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- Aelfric: The Old Testament
- Aelfric: Aelfric's Homilies (15)
- Aelfric: Aelfric's Catholic Homilies (II/27.2)
- Aelfric: Aelfric's Catholic Homilies (II/29)
- Aelfric: Aelfric's Catholic Homilies (II/8)
- Aelfric: Aelfric's Lives of Saints (14)
- Aelfric: Aelfric's Lives of Saints (26)
- Aelfric: Aelfric's Lives of Saints (32)
- Aelfric: Aelfric's Lives of Saints (9)
- Aelfric: Aelfric's Letter to Sigefyrth
- Aelfric: Aelfric's Letter to Sigeweard ('On the Old and New Testament')
- Aelfric: Aelfric's Letter to Wulfsige
- Aelfric: Aelfric's First and Second Letters to Wulfstan (1)
- Aelfric: Aelfric's First and Second Letters to Wulfstan (2)
- Aelfric: Aelfric's Preface to Grammar
- Aelfric: Aelfric's Preface to Lives of Saints
- Aelfric: Aelfric's Preface to Catholic Homilies I
- Aelfric: Aelfric's Preface to Catholic Homilies II
- Aelfric: Aelfric's Preface to Genesis
- Aelfric: De Temporibus Anni
- Aethelwold: The Benedictine Rule
- Aldred: The Durham Ritual
- Aldred: Lindisfarne Gospels
- Alfred: Alfred's Boethius
- Alfred: Alfred's Cura Pastoralis
- Alfred: The Meters of Boethius
- Alfred: Alfred's Preface to Cura Pastoralis
- Alfred: Alfred's Preface to Soliloquies
- Anonymous: Adrian and Ritheus
- Anonymous: Aelred of Rielvaux's De Institutione Inclusarum (3)
- Anonymous: Aelred of Rielvaux's De Institutione Inclusarum (4)
- Anonymous: Alexander's Letter
- Anonymous: Laws (ALFRED)
- Anonymous: Alfred's Introduction to Laws
- Anonymous: Ancrene Wisse
- Anonymous: Andreas
- Anonymous: Apollonius of Tyre
- Anonymous: Documents 2 (Sweet-Whitelock 35)
- Anonymous: The New Testament (Authorized Version)
- Anonymous: The Old Testament (Authorized Version)
- Anonymous: Bede's Death Song
- Anonymous: Bede's Ecclesiastical History
- Anonymous: The Benedictine Rule
- Anonymous: Beowulf
- Anonymous: A Bestiary
- Anonymous: The Romance of Sir Beues of Hamtoun
- Anonymous: Documents 1 (BIRCH 451)
- Anonymous: The Blickling Homilies (10)
- Anonymous: The Blickling Homilies (12)
- Anonymous: The Blickling Homilies (17)
- Anonymous: The Blickling Homilies (2)
- Anonymous: The Blickling Homilies (6)
- Anonymous: Bodley Homilies (10)
- Anonymous: Bodley Homilies (12)
- Anonymous: Bodley Homilies (5)
- Anonymous: The Battle of Brunanburh
- Anonymous: Brut (1333)
- Anonymous: Caedmon's Hymn
- Anonymous: Satire on the Consistory Courts (HP6)
- Anonymous: Chad
- Anonymous: The Cyrurgie of Guy de Chauliac
- Anonymous: Christ
- Anonymous: Gregory's Chronicle
- Anonymous: Chronicle MS A Early (O2)
- Anonymous: Chronicle MS A Late
- Anonymous: Chronicle MS E (Early)
- Anonymous: Chronicle MS E (Late)
- Anonymous: The Cloud of Unknowing
- Anonymous: A Letter by the Commissioner of Customs (to Lord Clifford)
- Anonymous: A Letter by the Privy Council (to Lord Rochester)
- Anonymous: Cursor Mundi
- Anonymous: Deor
- Anonymous: Depositions
- Anonymous: Dicts of Cato
- Anonymous: Digby Plays
- Anonymous: The Dream of the Rood
- Anonymous: Wulf and Eadwacer
- Anonymous: The Life of St. Edmund
- Anonymous: The Equatorie of the Planetis
- Anonymous: The Trial of the Earl of Essex
- Anonymous: Exodus
- Anonymous: The Fortunes of Men
- Anonymous: The Fox and Wolf in the Well
- Anonymous: Gregory the Great, Dialogues (MS H)
- Anonymous: Genesis
- Anonymous: Documents 1 (HARMER 1)
- Anonymous: Documents 3 (HARMER 12)
- Anonymous: Documents 2 (HARMER 18)
- Anonymous: Documents 1 (HARMER 2)
- Anonymous: Documents 1 (HARMER 3)
- Anonymous: Documents 2 (HARMER 4)
- Anonymous: Documents 1 (HARMER 5)
- Anonymous: Documents 2 (HARMER 7)
- Anonymous: Havelok
- Anonymous: The Proclamation of Henry III
- Anonymous: Hali Meidhad
- Anonymous: King Horn
- Anonymous: A Treatise on Horses
- Anonymous: Historical Poems (Harley 2253) (3)
- Anonymous: Historical Poems (Harley 2253) (4)
- Anonymous: Historical Poems (Harley 2253) (5)
- Anonymous: History of the Holy Rood-Tree
- Anonymous: Song of the Husbandman (HP2)
- Anonymous: Indenture
- Anonymous: Laws (INE)
- Anonymous: In Die Innocencium
- Anonymous: Interlude (Appendix to Dame Sirith)
- Anonymous: Judgements, London
- Anonymous: Juliane
- Anonymous: Kyng Alisaunder
- Anonymous: Katherine
- Anonymous: The Kentish Hymn
- Anonymous: The Kentish Psalm
- Anonymous: Kentish Sermons
