of treason and adultery.

Lord Rochford, Norris, one Smeton a musician, and Brereton and another
gentleman of the bed-chamber, were likewise apprehended, and brought to
trial on the accusation of criminal intercourse with the queen. They
were all convicted; but from the few particulars which have come down to
us, it seems to be justly inferred, that the evidence produced against
some at least of these unhappy gentlemen, was slight and inconclusive.
Lord Rochford is universally believed to have fallen a victim to the
atrocious perjuries of his wife, who was very improperly admitted as a
witness against him, and whose infamous conduct was afterwards fully
brought to light. No absolute criminality appears to have been proved
against Weston and Brereton; but Smeton confessed the fact. Norris died
much more generously: he protested that he would rather perish a
thousand times than accuse an innocent person; that he believed the
queen to be perfectly guiltless; he, at least, could accuse her of
nothing; and in this declaration he persisted to the last. His
expressions, if truly reported, seem to imply that he might have saved
himself by criminating the queen: but besides the extreme improbability
that the king would have shown or promised any mercy to such a
delinquent, we know in fact that the confession of Smeton did not obtain
for him even a reprieve: it is therefore absurd to represent Norris as
having died in vindication of the honor of the queen; and the favor
afterwards shown to his son by Elizabeth, had probably little connexion
with any tenderness for the memory of her mother, a sentiment which she
certainly exhibited in no other circumstance.

The trial and condemnation of the queen followed. The process was
conducted with that open disregard of the first principles of justice
and equity then universal in all cases of high treason: no counsel were
assigned her, no witnesses confronted with her, and it does not appear
that she was even informed of Smeton's confession: but whether, after
all, she died innocent, is a problem which there now exist no means of
solving, and which it is somewhat foreign from the purpose of this work
to discuss.

One part of this subject, however, on account of the intimate relation
which it bears to the history of Elizabeth, and the influence which it
may be presumed to have exercised in the formation of her character,
must be treated somewhat at large.

The common law of England, by