“My lords,” he said, “I here profess my faith and obedience to the Queen’s highness, whom I confess to have most grievously offended, and beyond the hope of pardon. I shall not attempt to say anything in my own defence. But I would willingly have the opinion of the court in two points.”
“State them,’” said the Duke of Norfolk.
“First then,” replied Northumberland, “I desire to know, whether the performance of an act by the authority of the sovereign and the council, and by warrant of the great seal of England, can be construed as treason?”
“Most undoubtedly, in your grace’s case,” replied the Duke of Norfolk; “inasmuch as the great seal whence your authority was derived was not the seal of the lawful Queen of the realm, but that of a usurper, and therefore no warrant.” Northumberland bowed.
“I am answered,” he said. “And now to the second point on which I would be resolved. Is it fitting or right,” he continued, glancing fiercely around, “that those persons who are equally culpable with myself, and by whose letters and commandments I have been directed in all I have done, should be my judges, or pass upon my trial at my death?”
“Grant that others are as deeply implicated in this case as your Grace,” replied the Duke of Norfolk; “yet so long as no attainder is of record against them, they are able in the law to pass upon any trial, and cannot be challenged, except at the Queen’s pleasure.”
“I understand,” replied Northumberland, bowing coldly; “and since it is useless to urge any reasonable matter, I will at once confess the indictment, entreating your Grace to be a means of mercy for me unto the Queen.”
Judgment was then pronounced.
The Duke once more addressed them.
“I beseech you, my lords,” he said, “all to be humble suitors for me to the queens highness, that she grant me four requests.” Most of the peers having signified their assent by a slight inclination of the head, he proceeded:—