- Anonymous: Lacnunga
- Anonymous: Laeceboc
- Anonymous: Lambeth Homilies (1)
- Anonymous: Lambeth Homilies (14)
- Anonymous: Lambeth Homilies (15)
- Anonymous: Lambeth Homilies (3)
- Anonymous: Lambeth Homilies (4)
- Anonymous: Lambeth Homilies (7)
- Anonymous: Lambeth Homilies (8)
- Anonymous: Laws (Eleventh Century)
- Anonymous: Laws (LATE)
- Anonymous: The Leiden Riddle
- Anonymous: Vision of Leofric
- Anonymous: The Trial of Lady Alice Lisle
- Anonymous: Letter(s), London (to the King)
- Anonymous: A Letter by the Lords of the Council (to the King)
- Anonymous: Proclamations, London
- Anonymous: Ludus Coventriae
- Anonymous: Mandeville's Travels
- Anonymous: Mankind
- Anonymous: Margarete
- Anonymous: A Passion of St Margaret
- Anonymous: Martyrology
- Anonymous: Marvels
- Anonymous: Maxims I
- Anonymous: A Hundred Mery Talys
- Anonymous: Man in the Moon
- Anonymous: The Earliest Complete English Prose Psalter
- Anonymous: The Metrical Psalms of the Paris Psalter
- Anonymous: The Northern Homily Cycle
- Anonymous: The Trial of Titus Oates
- Anonymous: Ohthere and Wulfstan (MS L)
- Anonymous: Ohthere and Wulfstan (MS G) (3)
- Anonymous: Alfred's Orosius
- Anonymous: The Panther
- Anonymous: The Partridge
- Anonymous: Penny Merriments
- Anonymous: Peri Didaxeon
- Anonymous: History of Sir John Perrott
- Anonymous: Petitions, London
- Anonymous: Petitions (M4), London
- Anonymous: The Peterborough Chronicle
- Anonymous: Phlebotomy
- Anonymous: Phoenix
- Anonymous: The Paris Psalter
- Anonymous: The Pricke of Conscience
- Anonymous: Prognostications (Caligula)
- Anonymous: Prognostications (CCCC)
- Anonymous: Prognostications (Hatton)
- Anonymous: Quadrupedibus
- Anonymous: The Trial of Sir Walter Raleigh
- Anonymous: Returns, London
- Anonymous: Satire on the Retinues of the Great (HP7)
- Anonymous: Riddles
- Anonymous: The Riming Poem
- Anonymous: Documents 3 (ROBERTSON 1)
- Anonymous: Documents 2 (ROBERTSON 10)
- Anonymous: Documents 3 (ROBERTSON 101)
- Anonymous: Documents 3 (ROBERTSON 103)
- Anonymous: Documents 2 (ROBERTSON 16)
- Anonymous: Documents 4 (ROBERTSON 2)
- Anonymous: Documents 2 (ROBERTSON 26)
- Anonymous: Documents 1 (ROBERTSON 3)
- Anonymous: Documents 3 (ROBERTSON 32)
- Anonymous: Documents 3 (ROBERTSON 41)
- Anonymous: Documents 3 (ROBERTSON 44)
- Anonymous: Documents 3 (ROBERTSON 46)
- Anonymous: Documents 2 (ROBERTSON 6)
- Anonymous: Documents 3 (ROBERTSON 66)
- Anonymous: Documents 3 (ROBERTSON 83)
- Anonymous: Documents 3 (ROBERTSON 87)
- Anonymous: Documents 3 (ROBERTSON 91)
- Anonymous: Documents 3 (ROBERTSON 94)
- Anonymous: Documents 4 (Robertson, Appendix 1)
- Anonymous: Documents 4 (Robertson, Appendix 3)
- Anonymous: Documents 4 (Robertson, Appendix 4)
- Anonymous: Sermon (MS Royal 18 B)
- Anonymous: The Ruthwell Cross
- Anonymous: The Seafarer
- Anonymous: Dame Sirith
- Anonymous: The Siege of Jerusalem
- Anonymous: The Life of St. Edmund
- Anonymous: Solomon and Saturn
- Anonymous: Statutes (II)
- Anonymous: Statutes (III)
- Anonymous: Statutes (IV)
- Anonymous: Statutes (VII)
- Anonymous: A Homily for the Sixth (or Fourth) Sunday After Epiphany
- Anonymous: Sawles Warde
- Anonymous: Testaments and Wills, London
- Anonymous: Liber de Diversis Medicinis (Thornton MS)
- Anonymous: The Trial of Sir Nicholas Throckmorton
- Anonymous: The Thrush and the Nightingale
- Anonymous: Towneley Plays
- Anonymous: Trinity Homilies (12)
- Anonymous: Trinity Homilies (20)
- Anonymous: Trinity Homilies (23)
- Anonymous: Trinity Homilies (5)
- Anonymous: A Letter by the Fellow of Trinity College (to Lord Burghley)
- Anonymous: The Vespasian Psalter
- Anonymous: Vespasian Homilies (3)
- Anonymous: Vespasian Homilies (32)
- Anonymous: Vespasian Homilies (33)
- Anonymous: Vespasian Homilies (42)
- Anonymous: Vespasian Homilies (48)
- Anonymous: Vices and Virtues (1)
- Anonymous: The Book of Vices and Virtues (4)
- Anonymous: The Wanderer
- Anonymous: English Wycliffite Sermons (I/ES1)
- Anonymous: English Wycliffite Sermons (I/ES11)
- Anonymous: English Wycliffite Sermons (I/ES27)
- Anonymous: English Wycliffite Sermons (I/ES40)
- Anonymous: The Whale
- Anonymous: Documents 3 (WHITELOCK 13)
- Anonymous: Documents 3 (WHITELOCK 14)
- Anonymous: Documents 3 (WHITELOCK 15)
- Anonymous: Documents 3 (WHITELOCK 16/1)
