The History of England in Three Volumes, Vol. I., Part D.: From Elizabeth to James I.
David Hume · en
{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 assembled; and the
commons addressed her in strong terms for the execution of the duke; a
sanction which, when added to the greatness and certainty of his guilt,
would, she thought, justify, in the eyes of all mankind, her severity
against that nobleman. Norfolk died with calmness and constancy; and
though he cleared himself of any disloyal intentions against the queen’s
authority, he acknowledged the justice of the sentence by which he
suffered.[*] That we may relate together affairs of a similar nature,
we shall mention, that the earl of Northumberland, being delivered up
to the queen by the regent of Scotland, was also, a few months after,
brought to the scaffold for his rebellion.