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only in respect of her false title to the Crown of England. Now you shall, to the same end, hear your own report against her to Bannister.

Duke. Bannister was shrewdly cramped when he told that tale. I beseech you let me have him brought face to face.

Serjeant. Bannister was no more tortured than yourself.

Then was read part of Bannister's Confession,* dated September 29th, 1571, as follows:

'I confess that I, waiting on my lord and master when the Earl of Sussex and Mr Chancellor of the Duchy that now is, were in commission at York, did hear his Grace say, that upon examination of the matter of the murder, it did appear that the Queen of Scots was guilty, and privy to the murder of the Lord Darnley, her late husband.

Serjeant. This showeth that you had an evil opinion of her, and so no affection to her person; therefore your seeking of that marriage was for another respect; and for that respect Ledington, Rosse, and you practised the withdrawing of the charge against her at York. Duke. They broke it to me. What is this to me?

Did I consent?

Serjeant. You consented.

Duke. No.

Serjeant. They say plainly, that you practised to withdraw the things that might charge her.

Duke. Ledington broke it to me, and the Earl of Murray broke it to me. I pray you, let them be brought face to face to me: I have often required it, and the law I trust is so.

Serjeant. The law was so for a time, in some cases of treason; but, since, the law hath been found too hard

* Murdin's State Papers, p. 133. Notwithstanding the positive denial of the fact by Serjeant Barham, this confession of Bannister was made after the torture had been applied to him, as the Duke intimates. The letter of Sir Thomas Smith to Lord Burleigh, dated the 20th of September, 1571, expressly reporting that Bannister had been racked, will be found in Murdin's State Papers, p. 101.

and dangerous for the prince, and it hath been repealed.* Now we shall give proof of your purpose to pursue your enterprise by force.

Then was read part of the Bishop of Rosse's Confession, of the 3d of November, 1571, as follows:

'In the summer before the stirring in the North I did divers times, by commandment from my mistress, inquire at the Duke what he would do, in case the Queen's Majesty would not give her consent to the marriage with the Queen my mistress, whether he had provided such friendship, as by their forces and assistance he might perform it, and stand to it? To which he answered me, at the first," that the Queen could not but like well of it, in respect that her Council, for the most part, thought it very fit and expedient to be done; and that the whole nobility abroad liked well of it, few excepted, for he had assayed all their minds; and so in the end she must needs agree thereto, albeit at the first motion she might stir and mislike, for none would be found to feed her in that humour." Afterwards, when he was come from Southampton, in that the Queen's Majesty had uttered her misliking in that matter, I pressed to have a more direct answer; and he then told me "he would depart into his country, and so he had resolved by the advice of the Earls of Arundel and Pembroke, who would do the like; and there would take purpose, by the advice of his countrymen and friends, and do that was most likely

*Allusion is here made to the Statutes of Edward VI, requiring two witnesses in cases of treason, upon which some remarks were made on Throckmorton's Trial. The statute 1 and 2 Philip and Mary, c. 10, enacts, that all trials for treason shall be according to the course of the Common Law, and not otherwise. Very soon after this statute was passed, a solemn resolution of all the Judges determined that it repealed the provision of the Statutes of Edward VI requiring two witnesses. The practice of the Courts seems to have been established in pursuance of this opinion; for in the reigns of Elizabeth and James I, the Statutes of Edward VI are either wholly disregarded, or where any argument is raised upon them, as in the present trial, and in Sir Walter Raleigh's case, they are declared by the Judges to be repealed. See Reeves's History

of the Law, vol. iv, p. 494.

+ Murdin's State Papers, p. 44.

for the advancement of the cause." I replied, that "the Queen's Majesty would cause to bring him by force out of his country to her." He answered, "there would no nobleman in England accept that charge at her command, for he knew their whole minds, specially of those in the North, who would assist him; and if he might once have that open quarrel against the Queen, that she did first pursue him, I should see. that he would have friends enough to assist him, and that my mistress's person should be safely enough provided for, in respect it was the principal mark he shot at, and would do what he could to have her in his hands. And these two Earls, Arundel and Pembroke, with other friends, had promised to do as he did; and the Earls of Northumberland, Westmoreland, and other Lords in the North, had promised the like." At the same time Liggons, his servant, told me, "that the Duke was resolved to go forward with the matter by force, if otherwise he could not have the Queen's Majesty's good will." All this time there was continual message sent betwixt the Queen, my mistress, and the Duke, and betwixt them and the Lords in the North ; whereupon did grow their attempt and rebellion, as I do judge.'