- Anonymous: Documents 3 (WHITELOCK 19)
- Anonymous: Documents 3 (WHITELOCK 20)
- Anonymous: Documents 3 (WHITELOCK 30)
- Anonymous: Widsith
- Anonymous: The Wife's Lament
- Anonymous: Laws (WILLIAM I)
- Anonymous: English Wycliffite Sermons (I/S16)
- Anonymous: English Wycliffite Sermons (I/S23)
- Anonymous: English Wycliffite Sermons (I/S28)
- Anonymous: English Wycliffite Sermons (I/S32)
- Anonymous: English Wycliffite Sermons (I/S36)
- Anonymous: English Wycliffite Sermons (I/S4)
- Anonymous: English Wycliffite Sermons (I/S43)
- Anonymous: West-Saxon Gospels
- Anonymous: The New Testament (Wycliffe)
- Anonymous: The Old Testament (Wycliffe)
- Anonymous: York Plays
- Armin, Robert: A Nest of Ninnies
- Ascham, Roger: The Scholemaster
- Aungier, Francis: Letter (to Lord Essex)
- Bacon, Francis: The Twoo Bookes of the Proficience and Advancement of Learning
- Barrington, John: Letters (to his mother)
- Barrington, Thomas: Letter (to his mother)
- Beaumont, Elizabeth: Letter (to her husband)
- Bedyll, Thomas: Letter (to Cromwell)
- Behn, Aphra: Oroonoko
- Betson, Thomas: Letter (to his bride) & Letters (to his mother-in-law)
- Blundevile, Thomas: A Briefe Description of the Tables of the Three Speciall Right Lines Belonging to a Circle
- Boyle, Robert: Electricity & Magnetism
- Brinsley, John: Ludus Literarius
- Burnet, Gilbert: The Reign of Charles the Second
- Burnet, Gilbert: Biography of the Earl of Rochester
- Byrhtferth: Byrhtferth's Manual
- Capel, Arthur: Letters (to the King)
- Capgrave, John: Capgrave's Chronicle
- Capgrave, John: Capgrave's Sermon
- Caxton, William: Prologues and Epilogues
- Caxton, William: The History of Reynard the Fox
- Cecil, Robert: Letters (to Sir Thomas Edmondes)
- Cecil, William: Letter (to the University of Cambridge)
- Cely, George: Letters (to his father)
- Cely, Richard: Letters (to his brother)
- Charles II: Letters (to Lord Essex)
- Chaucer, Geoffrey: A Treatise on the Astrolabe
- Chaucer, Geoffrey: Boethius
- Chaucer, Geoffrey: The Wife of Bath's Prologue
- Chaucer, Geoffrey: The Tale of Melibee
- Chaucer, Geoffrey: The Merchant's Tale
- Chaucer, Geoffrey: The Parson's Tale
- Chaucer, Geoffrey: The General Prologue to the Canterbury Tales
- Chaucer, Geoffrey: The Summoner's Tale
- Clowes, William: Treatise for the Artificiall Cure of Struma
- Colville, George: Boethius
- Conway, Edward: Letter (to Lord Buckingham)
- Coverte, Robert: A Trve and Almost Incredible Report of an Englishman
- Cromwell, Gregory: Letters (to his father)
- Cromwell, Thomas: Letter (to the Earl of Chester)
- Cumberland, Eleanor: Letter (to her husband)
- Cynewulf: Fates of Apostles
- Cynewulf: Elene
- Cynewulf: Juliana
- Deloney, Thomas: Jack of Newbury
- Edmondes, Thomas: Letter (to Sir Robert Cecil)
- Edward VI: The Diary of Edward VI
- Elizabeth I: Boethius
- Elizabeth I: Letter (to Sir Thomas Edmondes) & Letter (to Sir Robert Cecil)
- Elyot, Thomas: The Boke Named the Gouernour
- Evelyn, John: Diary of John Evelyn
- Everard, Joan: Letters (to her mother)
- Fabyan, Robert: The New Chronicles of England and France
- Farman: Rushworth Gospels
- Farquhar, George: The Beaux Stratagem
- Ferrar, Nicholas: Letter (to his mother)
- Ferrar, Richard: Letter (to his mother)
- Fiennes, Celia: My Great Journey to Newcastle and to Cornwall
- Fisher, John: Sermon (against Luther) & Sermon (on Good Friday)
- Fitzherbert, Anthony: The Book of Husbandry
- Fitzjames, Richard: Sermo Die Lune in Ebdomada Pasche
- Forman, Simon: Autobiography and Personal Diary of Dr. Simon Forman
- Fox, George: Journal of George Fox
- Fryer, John: A New Account of East India and Persia
- Gawdy, Philip: Letter (to his father)
- Gaytryge, Dan Jon: Dan Jon Gaytryge's Sermon
- Gifford, George: A Handbook on Witches and Witchcraft
- Gloucester, Robert: The Metrical Chronicle of Robert of Gloucester
- Gower, John: Confessio Amantis
- Haddock, Nicholas: Letter (to his father)
- Haddock, Richard Jr: Letter (to his father)
- Haddock, Richard Sr: Letters (to his wife) & Letters (to his son)
- Harley, Brilliana: Letters (to her husband)
- Harman, Thomas: A Caveat or Warening for Commen Cursetors Vulgarely Called Vagabones
- Hatton, Alice: Letters (to her father)
- Hatton, Anne: Letters (to her father)
- Hatton, Charles: Letter (to his wife)
