duke of Norfolk, he went himself with the same, and conferred thereupon with him, who (as Rudolphi * Murdin, p. 48. |