* State Trials, vol. i. p. 93.
** Lesley, p. 158.
*** Lesley, p. 169. State Trials, vol. i. p. 87. Camden, p.
434. Digges, p. 134, 137, 140. Strype, vol. ii. p. 82.
**** Lesley, p. 173.
Norfolk himself, who was entirely ignorant of the discoveries made by
his servants, was brought before the council; and though exhorted to
atone for his guilt by a full confession, he persisted in denying every
crime with which he was charged. The queen always declared, that if
he had given her this proof of his sincere repentance, she would have
pardoned all his former offences;[*] but finding him obstinate, she
committed him to the Tower, and ordered him to be brought to his trial.
The bishop of Ross had, on some suspicion, been committed to custody
before the discovery of Norfolk's guilt; and every expedient was
employed to make him reveal his share in the conspiracy. He at first
insisted on his privilege: but he was told, that as his mistress was no
longer a sovereign, he would not be regarded as an ambassador, and
that, even if that character were allowed, it did not warrant him in
conspiring against the sovereign at whose court he resided.[**] As
he still refused to answer interrogatories, he was informed of the
confession made by Norfolk's servants; after which he no longer scrupled
to make a full discovery; and his evidence put the guilt of that
nobleman beyond all question.
{1572.} A jury of twenty-five peers unanimously passed sentence upon
him. The trial was quite regular, even according to the strict rules
observed at present in these matters; except that the witnesses gave not
their evidence in court, and were not confronted with the prisoner; a
laudable practice, which was not at that time observed in trials for
high treason.
The queen still hesitated concerning Norfolk's execution; whether that
she was really moved by friendship and compassion towards a peer of that
rank and merit, or that, affecting the praise of clemency, she only put
on the appearance of these sentiments. Twice she signed a warrant for
his execution, and twice revoked the fatal sentence;[***] and though
her ministers and counsellors pushed her to rigor, she still appeared
irresolute and undetermined.
* Lesley, p. 175.
** Lesley, p. 189. Spotswood.
*** Carte, p. 527, from Fenelon's Despatches. Digges, p.
166. Strype, vol. ii. p. 83.
After four months' hesitation, a parliament was assemble
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