thought it was best to take the Tower. I refused to do it, and said, 'Take the Tower! that were a proper device indeed!' And thence I went to my Lord of Pembroke's, where I dined, and then I told my Lord of Pembroke of that device; whereunto he answered, 'We are well, and safe enough: let them that be faulty take the Tower, if they will.' And to what end should I have taken the Tower?

Serjeant. To maintain by force that which you had practised against the Queen's Majesty's commandment, namely, the marriage with the Scottish Queen. Duke. I had not then dealt with it.

Wilbraham. My Lord, you still say you dealt not at this time, or at that time, against her Majesty's commandment; I pray you, at what time, since her Majesty's commandment upon your allegiance, did you forbear to deal with the Scottish Queen?

Serjeant. Afterwards, at your house at Charterhouse, you received letters, messages, and tokens from the Scottish Queen; you received from her a cushion, with a hand cutting down a vine, and this poesy upon it, Virescit vulnere virtus.'

Here was read a part of the Bishop of Rosse's Examination,* of the 6th November, 1571, as follows

'The Tuesday before the Duke went to Kenninghall, Liggons met this Examinate by appointment at the great gate of Howard-house, and conducted him by the back court of the house, and brought him into a gallery, whither the Duke came to this Examinate. The cause of this Examinate's coming was, for that Robinson had brought to the Duke a token from the Queen of Scots, which, as he remembereth, was a ring; before which time Borthwick brought a cushion, wrought with the Scottish Queen's own arms, and a device upon it, with this sentence, Virescit vulnere virtus,' and a hand with a knife cutting down the vines, as they use in spring time: all which work was made by the Scottish Queen's own hand.'

Serjeant. Besides this, you have given her advice, as her counsellor, against the Queen's Majesty: namely, when in treaty between the Queen's Majesty and her, there were three Articles propounded on the Queen's

* Murdin's State Papers, p. 50.

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 certain 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 advice was, that the Queen of Scots should in nowise consent either to the one or the other. The delivery of her

* 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.

VOL. XVI.

15*

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

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?

Duke. I excuse it not: herein I confess my error. I 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:

'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 Examinate, 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:

'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.'

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 moont (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 * Murdin's State Papers, p. 160. † See ante P. 118. The silver crescent is the well-known ensign of the Northumberland family.

(which 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 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.