- Hatton, Elizabeth: Letter (to her son)
- Hatton, Frances: Letter (to her husband)
- Hayward, John: Annals of the First Four Years of the Reign of Queen Elizabeth
- Henry V: Letters (to a Bishop) & Letter (to -)
- Henry V: Letter(s) (to Mayor of London)
- Henry VIII: Letter (to the Earl of Surrey) & Letter (to the citizens of London)
- Henry, Philip: Letter (to his wife)
- Hilton, Walter: Eight Chapters on Perfection
- Hoby, Margaret: Diary of Margaret Hoby
- Hooke, Robert: Micrographia
- Hooker, Richard: Sermon upon part of S. Judes Epistle (1) & Sermon upon part of S. Judes Epistle (2)
- Hoole, Charles: A New Discovery of the Old Art of Teaching Schoole
- Howard, Thomas: Letter (to the King)
- Kempe, Margery: The Book of Margery Kempe
- Knyvett, Thomas: Letters (to his wife)
- Langford, T.: Plain and Full Instructions to Raise All Sorts of Fruit-Trees That Prosper in England
- Latimer, Hugh: Sermon (on ploughers) & Sermon (before Edward VI)
- Layamon: Layamon's Brut
- Leland, John: Itinerary
- Locke, John: Directions Concerning Education
- Machyn, Henry: The Diary of Henry Machyn
- Madox, Richard: Diary of Richard Madox
- Malory, Thomas: Morte Darthur
- Mannyng, Robert: Handlyng Synne
- Markham, Gervase: Countrey Contentments
- Masham, Elizabeth: Letters (to her mother)
- Metham, John: Days of the Moon
- Metham, John: Physiognomy
- Michel, Dan: Ayenbite of Inwyt
- Middleton, Thomas: A Chaste Maid in Cheapside
- Milton, John: The History of Britain
- Mirk, John: Festial
- More, Thomas: Letter (to his wife) & Letters (to his daughter)
- More, Thomas: The History of King Richard III
- More, Thomas: Letters (to Cardinal Wolsey)
- Mowntayne, Thomas: The Autobiography of Thomas Mowntayne
- Mull, Thomas: Letter (to his brother-in-law) & Letter (to his relative)
- Norwich, Julian: Revelations of Divine Love
- Orm: The Ormulum
- Osborne, Thomas: Letters (to Lord Essex)
- Oxinden, Elizabeth: Letters (to her mother-in-law)
- Oxinden, Henry: Letters (to his wife)
- Oxinden, Katherine: Letter (to her son)
- Oxinden, Richard: Letters (to his son)
- Paston, Clement: Letters (to his brother)
- Paston, John: Letters (to his brother)
- Paston, Katherine: Letters (to her son)
- Paston, Margaret: Letters (to her husbard)
- Paston, William: Letters
- Paston, William: Letters (to his mother)
- Pepys, Samuel: Diary of Samuel Pepys
- Pettit, Valentine: Letters (to her son)
- Peyton, Mary: Letter (to her daughter)
- Pinney, Jane: Letter (to her daughter) & Letter (to her husband)
- Pinney, John: Letter (to his daughter)
- Plumpton, Agnes: Letters (to her husband)
- Plumpton, Dorothy: Letter (to her father)
- Plumpton, Isabel: Letter (to her husband)
- Plumpton, Robert: Letter (to his mother)
- Plumpton, William: Letters (to his father) & Letter (to his son)
- Preston, Viscount: Boethius
- Proud, Mary: Letter (to her mother)
- Purvey, John: The Prologue to the Bible
- Record, Robert: The Path-Way to Knowledg, Containing the First Principles of Geometrie
- Reynes, Robert: Commonplace Book (Tanner MS 407)
- Rolle, Richard: The Bee and the Stork
- Rolle, Richard: The Psalter or Psalms of David
- Rolle, Richard: Prose Treatises
- Roper, Margaret: Letters (to his father)
- Roper, William: The Lyfe of Sir Thomas Moore, Knighte
- Scrope, Katherine: Letter (to her father)
- Shakespeare, William: The Merry Wives of Windsor
- Shillingford, John: Document(s) (Shillingford)
- Shillingford, John: Letter (to his fellows)
- Smith, Henry: Two Sermons on "Of Usurie" (1) & Two Sermons on "Of Usurie" (2)
- Somers, John: Letter (to the King)
- Spencer, Robert: Letters (to the King's agent)
- Stevenson, William: Gammer Gvrtons Nedle
- Stonor, Elizabeth: Letters (to her husband)
- Stow, John: The Chronicles of England from Brute unto This Present Yeare of Christ
- Strype, John: Letters (to his mother)
- Taylor, Jeremy: The Marriage Ring
- Taylor, John: The Pennyles Pilgrimage
- Tillotson, John: Sermon on "The Folly of Scoffing at Religion" & Sermon on "Of the Tryall of the Spirits"
- Torkington, Richard: Ye Oldest Diarie of Englysshe Travell
- Trevisa, John: Polychronicon
- Tunstall, Cuthbert: Letter (to the King)
- Turner, William: Book of Wines
- Tyndale, William: The New Testament (Tyndale)
- Tyndale, William: The Old Testament (Tyndale)
- Udall, Nicholas: Roister Doister
