[1] [2] The duke of Northumberland at his comming to the barre, vsed great reuerence towards the iud|ges: and protesting his faith and allegiance to the quéens maiestie, whome he confessed gréeuouslie to haue offended, he said that he meant not to speake anie thing in defense of his fact, but would first vn|derstand th'opinion of the court in two points. First whether a man dooing anie act by authoritie of the princes councell,The dukes request to vn|derstand the opinion of the court in two points. & by warrant of the great seale of England, & dooing nothing without the same, maie be charged with treason for any thing which he might doo by warrant thereof? Secondlie, whether anie such persons as were equally culpable in that crime, and those by whose letters and commandements he was directed in all his dooings might be his iudges, or passe vpon his triall as his péeres? Wherevnto was answered, that as concerning the first, the great seale which he laid for his warrant, was not the seale of the lawfull quéene of the realme, nor pas|sed by authoritie: but the seale of an vsurper, and therefore could be no warrant to him. And to the se|cond it was alledged, that if anie were as deeplie to be touched in that case as himselfe, yet so long as no atteindor were of record against them, they were neuerthelesse persons able in law to passe vpon anie triall, and not to be chalenged therefore, but at the princes pleasure. After which answer the duke vsing few words, declared his earnest repentance in the case (for he saw that to stand vpon vttering anie rea|sonable matter, as might séeme, would little pre|uaile) and he mooued the duke of Norffolke to be a meane vnto the quéene for mercie, and without fur|ther [page 1090] answer confessed the indictment, by whose ex|ample the other prisoners arreigned with him, did likewise confesse the indictments produced against them, and therevpon had iudgement.