so that they might hold out awhile till aid came.' The Scottish Queen accordingly wrote to the French Ambassador, and he wrote six letters to the Lord Herries, and other Lords of Scotland, with fair and comfortable promises. The packet of these letters was sent to the Duke. He caused it to be sent, with a letter to Bannister, to convey it to Lowther, upon the West Borders of Scotland, and that Lowther should convey it over to the Lord Herries. Hickford, the Duke's secretary, delivered this packet, and the other letter, to Henry, the Duke's footman, who carried it to Bannister: and Bannister sent it to Lowther, by Colborn his servant; and to dissemble the cause of his servant's going, and to know some certainty whether it came to Lowther's hand or no, a privy token passed between him and Lowther, about the gathering of the rent of Lord Dacre's lands. Lowther sent over the packet, and returned answer to Bannister, 'that he had sent it to the Lord Herries; and told him, according to their privy token, that though it were troublesome, yet he would gather the rents for him.'

Here was read the Confession

of Barker and Hick ford, dated 14th September, 1571, as follows:

'Barker saith, that in July last past he received a packet of letters, containing, as he supposeth, half a dozen letters, of the French Ambassador, of the which he told the Duke; and the Duke sent for Hickford, and willed him to write to Bannister, who should convey them to Lowther, and so to the Lord Herries in Scotland, as they were directed.'

'I, the said Robert Hickford, do confess it to be very true, that I was privy to a certain packet that Mr. Barker ent to Mr Bannister, to be conveyed to Lowther in July last past, as I do remember; and that, as my Lord commanded me, I wrote to Mr Bannister the same time in cypher, to this effect, that he should cause Lowther to send them into Scotland.'

Wilbraham. You hear how Barker betrayeth it; you hear, also, how Hickford himself confesseth it; and in what manner, I pray you, do they disclose it? They make no haste to accuse the Duke, but all by leisure.

* Murdin, p. 93.

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 complained 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 Scotland; 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, † 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 Scottish 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

* Murdin,
p. 83.

+ Ibid. p. 131.

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 signified to this Examinate, that the content of the Queen of Scots' letter was to give comfort to her party in Scotland, being then in distress, and to have them persist, and not to give over. In Hickford's letter this Examinate 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 a 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, a 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 distress, 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, P. 136.

* Murdin, p. 145,

+ Ibid.,

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 1 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, 600l in gold, which must be presently sent to Lowther, to be conveyed into Scotland 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,† dated 10th October, 1571, 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 + Murdin, p. 111.

*Harl. MSS. No. 290.

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 pleasure. 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, '1 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 Treasons; and re solved that they were.'