Duke. All this is false, saving that the Bishop of Rosse once spake with me, and then understanding him to be a suspected man, I desired him to forbear to come to me; nevertheless, by his great earnestness and importunity, that I would but once admit him to come to me, at length he came, and moved me for certain money of the Scottish Queen's, amounting to about two thousand pounds, which remained in my keeping; one letter he brought me, and no more, until after my first trouble. As for my going into Norfolk, I can bring good witness, that I meant not to go into Norfolk four hours before I went,* and that spake not with the Bishop of Rosse for two days before.

*In a paper entitled A Brief Declaration of those things which I have omitted in my Examinations, touching the whole Proceedings with the Queen of Scots, either by myself or any other to my knowledge,' which is dated the 10th of November, 1571, and is to be found amongst the Harleian Manuscripts, 15

VOL. XVI.

As for sending of letters to my Lord of Northumberland, or my brother of Westmoreland, all this is false: I never received letters from them in all my time of trouble. If ever I sent to them, or received from them any letters in three-quarters of a year before, let me never be credited. It is with good reason that I have prayed to have the Bishop brought to me in private examination face to face, whereby I might have put him in remembrance of the truth; but I have not had him face to face, nor have been suffered to bring forth such witnesses, proofs, and arguments, as might have made for my purgation.

Lord Burleigh. My Lord, did you ever desire to have any proofs or witnesses produced for your part, to prove anything that might make for you? And were you refused?

Duke. I have divers times prayed, that if anything which I said were denied to be true, I might be driven to the proof of it.

Lord Burleigh. I ask it, because I have not heard it reported to her Majesty that you made any such request, or desired to have any particular witnesses examined, or proofs heard on your part.

Serjeant. It is now well proved, that at Hampton Court, being examined of the matter by the Queen's Majesty, you dissembled it. Being charged upon your allegiance, you promised not to proceed further in the matter. Against that express commandment of her Majesty against your duty, and against your promise and faith, you still proceeded.

Duke. I confess this was mine error; but this is no treason, and I have already made humble petition to my peers, not to confound my faults together, nor to mingle my inferior offences with this great cause.

Serjeant. Since the commandment given to you at

No. 6353, and also in the State-Paper Office, the Duke, as to the immediate cause of his journey into Norfolk, says that ' when he was at Howard-House in London, after he had left the Court at Titchfield, his physician came to him and told him that he had seen one from the Court who was told by the Earl of Leicester to give the Duke warning that he should be committed to the Tower, and that he should look well to himself. Whereupon he went into Norfolk.'

Titchfield, not to proceed in dealing with the Scottish Queen in anywise, you have continually dealt with her; you have lent her money; you have maintained Liggons, your servant, continually to advertise you from the Bishop of Glasgow and the Pope's Nuncio ; and you have advertised him from hence. He hath had money of you; and you have received letters from him four times, in coffers.

Then was read part of the Duke's Declaration,* made 31st October, 1571, as follows:

'He saith, that he remembers well that Borthwick had money of this Examinate at several times; how much this Examinate remembreth not. He saith also, that Borthwick reported unto him that the Queen of Scots was in debt to the Bishop, and that his land was in mortgage to a merchant in London, and stood upon forfeiture; whereupon this Examinate delivered by Liggons three hundred pounds to Borthwick, for the redemption of his land, which was before the receipt of the two thousand pounds of the Scottish Queen's money.'

Then was read a part of the Bishop of Rosse's Examination, dated 26 April, 1571,† in which he admitted the receipt of various sums of money lent by the Duke to the Queen of Scots, and delivered by him to Borthwick and Francis Bishop.

Duke. This I deny not.

Serjeant. What say you then to your joining in the scheme of taking the Tower?

Duke. That I deny.

Serjeant. Was not a device for taking the Tower mentioned unto you, as you came from Titchfield, by one that came to you in the way?

Duke. I have already confessed that such a motion was made to me, but I never assented to it.

Serjeant. But you concealed it; and though you say you never assented to the motion, yet you asked advice concerning it.

Duke. Indeed I told one of it. Hugh Owen met me by the way from Titchfield, and told me how we were all in danger, and said, that some of our friends

*Murdin's State Papers, p. 162. + Ibid. p. 20. This Owen was a confidential servant of the Earl of Arundel.

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