The trials of the conspirators were now resolved upon. The queen was determined to spare Lady Jane Grey, in spite of all which Renard could urge; but the state of London showed that the punishment of the really guilty could no longer be safely delayed. On this point all parties in the council were agreed. On Friday, the 18th of August, therefore, a court of peers was formed in Westminster Hall, with the aged Duke of Norfolk for High Steward, to try John Dudley Duke of Northumberland, the Earl of Warwick, and the Marquis of Northampton for high treason. Forty-four years before, as the curious remarked, the father of Norfolk had sat on the commission which tried the father of Northumberland for the same crime. The indictments charged the prisoners with levying war against their lawful sovereign. Northumberland, who was called first to the bar, pleaded guilty of the acts which were laid against him, but he submitted two points to the consideration of the court. 1. Whether, having taken the field with a warrant under the Great Seal, he could be lawfully accused of treason. 2. Whether those peers from whom he had received his commission, and by whose letters he had been directed in what he had done, could sit upon his trial as his judges. The Great Seal, he was answered briefly, was the seal of a usurper, and could convey no warrant to him. If the lords were as guilty as he said, yet, "so long as no attainder was on record against them, they were persons able in law to pass upon any trial, and not to be challenged but at the prince's pleasure."[89] [Footnote 89: _Queen Jane and Queen Mary._ The anomaly in the constitution of the Court amused Renard, who commented upon it to the Emperor, as an illustration of England and the English character.--_Rolls House MSS._] The duke bowed and was silent. Northampton and Warwick came next, and, like Northumberland, confessed to the indictment. Northampton, however, pleaded in his defence, that he had held no public office {p.040} during the crisis; that he had not been present at the making of Edward's device, and had been amusing himself hunting in the country.[90] Warwick, with proud sadness, said merely, that he had followed his father, and would share his father's fortunes; if his property was confiscated, he hoped that his debts would be paid.[91] [Footnote 90: Renard to Charles V.: _Rolls House MSS._ _Queen Jane and Queen Mary_, Appendix. Baoardo says, Northampton pleaded--Ch' egli non si era mai messo in governo et che sempre attese alla caccia.] [Footnote 91: Ibid.]