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and Hickford makes it a matter of great conscience, to utter it against his master: and here is a lesson meet to be learned of all servants. Many supposed it a treason and foul offence to utter their master's treasons; they must think otherwise-it is a dangerous opinion
Then was read part of Hickford's Examination *, dated 11th October, 1571, as follows:
• The last letter that the Queen of Scots wrote to my • Lord was about Midsummer last, wherein she com
plained her of the little aid that she found in France, • and that she had better hope of Spain than any other friends; and that her friends in Scotland stood now in such case, as if they were neither relieved with money, nor comforted at the least by letters, they were like • to be clean overthrown. To this letter my Lord made
answer to the Queen of Scots, that forasmuch as her • friends in France seemed to be slack with aid of money, • she would at least procure the French Ambassador • here to write comfortable letters to her assured friends ‘in Scotland, with promise to have money sent shortly
unto them; and upon this, I suppose, those letters were ' written, which my Lord sent first to Mr. Bannister, to • be conveyed to Lowther, and so from him into Scot* land; and thereupon also I believe the last letters and
money were appointed to be conveyed to her friends • there.'
Duke. I challenge not this man.
Then was read Bannister's Examination 4, dated 17th September, 1571, as follows:
Being asked how many letters he had received from the Duke of Norfolk in cypher within these three years, • and what was the effect of them, or from Hickford, at • the Duke's commandment? he saith, he received no
letters from the Duke, nor from Hickford, in cypher, • these three years, saving only one from Hickford three • weeks now past. The effect thereof was, that the Scot• tish lords of the Queen's side were like to have an • overthrow for want of money, and therefore prayed • him to see a letter enclosed in his to be delivered to Lowther, and he to convey it into Scotland. As he re
• membereth, there was but one letter, and superscribed, as he thinketh, to the Lord Herries.'
Also Bannister's Examination *, dated 29th November, 1571:
•He saith, that about the beginning of August last he received a letter from Hickford in cypher, together • with a letter from the Scottish Queen, directed to the
Lord Herries; which letter from the Scottish Queen this Examinate was willed, by Hickford's letter, to convey unto Richard Lowther; and that he should convey . it over to the Lord Herries, or his wife. And further,
in Hickford's letter, which was in cypher, it was sig, • nified to this Examinate, that the content of the Queen . of Scots letter was to give comfort to her party in Scot• land, being then in distress, and to have them persist, . and not to give over. In Hickford's letter this Exami*nate was willed to seem to make the cause of his man's
going to Lowther, for the gathering of the rents of the • Dacre's land; whereupon this Examinate did write ą copy of Hickford's letter, decyphered, which he enclosed in a piece of paper, and sent the same to the said Lowther, by his servant Colborne, who brought the same to the said Lowther. And after Lowther wrote an answer unto this Examinate, by his said servant Colborne, that he, the said Lowther, would do the best • he could for the gathering up of the rents he wrote of, although it were hard to be done.'
Also Bannister's Examination*, dated 29th September, 1571:
• I do further confess, that on Thursday, at night, • being the 2d of August last past, I received by Henry, 'my lord's footman, little box which was sealed, and • therein was one letter, written in cypher, to me from
Hickford; and another, directed to the Lord Herries, • And the letter in cypher, written to me, was, where the
Queen of Scots' party, in Scotland, was in great disa tress, and at point to be overthrown by the adverse party; that the letter which otherwise I should receive, was a letter sent from the Queen of Scots to the Lord Herries, to persuade him, and that party, not to yield,
* Murdin, p. 145.
# Ibid., p. 136.
. and to encourage and comfort them to persist out still; and that I should send the same to Lowther, to be conveyed to the Lord Herries, or to his wife in his absence; • and on the morrow after I sent the same to Lowther, by one Richard Colborne, my servant.'
Wilbraham. From this it appeareth that the Scottish Queen's friends in Scotland, for whom she sorrowed and feared their yielding, were the enemies of the Queen's Majesty : these persons whom the Duke comforted and
adhered to by sending encouraging letters to them, as you have heard.
Duke. I confess that I caused the letters to be sent; but that I procured them to be written, I remember not; but therein I trust Bannister's memory. Then was read the letter* to Bannister, as follows :
You shall receive sealed up in a bag, by this bearer, Mr. Browne of Shrewsbury, 6001. in gold, which must be presently sent to Lowther, to be conveyed into Scot• land to the Lord Herries, to be sent by him forthwith to Ledington and Grange, according to the letter which is amongst the money in the said bag. This letter is • shifted for at this present only to relieve thy friends, who
otherwise, for want of money, are like enough to revolt; • and therefore the more speed must be used herein, · which I pray you do by all possible means. Lowther must use great circumspection in sending of it into Scotland. I doubt not but he can so do. In any wise • let not the Lord Herries, or any other Scotchman, • know this money cometh from the Scottish Queen: and
be nothing a known of me. Use the matter as you think • best.
