and 30 for the Queen of Scots. In the letters deciphered, it appeared that the Duke of Alva had promised aid of money for the Scottish Queen, for her necessities; that he could not yet do it for want of commission, but as soon as he had commission, he would. When I heard of this I disliked this dealing with the Duke of Alva, having before refused to write to him in the matter at Rudolphi's request; and I threatened Barker, if he so dealt any more with me. The letters might be to me, as Barker said, but I knew not so much.

Solicitor-General. This your answer is in all no more than a bare denying *; and so are all your speechesall upon your own credit only.

Here was read Barker's Confession, taken on the 10th October, 1571, as follows+:

Being asked what letters the Duke had received from 'Rudolphi since he went out of England, and what was the effect of them, he saith that Rudolphi sent a letter 'to the Duke of Norfolk since his departure, which was ' delivered to the Bishop of Rosse, and by him deciphered and so delivered to the Duke of Norfolk by this Examinate, which this Examinate received of John Cuthbert about Easter last; the effect of which letter was, that Rudolphi had spoken with the Duke of Alva, and that the Duke did like well of the matter, and 'willed that the matter might be kept secret, and promised 'to do his best therein; and willed that when a foreign power should enter into this land at the port which Rudolphi had named, that the friends to the enterprise 'here in England might be in readiness with force between that port and London, that that power which the Duke ' of Alva should send might the more safely land and ⚫ settle themselves; and that Rudolphi would go to solicit 'the matter further; first to the Pope, and then to the 'King of Spain: and this was the effect of that letter, as far as he remembereth, which the Duke of Norfolk did 'read in this Examinate's hearing. And being demanded what port was meant in Rudolphi's letters, saith, he

*It is difficult to see what he could have done more, as he was not allowed to call witnesses in his defence.

+ Murdin, p. 110.

'thinks it was Harwich, because Rudolphi did ask this Examinate, before his departure, whether Harwich were a good haven; and whether it were in the Duke's country. And this Examinate said, he thought it was a good haven, but not in the Duke's country, nor very far off from thence. And saith that the Duke of Norfolk, upon reading the letter, asked what port was meant by the letter? And this Examinate saith, he thinketh he told him it should be Harwich, for the cause aforesaid.'

Then was read a part of the Bishop of Rosse's answers, on the 26th October, 1571, which were precisely to the same effect.

Solicitor-General. Your Lordships see that all these agree in one story as to the contents of the letter; and Cuthbert, who could have discovered the whole, was conveyed away by the Duke's means.

Duke. It may be that Barker received this letter which you speak of, and that it contained the matters which you allege; it may be that they kept that letter to themselves, and brought me another, containing the private cause. Barker and Cuthbert might make the letter themselves, and put in and out what they chose.

Solicitor-General. An unlikely matter: but your Lordships see the Duke confesseth the receipt of the letter, though he denies the effect of it. Now it is proved by Barker that the Duke read the letter containing the Duke of Alva's questions.

Duke. I read not that letter, but one on another subject; and you bring but one witness to prove it.

Solicitor-General. There are two witnesses-Barker and the Bishop of Rosse, severally examined, but agreeing exactly as to this letter. And Baily also accordeth with them, not knowing to whom the letter was directed. Why did Rudolphi write to you at all?

Duke. I know not; but I never saw any such letter as you allege.

Solicitor-General. After this interview with the Duke of Alva, Rudolphi went forward with his message to the Pope; and having also good success there, he so advertised again. The Pope also sent letters to the Duke and the Scottish Queen, approving of their enterprise.

The Duke hath confessed the receipt of such a letter, the effect of which you have heard.

Duke. Barker indeed brought me about six or seven lines, written in a Roman hand in Latin, beginning thus:-Dilecte fili, salutem. I asked what it was?

And Barker told me it was a letter from the Pope to me, at which I was offended, and said, “A letter to me from the Pope! What have I to do with him, who is an enemy to my religion and country? How cometh this to pass? In this manner I received it, and not otherwise; and Barker excused it, and said that Rudolphi had procured it for his own credit.