- Usk, Thomas: Appeal(s), London
- Vanbrugh, John: The Relapse
- Vicary, Thomas: The Anatomie of the Bodie of Man
- Waerferth: Gregory the Great, Dialogues (MS C)
- Walton, Izaak: The Compleat Angler
- Wolsey, Thomas: Letter (to the King)
- Wulfstan: Wulfstan's 'Institutes of Polity'
- Wulfstan: Wulfstan's Homilies (10C)
- Wulfstan: Wulfstan's Homilies (12)
- Wulfstan: Wulfstan's Homilies (13)
- Wulfstan: Wulfstan's Homilies (17)
- Wulfstan: Wulfstan's Homilies (1B)
- Wulfstan: Wulfstan's Homilies (2)
- Wulfstan: Wulfstan's Homilies (20)
- Wulfstan: Wulfstan's Homilies (3)
- Wulfstan: Wulfstan's Homilies (8C)
page I,63
1
V. THE TRIAL OF SIR NICHOLAS THROCKMORTON
2KNIGHT, IN THE GUILDHALL OF LONDON, FOR HIGH-TREASON, THE
317TH OF APRIL, 1554. THE IST OF MARY.
4
5 The Commissioners appointed to try him were,
page I,63
column 1
6 Sir Thomas White Knight, Lord Mayor
7of London ;
8The Earle of Shrewesbury ;
9The Earle of Derby ;
10Sir Thomas Bromley Knyght, Lorde
11Chiefe Justice of Englande ;
12Sir Nicholas Hare Knyght, Mayster of the Rolles ;
13Sir Frauncis Englefielde Knight, Maister of the
14Courte of Wardes and Liberties;
column 2
15Sir Richard Southwell Knight, one of the
16Privy-Council;
17Sir Edward Walgrave Knight, one of the
18Privy-Council;
19Sir Roger Cholmeley Knight;
20Sir Wyllyam Porteman Knyght, one of the Justices
21of the King's Benche;
22Sir Edwarde Saunders Knight, one of the Justices
23of the Common Place;
page I,64
column 1
24Maister Stanford ,
25Maister Dyer , Sergeants;
26Maister Edward Griffin , Attourney-Generall;
27Maister Sendall ,
28Peter Tichbourne , Clerkes of the Crowne.
29 Firste, after Proclamation made, and the Commission
30red, the Lieutenant of the Tower , Master
31Tho. Bridges , brought the Prisoner to the Barre;
32then Silence was commaunded, and Sendall said to
33the Prisoner as foloweth:
34Sendall. Nicholas Throckmorton Knighte, hold vp
35thy hande, Thou art before this time indited of
36High Treason, &c. that thou then and there didst
37falsly and traiterously, &c. conspire and imagine
38the Death of the Queenes Majestie, &c. and falsly
39and traiterously didst leuie Warr againste the Queen
40within hir Realm, &c. and also thou wast adherente
41to the Queenes Enimies within hir Realm,
42giuing to them Ayde and Comfort, &c. and also
43falsly and trayterously didst conspire and intend
44to depose and deprive the Queen of hir Royal
45Estate, and so finally destroy hir, &c. and also
46thou didst falsly and traiterously deuise and conclude
47to take violently the Tower of London , &c.
48Of al which Treasons and euery of them in Manner
49and Forme, &c. art thou giltie or not giltie?
50Throckmorton. May it please you my Lords and
51Maisters, which be authorised by the Queenes
52Commission to be Judges this day, to giue me
53leaue to speake a fewe words, which doth both
54concerne you and me, before I aunswere to the Enditement,
55and not altogithers impertinente to the
56Matter, and then pleade to the Enditemente.
61Hare. You must firste aunswer to the Matter
62wherwith you are charged, and then you may talke
63at your pleasure.
68Throckmorton. My Lords, I pray you make not
69too much hast with me, neither thinke not long
70for your Diner, for my Case requireth leysure, and
71you haue well dined when you haue done Justice
72truely. Christ said, Blessed are they that hunger
73and thirste for Righteousnesse .
76Shrewsbury. Come you hither to checke us Throckmorton ;
77we will not be so used, no, no, I for my
78parte haue forborne my Breakfast, Dinner and
79Supper, to serve the Queene.
80Throckmorton. Yea, my good Lord, I know it
81right well; I meant not to touche your Lordship,
82for youre Service and Paines is euidently knowen
83to all Men.
84Southwell. M. Throckmorton , this Talke neede not,
85we know what we haue to do, and you would
86teach us our Duties; you hurt your Mater, go to!
87go to!
88Throckmorton. M. Southwell , you mistake me, I
89meant not to teach you, nor none of you, but to
90remember you of that I trust you all be well instructed
91in, and so I satisfie my selfe, since I shall
92not speake, thinking you all know what you haue
93to doe, or oughte to know, so I will aunswer to
column 2
94the Inditement, and do pleade not giltie to the
95whole, and to euery part thereof.