Then was read part of Barker's Examination ř, dated 10th October, 1577, as follows :
• About Bartholomew tide, by the Duke of Norfolk's commandment, he did receive from the French Ambassador 6001. in gold, and did after, by my Lord of Norfolk's commandment, deliver it to Hickford, who, • by the Duke's order, did deliver it to Browne, a carrier • of Shrewsbury, to carry to Laurence Bannister, to be carried to Richard Lowther, and by him to be carried
* Harl, MSS. No, 290,
† Murdin, p. 111
• to the Lord Herries, to be conveyed to Ledington and
Grange to Edinburgh Castle, for the maintenance of • the Scottish Queen's cause.'
Duke. I do not deny that I received the money from the Ambassador; nor do I deny the conveying of the money; but it never came to the Queen's enemies' hands; and as for Grange and Ledington, I have not heard they were the Queen's enemies.
Wilbraham. That is no matter; for the indictment is generally of the Queen's enemies; and you know the money went to the Lord Herries.
Duke. Lord Herries was not appointed to have any part of it.
Wilbraham. That is no matter; it was abetting him who was the Queen's enemy, to be the factor, and to have the countenance and distribution of it at his plea
Beside that, you may be sure he would not let all pass without some share to himself.
Duke. I beseech you, my Lords the Judges, may a subject be the Queen's Majesty's enemy while the prince is her friend, and in amity with her ?
Catline, C.J. In some cases it may be so; as in France, if the dukedom of Brittany should rebel against the French King, and should (during the amity between the French and the Queen's Majesty) invade England, those Britons were the French King's subjects, and the Queen's enemies, though the French King remaineth in amity : and so in your case*.
Duke. Where was the proclamation made ?
Wilbraham. The proclamation was made in England, and here it is; but the war itself is sufficient proclamation.
Here the case for the Queen was closed, and the Duke said, " I trust my Lords the Peers will have consideration of me, particularly who they are that accuse
* This decision of the Judges is mentioned by Sir Edward Coke in the Third Institute, p. 11. He says, “the question in the Duke of Norfolk's case was, a league being between the Queen of England and the King of Scots, whether the Lord Herries and other Scots, in aperto prælio, burning and wasting divers towns in England, without the assent of the King, were enemies in law within the Statute of Traesons; and resolved that they were.”
me, the Bishop of Rosse and strangers; and all of them overreached in treason themselves."
The Lord Steward then asked if he had anything else to say ?
Duke. I trust to the law and my truth.
Then the Serjeant made an “ O yes!" saying, “ My Lord Grace, the Queen's Commissioner, High Steward of England, chargeth all men to keep silence, upon peril of imprisonment."
Lord High Steward. You have heard, my Lords, that Thomas, Duke of Norfolk, hath been indicted of divers points of treason, and hath pleaded thereto “ Not Guilty," and hath put himself upon the trial of God and you his Peers: you are now to consider the whole indictment, and the proofs which you have heard, whether he be guilty or not guilty, and thereupon say your minds, upon your honours and consciences.
Then the Lords withdrew themselves into a place prepared in the Chancery Court for consultation, and continued in consultation, in sight of all the people in the Hall, for an hour and a quarter, the Lord Steward still remaining in his seat. During this time the Duke was withdrawn a little from the bar. After an hour and a quarter, which was immediately after eight of the clock at night, the Lords came again upon the scaffold, and took their places as they were before; and then the Lord Steward, having ordered the Duke to be taken further out of hearing*, demanded of every of them severally, sitting in their places, beginning at the youngest Baron, in this manner :-"
My Lord De la Ware, What say you-Is the prisoner guilty of these treasons or not?” And they all severally answered, “Guilty."
Then the Lieutenant was by the Serjeant commanded to bring again the prisoner to the bar, which he did.
Then the edge of the axe was turned towards him; whereupon Mr. Serjeant Barham said, “ May it please you, my Lord High Steward, it appeareth that Thomas, Duke of Norfolk, hath been indicted of high treason,
* This circumstance, which is not mentioned in the Reportin the “ State Trials,' is taken from a Report in the Lansdown MSS. No. 775. The object seems to have been to prevent the prisoner from hearing in what manner each peer declared his opinion.