Northumberland’s indictment having been read, he thus addressed the court—
“My lords,” he said, “I here profess my faith and obedience to the queen’s highness, whom I confess to have most grievously offended, and beyond the hope of pardon. I shall not attempt to say anything in my own defence. But I would willingly have the opinion of the court in two points.”
“State them,” said the Duke of Norfolk.
“First then,” replied Northumberland, “I desire to know, whether the performance of an act by the authority of the sovereign and the council, and by warrant of the great seal of England, can be construed as treason?”
“Most undoubtedly, in your grace’s case,” replied the Duke of Norfolk; “inasmuch as the great seal whence your authority was derived was not the seal of the lawful queen of the realm, but that of a usurper, and therefore no warrant.”
Northumberland bowed.
“I am answered,” he said. “And now to the second point on which I would be resolved. Is it fitting or right,” he continued, glancing fiercely around, “that those persons who are equally culpable with myself, and by whose letters and commandments I have been directed in all I have done, should be my judges, or pass upon my trial at my death?”
“Grant that others are as deeply implicated in this case as your grace,” replied the Duke of Norfolk; “yet so long as no attainder is of record against them, they are able in the law to pass upon any trial, and cannot be challenged, except at the queen’s pleasure.”
“I understand,” replied Northumberland, bowing coldly; “and since it is useless to urge any reasonable matter, I will at once confess the indictment, entreating your grace to be a means of mercy for me unto the queen.”
Judgment was then pronounced.
The duke once more addressed them.
“I beseech you, my lords,” he said, “all to be humble suitors for me to the queen’s highness, that she grant me four requests.”
Most of the peers having signified their assent by a slight inclination of the head, he proceeded—
“First, that I may have that death which noblemen have had in times past, and not the other. Secondly,” and his voice faltered, “that her highness will be gracious to my children, who may hereafter do her good service, considering that they went by my commandment, who am their father, and not of their own free wills.”
“Do not include me in your solicitation, my lord,” interrupted the Earl of Warwick, haughtily. “I neither ask mercy, nor would accept it at the queen’s hands; and prefer death to her service. What I have done, I have done on no authority save my own, and were it to do again, I would act in like manner.”
“Rash boy, you destroy yourself,” cried the duke.
“Proceed, my lord,” observed the Duke of Norfolk, compassionately; “your son’s indiscreet speech will not weigh with us.”
“Thirdly, then,” rejoined Northumberland, “I would entreat that I may have appointed to me some learned man for the instruction and quieting of my conscience. And fourthly, that her highness will send two of the council to commune with me, to whom I will declare such matters as shall be expedient for her and the state. And thus I beseech you all to pray for me.”
“Doubt it not, my lord,” rejoined Norfolk; “and doubt not, also, that your requests shall be duly represented to the queen.”
“Add, if it please your grace,” pursued Northumberland, “a few words in favour of the unhappy Lady Jane Dudley, who, as is well known to many now sitting in judgment upon me, so far from aspiring to the crown, was by enticement and force compelled to accept it.”
The duke then retired, and the Marquess of Northampton having advanced to the bar, and pleaded to his indictment, sentence was passed on him likewise.
His example was followed by the Earl of Warwick, who heard his condemnation pronounced with a smile.
“I thank you, my lords,” he said, when the sentence was uttered, “and crave only this favour of the queen, that as the goods of those condemned to death are totally confiscated, her highness will be pleased to let my debts be paid.”
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