99Bromley. You shall be tried as the Law will,
100and therefore you must say by God and by the
101Countrey.
102Throckmorton. Is that your Law for me? it is
103not as I wold; but since you wil have it so, I am
104pleased with it, and do desire to be tried by faithful
105just Men, which more fear God than the World.
106
107 The Names of the Jurours.
108
109 Lucas. Lowe.
110Yong. Whetston.
111Martyn. Pointer.
112Beswike. Bankes.
113Bascafeeld. Calthrop.
114Kightley. Cater.
115
116 What time the Atturney went forthwith to
117Mr. Cholmley , and shewed him the Sheriffes Returne,
118who being acquainted with the Citizens,
119knowing the Corruptions and Dexterities of them
120in such Cases, noted certaine to be chalenged for
121the Q. (a rare case) and the same Men being
122knowen to be sufficient and indifferent, that no
123Exceptions were to be taken to them, but only
124for their upright Honesties, notwithstanding the
125Attorney prompting Sergeant Dier . The said Sergeant
126chalenged one Bacon , and another Citizen
127peremptorily for the Queen. Then the Prisoner
128demanded the cause of the Chalenge: the Sergeante
129aunswered, we neede not shew you the
130cause of the Chalenge for the Queen. Then the
131Inquest was furnished with other honest Men, that
132is to say, Whetstone and Lucas , so the Prisoner
133vsed these Words.
134Throckmorton. I trust you have not provided for
135me this Day, as in times past I knew another Gentleman
136occupying this woful place was prouided
137for. It chanced one of the Justices upon Jealousie
138of the Prisoner's acquitall, for the goodnesse of his
139Cause, said to another of his Companions a Justice,
140when the Jury did appeare, I like not this
141Jury for our purpose, they seeme to be too pitiful
142and too charitable to condemne the Prisoner. No,
143no, said the other Judge viz. Cholmley I warrant
144you, they be picked Fellowes for the nonce, he
145shall drink of the same Cup his Fellowes haue
146done. I was then a loker on of the Pageant as
147others be now here, but now wo is me, I am a
148Player in that woful Tragedie. Well, for these
149and such other like the black Oxe hath of late
150troden on some of their Feet, but my trust is, I
151shall not be so used. Whylest this Talke was,
152Cholmeley consulted with the Atturney aboute the
153Jury, which the Prisoner espied, and then sayde
154as heere ensueth, Ah, ah Maister Cholmely , will
155this foule packing neuer be left?
156Cholmely. Why what do I, I pray you, M. Throckmorton ?
157I did nothing, I am sure you do picke
158Quarrels to me.
161 The Jury then was sworne, and Proclamation
162made, that whosoeuer woulde giue Euidence againste
163Sir Nicholas Throckmorton Knight, shoulde
164come in and be heard, for the Prisoner stood upon
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165his Deliuerance: whereupon Sergeant Stanford presented
166hymself to speake.
167Throckmorton. And it may please you Maister Sergeante,
168and the others my Masters of the Quenes
169learned Counsell, like as I was minded to haue said
170a fewe Words to the Commissioners, if I mighte
171haue had leaue, for their better remembrance of
172their Dueties in this place of Justice, and concerning
173direct indifferency to be used towards me this
174Day; so by your Patience I do thinke good to say
175somewhat to you, and to the rest of the Quenes
176learned Counsell, appointed to giue Euidence againste
177mee. And albeit you and the rest by Order
178be appointed to gyue euidence againste mee, and
179enterteyned to sette forth the Depositions and Matter
180against me, yet I pray you remember I am not
181alienate from you, but that I am youre Christian
182Brother, neither you so charged, but you ought to
183consider Equitie, not yet so priuiledged, but that
184you haue a Duetie of God appoynted you how you
185shal do youre Office, whiche if you exceede, wil
186be greuously required at youre hands. It is lawfull
187for youryou to vse your Gifts, which I know God
188hathe largely giuen you, as youre Learning,
189Arte and Eloquence, so as thereby you do not
190seduce the Minds of the simple and unlearned
191Jury, to credite Matters otherwise than they be.
192For Maister Sergeant, I knowe howe by Perswasions,
193Enforcements, Presumptions, applying,
194implying, inferring, conjecturing, deducing of
195Arguments, wresting and exceeding the Law, the
196Circumstances, the Depositions and Confessions,
197that unlearned Men maye bee inchanted to thinke
198and judge those that bee things indifferente, or
199at the worst but ouersights, to be great Treasons;
200such power Orators haue, and such Ignorance
201the Unlearned haue. Almighty God by the
202Mouth of his Prophete, doth conclude such Advocates
203bee cursed, speaking these Words, Cursed
204bee hee that doth his office craftily, corruptly,
205and maliciously. And consider also, that my
206Bloud shall be required at your hands, and punished
207in you and yours, to the third and fourth
208Generation. Notwithstanding you and the Justices
209excuse always such erronious doings, when
210they be after called in question by the Verdict of
211the twelve Men; but I assure you, the Purgation
212serueth you as it did Pilate , and you washe
213your Handes of the Bloudshed, as Pilate did of
214Christs. And now to your matter.
215Stanford. And it please you, my Lords, I doubt
216not to proue euidently and manifestly, that Throckmorton
217is worthely and rightly indicted and araigned
218of these Treasons, and that he was a
219principall deuiser, procurer and contriver of the
220late Rebellion, and that Wyat was but his Minister.