Here was read another part of Barker's Examination of the 10th of October, 1571, as follows:

6

'He saith that about Midsummer last there was a letter 'sent from Rudolphi to the Bishop of Rosse, and therein a letter sent from the Pope to the Duke of Norfolk, 'written in cypher, and decyphered by Cuthbert, which began, Dilecte fili, salutem et apostolicam benedictionem; wherein the Pope wrote to the Duke, that though 'the Pope could not this year help the Queen of Scots, yet 'that the Duke or she should not despair, for he would ' after find a convenient time to relieve her. And he saith 'this letter was endorsed with the cypher 40; and the ' letter being decyphered by Cuthbert, this Examinate de'livered to the Duke of Norfolk, who read it in this Exa'minate's hearing; and then the Duke said, Rudolphi ⚫ hath been at Rome, and nothing will be done this year Then was read part of Barker's Examination of the 11th of October, as follows:

'He saith that two letters came to the Duke from the Pope, but both of one effect; the one coming by way ' of France, and the other by way of Flanders; and both these letters this Examinate brought to the Duke.' Duke. Barker is not of credit, he accuseth me falsely. Solicitor-General. He was your servant, and of near place and credit about you; why should he accuse you wrongfully? I have also, my Lords, one thing_more to say to you from the Queen's own mouth. The Lords of the Privy Council do know it very well, but it is not meet here in open presence to be uttered, because it

toucheth others that are not here now to be named; but by her Highness's order, we pray their Lordships that they will impart it unto you more particularly. In Flanders, by the Ambassador of a foreign Prince, the whole plot of this treason was discovered, and a servant of his, not meaning to conceal so foul and dishonourable a practice, gave intelligence hither by letters, and hath therein disclosed the whole treason in such form as hath here been proved unto you. But I refer the more particular declaration thereof to the peers of the Privy Council.

Then began Mr. Wilbraham, Attorney of the Wards, and spoke to this effect:

My Lords, there is yet something unspoken, which consisteth in two points; I will be short in both, as the matters are plain, and easy to understand. This request I have now to make to your Lordships, that for proof of these treasons you will bear in memory what hath before been said and proved; for though the proofs of these treasons are divided by us into several parts, for ease and shortness, yet ought all to be compared together; for any one appearing plainly true giveth credit to the rest. The Queen's proceeding in this trial is very honourable, mild, and gracious. The Confessions have been made by the parties freely, without torture * or constraint; you have seen all of them, and each part so proves the other, that the whole is clearly proved beyond all doubt. It is well known to your Lordships that the Earl of Northumberland, together with the Earl of Westmoreland, Richard Norton, and others in the North, raised a rebellion, and levied open war against the Queen within her realm; and being overthrown by the Queen's power, fled into Scotland, and there were received by the Duke of Chastelleroy, the Lord Herries, the Lord Hume, the Lord Buccleugh, and others, who refused to deliver them to the Queen. Her Majesty therefore proclaimed open war against those detainers of her rebels, and appointed the Earl of Sussex her Lieutenant-Gene

*That Bannister and Baily were tortured there is no doubt, and that Barker's declarations were obtained by " the extreme fear of the rack" is expressly stated by Sir Thomas Smith in the letter to Lord Burleigh above quoted. See ante p. 194, note.

ral, with an army to invade Scotland, and there to pursue them as her enemies, sparing the rest. He entered into the land, made open war upon them, blew up their houses with powder, wasted their country, and drove the rebels out of Scotland. The one matter now that I am to disclose, is, that the Duke of Norfolk, knowing all this, adhered unto, comforted, and relieved the rebels themselves, by procuring money to be distributed to the Earl of Westmoreland, the Countess of Northumberland, and others of them; and this is manifest treason. The other matter is, that the Duke of Norfolk, knowing all this to be true, adhered unto, comforted and relieved the said lords of Scotland, the Queen's enemies, receivers and detainers of her rebels and this is also treason. And first for the aid; ing of the rebels: After the rebellion and the overthrow of the rebels by the Queen's power, they fled into Scotland, where they were driven to hard shifts, and were enforced to sue to the Pope for help; they wrote to him, and the Pope granted them relief, and wrote letters to comfort them. These letters came to the Bishop of Rosse; the money was assigned in Flanders; the Bishop of Rosse sent to the Duke of Norfolk for his advice, and for his help to convey the money to them. The Bishop thought it best to have the money sent by the west-borderers, where the Lord Herries was, and with him Leonard Dacres: but the Duke was not willing that Dacres should have part of it; but had more mind to have his brother of Westmoreland* relieved, and to that end he devised with Bannister for the sending of the money. In the mean time, behold how that course was interrupted: The Queen's Majesty had a treaty with the Queen of Scots, wherein one special article was, that the rebels should be delivered. This the Scottish Queen was loth to do; she asked the Duke of Norfolk's counsel in it; he advised her in no wise to deliver them, for that were too much against her honour; nevertheless, as he feared that the article concerning the delivery of the rebels might be some stay to the conclusion he

*The Countess of Westmoreland was sister to the Duke of Norfolk,