Page:History of England (Froude) Vol 10.djvu/63

 1572.] THE DUKE OF NORFOLK. 43 crown, contrary to his allegiance, contrary to the Queen's command, and in violation of his own plighted word. In detail he was accused of having assisted the rebels who had fled to Scotland after the late insurrection ; of having in the March preceding sent Bidolfi to Eome, to Spain, and to the Duke of Alva, to concert measures for an invasion ; and of himself intending to raise a fresh rebellion in England. He had corresponded since Ridolfi's departure both with him and the Pope, and had received ' promises of help and assistance in the said wicked enterprise for the setting up of the said Mary late Queen of Scots.' The Duke, being required to plead, demanded the assistance of counsel. It was objected that in cases of high treason counsel was not allowed ; but he said that the indictment was complicated ; ' he found himself en- tangled in a herd of laws,' so that he did not know to what he was to answer ; and he referred to the trial of Sir Humphrey Stafford, to whom, in a similar case, the indulgence for which he asked had been conceded. Chief Justice Dyer replied that the precedent was not applicable : Stafford had been taken out of sanctuary, 1 and counsel had been heard merely on the question whether the protection was legitimately violated. The Duke, with a slight protest, submitted to the 1 A i. Hen. VII. Stafford and his brother had held out against Henry VII. for a few months after Bosworth. Finding their cause hope- lessly lost, they took refuge in a sanctuary near Abingdon, from which they were forcibly removed and were hanged at Tyburn.