221How say you, Throckmorton , dyd not you send
222Winter to Wyat into Kent , and did deuise that
223the Tower of London shoulde be taken, with other
224Instructions concernyng Wyat's Sturre and
225Rebellion?
226Throckmorton. May it please you that I shall
227aunswer particularly to the matters objected
228against me, in as muche as my Memorie is not
229good, and the same much decayed since my greeuous
230Emprisonment, with want of Sleep, and other
231Disquietnesse: I confesse I did say to Winter ,
232that Wyat was desirous to speake with him, as I
233understoode.
234Stanford. Yea Sir, and you deuised togither of
235the taking of the Tower of London , and of the
236other great Treasons.
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242 Stanford red Winter's Confession, whyche was
243of this effect; That Throckmorton mette with Winter
244one Day in Tower-street , and told him, that
245Sir Thomas Wyat was desirous to speak with him,
246and Winter demanded where Wyat was: Throckmorton
247aunswered, at his House in Kente , not farre
248from Gillingham , as I heard say, where the Shyps
249lye. Then they parted at that time, and shortly
250after Throckmorton met with Winter , vnto whome
251Winter sayd, Maister Wyat dothe much mislike
252the comming of the Spanyardes into this Realme,
253and feareth their short arriuall here, in as much
254as dayly he heareth thereof; dothe see daily diuers
255of them arrive heere, scattered like Soldyers; and
256therefore he thinketh good the Tower of London
257should be taken by a sleighte, before the Prince
258came, least that peece be deliuered to the Spanyardes .
259How say you Throckmorton to it? Throckmorton
260aunswered, I mislike it for diuers respects;
261euen so do I, sayde Winter . At another tyme
262Throckmorton mette me the sayd Winter in Poules ,
263when hee had sent one to my House to seeke me
264before; and he said to me, you are Admiral of
265the Fleet that now goeth into Spayne . I aunswered
266yea. Throckmorton saide, when will your
267Shippes be ready? I saide, within tenne Dayes.
268Throckmorton sayde, I vnderstand you are appointed
269to conduct and carrie the Lord Priuie
270Seale into Spaine ; and considring the Daunger
271of the Frenchmen , which you say arme them to the
272Sea apace, me thinke it well done, you put my
273sayde Lorde and his Traine on Lande in the West
274Country to avoyde all Daungers. Throckmorton
275saide also, that Wyat changed his purpose, for
276taking the Tower of London ; I said I was glad
277of it: and as for the Frenchmen , I care not much
278for them, I will so handle the matter, that the
279Queenes shippes shall bee I warrante you in safegard.
280Another time I met with M. Throckmorton
281when I came from the Emperours Ambassadors,
282vnto whome I declared, that the Emperour had
283sent me a fayre Cheyne, and shewed it unto
284Throckmorton , who said, for this Cheyne you haue
285sold your Country. I saide, it is neyther French
286King nor Emperoure that can make me sell my
287Country, but I will be a true Englishman : then
288they parted. This is the summe of the Talke betwixt
289Throckmorton and Winter .
290Stanford. Now my Masters of the Jury, you
291haue heard my Sayings confirmed with Winter's
292Confession: how say you Throckmorton , can you
293denie it? if you will, you shall haue Winter justifie
294it to your Face.
298Throckmorton. I may truly denye some part of
299this Confession; but bycause there is nothing material
300greatly, I suppose the whole to be true, and
301what is herein deposed, sufficiente to bring me
302within the compas of the Enditement.
303Stanford. It appeareth that you were of Counsel
304with Wyat , in as much as you sente Winter
305downe to him, who uttered unto him diuers traitorous
306Deuises.
307Throckmorton. This is but conjectural; yet sithence
308you will construe so maliciously, I will recompte
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309how I sent Winter to Wyat : and then I pray you
310of the Jury, judge better than Maister Sergeante
311doth. I met by chance a Seruant of Maister
312Wyat's , who demanded of me for Winter , and
313shewed mee, that his Maister woulde gladly speake
314with him; and so without any further Declaration,
315desired me, if I met Winter , to tel him Maister
316Wyat's mind, and where he was. Thus much for
317the sending downe of Winter .
320Throckmorton. I aunswere, though Wyat thought
321meete to attempt so daungerous and Enterprise,
322and that Winter enformed me of it, you cannot
323extende Wyat's Deuises to be mine, and to bring
324me within the compass of Treason; for what
325maner of reasoning or proofe is this, Wyat woulde
326haue taken the Tower, ergo Throckmorton is a
327Traitor? Winter doth make my Purgation in his
328owne Confession, euen now redde as it was by
329Maister Sergeante, though I say nothing; for
330Winter doth auowe there, that I did much mislike
331it. And because you shall the better understand
332that I did alwayes not alow these Master Wyat's
333Deuises, I had these Words to Winter , when he
334enformed me of it; I think M. Wyat would no
335Englishman hurt, and this Enterprise cannot be
336done without the hurt and slaughter of both Parties;
337for I know him that hath the Charge of
338the Peece, and his Brother, both Men of good
339Seruice; the one had in charge a piece of great
340Importance, Bolloyne I meane, which was stoutly
341assayled, and notwithstanding he made a goode
342accompt of it for his time, that like I am sure he
343will do by this his Charge. Moreouer, to accompte
344the taking of the Tower is uery dangerous by the
345Law. These were my Wordes to Winter . And
346besides, it is very unlike, that I of all Men woulde
347confederate in such a matter against the Lieutenant
348of the Tower , whose Daughter my Brother hath
349married, and his House and mine alyed together
350by Mariage sundry times within these few
351Yeres.
