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 that he might die by the axe like a nobleman.[92]

On the 19th, Sir John and Sir Henry Gates, Sir Andrew Dudley, and Sir Thomas Palmer were tried before a special commission. Dudley had gone with the treasonable message to France; the three others were the boldest and most unscrupulous of the Duke's partisans, while Palmer was also especially hated for his share in the death of Somerset. These four also pleaded guilty, and were sentenced, Palmer only scornfully telling the commissioners that they were traitors as well as he, and worse than he.[93]

Seven had been condemned; three only, the duke, Sir John Gates, and Palmer, were to suffer.

Crime alone makes death terrible: in the long list of victims whose bloody end, at stake or scaffold, the historian of England in the sixteenth century has to relate, two only showed signs of cowardice, and one of those was a soldier and a nobleman, who, in a moment of extreme peril, four years before, had kissed swords with his comrades, and had sworn to conquer the insurgents at Norwich, or die with honour.

The Duke of Northumberland, who since that time had lived very emphatically without God in the world, had not lived without religion. He had affected religion, talked about religion, played with religion, till fools and flatterers had told him that he was a saint; and now, in his extreme need, he found that he had trifled with forms and words, till they had grown into a hideous hypocrisy. The Infinite of death was opening at his feet, and he had no faith, no hope, no conviction, but only a blank and awful horror, and perhaps he felt that there was nothing left for him but to fling himself back in agony into the open arms of superstition. He had asked to speak with some member of the council; he had asked for a confessor. In Gardiner, Bishop of Winchester, he found both.

After the sentence Gardiner visited him in the Tower, where he poured out his miserable story; he was a Catholic, he said, he always had been a Catholic; he had believed nothing of all the doctrines for which he had pretended to be so zealous under Edward. "Alas!" he cried, "is there no help for me?" "Let me live but a little longer to do penance for my many sins." Gardiner's heart was softened at the humiliating spectacle; he would speak to the queen, he said, and he did speak, not wholly without success; he may have judged rightly, that the living penitence of the Joshua of the Protestants would have been more useful to the church than his death.[94] Already Mary had expressed a wish that, if possible, the wretched man should be spared; and he would have been allowed to live, except for the reiterated protests of Renard in his own name and in the emperor's.

It was decided at last that he should die; and a priest was assigned him to prepare his soul. Doctor Watts or Watson, the same man whom Cranmer long ago had set in the stocks at Canterbury, took charge of Palmer and the rest—to them, as rough soldiers, spiritual consolation from a priest of any decent creed was welcome.

The executions were fixed originally for Monday, the 21st; but the duke's conversion was a triumph to the Catholic cause too important not to be dwelt upon a little longer. Neither Northampton, Warwick, Andrew Dudley, or Sir Henry Gates were aware that they were to be respited, and, as all alike availed themselves of the services of a confessor and the forms of the Catholic faith, their compliance could be made an instrument of a public and edifying lesson. The lives of those who were to suffer were prolonged for twenty-four hours. On Monday morning "certain of the citizens of London" were requested to be in attendance at the Tower chapel, where Northumberland, Northampton, Dudley, Henry Gates, and Palmer were brought in; and, "first kneeling down, every one of them, upon his knees, they heard mass, saying devoutedly, with the bishop,[95] every one of them, Confiteor."

"After the mass was done, the duke rose up, and looked back upon my lord marquis, and came unto him, asking them all forgiveness, the one after the other, upon their knees, one to another; and the one did heartily forgive the other. And then they came, every one of them, before the altar, every one of them kneeling, and confessing to the bishop that they were the same men in the faith according as they had confessed to him before, and that they all would die in the Catholic faith." When they had all received the sacrament, they rose and turned to the people, and the duke said:—

"Truly, good people, I profess here before you all, that I have received the sacrament according to the true Catholic faith: and the plague that is upon the realm and upon us now is that we have erred from the faith these sixteen years; and this I protest unto you all from the bottom of my heart."