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.]
But Northampton had indisputably been in the field with the army, and,
as his judges perfectly well knew, had been, with Suffolk, the Duke's
uniform supporter in his most extreme measures; the queen had resolved
to pardon him; but the court could not recognise his excuse. Norfolk
rose, in a few words pronounced the usual sentence, and broke his
wand; the cold glimmering edge of the Tower axe was turned towards the
prisoners, and the peers rose. Northumberland, before he was led away,
fell upon his knees; his children were young, he said, and had acted
under orders from himself; to them let the queen show mercy; for
himself he had his peace to make with Heaven; he entreated for a few
days of life, and the assistance of a confessor; if two of the council
would come to confer with him, he had important secrets of state to
communicate; and, finally, he begged
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