352Hare. But how say you to this, that Wyat and
353you had Conference togither sundry times at Warner's
354House, and in other places?
355Throckmorton. This is a very general Charge, to
356haue Conference; but why was it not as lawful
357for me to confer with Wyat , as with you, or
358any other Man? I then knew no more by
359Wyat , than by any other; and to proue to
360talke with Wyat was lawful and indifferent, the
361last Day I did talke with Wyat , I sawe my Lord
362of Arondel , with other noble Men and Gentlemen,
363talke with him familiarly in the Chamber of
364Presence.
365Hare. But they did not conspire nor talke of
366any stur against the Spanyards as you did pretend,
367and meant it against the Queen; for you, Croftes ,
368Rogers and Warner , did oftentimes deuise in Warner's
369House aboute youre traiterous purposes, or
370else what did you so often there?
371Throckmorton. I confess I did mislike the Queenes
372Mariage with Spain , and also the comming of the
373Spanyards hither: and then me thought I had reason
374to doe so, for I did learne the Reasons of my
375misliking of you M. Hare , M. Southwell , and others
376in the Parliament House; there I did see the
377whole Consent of the Realm against it; and I a
378Hearer, but no Speaker, did learne my misliking
379of those Matters, confirmed by many sundry Reasons
380amongst you: but as concerning any sturre or
column 2
381vprore against the Spanyards , I neuer made any,
382neyther procured any to be made; and for my
383much resort to M. Warner's House, it was not to
384conferre with M. Wyat , but to shew my Friendship
385to my very good Lord the Marques of Northampton ,
386who was lodged there when he was
387enlarged.
388Stanford. Did not you, Throckmorton , tell Winter
389that Wyat had changed his Mind for the taking
390of the Tower ; whereby it appeared euidently that
391you knew of his doings?
392Throckmorton. Truly I did not tell him so, but
393I care not greately to giue you that Weapon to
394play you withal: now let us see what you can
395make of it?
396Stanford. Yea, Sir, that proueth that you were
397priuie to Wyat's Mind in all his Deuises and Treasons,
398and that there was sending betwixt you and
399Wyat from time to time.
400Throckmorton. What M. Sergeant, doth this proue
401against me, that I knew Wyat did repent him of
402an euil deuised Enterprise? Is it to know Wyat's
403Repentance, Sinne? No, it is but a Venial Sinne;
404if it be any, it is not deadly. But where is the
405Messenger or Message that Wyat sent to me touching
406his Alteration? and yet it was lawful ynough
407for me to heare from Wyat at that time, as from
408any other Man, for any acte that I knew he had
409done.
410Dyer. And it may please you, my Lordes, and
411you my Maisters of the Jurie, to prove that Throckmorton
412is a principal doer in this Rebellion, there
413is yet many other things to be declared: amongst
414other, there is Croftes Confession, who sayeth, that
415he and you and your Accomplices, did manye
416times deuise aboute the whole Matters, and hee
417made you priuie to all his Determinations, and
418you shewed him that you woulde goe into the
419West Countrey with the Earle of Deuon , to Sir
420Peter Caroe , accompanyed with others.
421Throckmorton. M. Croftes is yet liuing, and is
422here this day; how hapneth it he is not brought
423Face to Face to justifie this matter, neither hathe
424bin of all this time? Will you knowe the Trueth?
425either he sayd not so, or he wil not abide by it,
426but honestly hath reformed himself. And as for
427knowing his Deuises, I was so well acquainted
428with them, that I can name none of them, nor
429you neyther, as matter knowen to mee.
430Attourney. But why did you aduise Winter to
431land my Lord Priuie Seale in the West
432Countrey?
433Throckmorton. He that told you that my mind
434was to land him there, doth partly tel you a reason
435why I said so, if you would remember as well the
436one as the other; but because you are so forgetful,
437I will recite wherefore: In communication
438betwixt Winter and me, as he declared to me that
439the Spanyards provided to bring their Prince hither,
440so the Frenchmen prepared to interrupt his
441Arrival, for they began to arme to the Sea, and had
442already certain Shippes on the West Cost, (as he
443heard) unto whom I saide, that peraduenture
444not onely the Queenes Shippes under his Charge
445might be in jeopardy, but also my Lorde Priuie
446Seale, and all his Trayne, the Frenchmen beeing
447wel prepared to meete with them; and therefore
448for all Euents it were good you should put
449my said Lord in the West Countrey, in case you
450espie any jeoperdie. But what doth this proue to
451the Treasons, if I were not able to giue conuenient
452Reasons to my talke?
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453Stanford. Mary Sir, now commeth the Proofes
454of youre Treasons: you shal heare what Cutbert
455Vaughan sayth against you.
456 Then Sergeant Stanford did reade Vaughan's
457Confession, tending to this effect, That Vaughan
458comming out of Kent , met with Throckmorton at
459M. Warner's House, who after he had don Commendations
460from Wyat to him, desired to know
461where Crofts was; Throckmorton answered, either
462at Arundel House where he lodgeth, or in Poules .
463Then Vaughan desired to know howe thyngs went
464at London saying, M. Wyat and wee of Kent do
465much mislike the Mariage with Spaine , and the
466comming of the Spanyardes for diuers respectes;
467howbeit, if other Countries mislike them as Kent
468doth, they shall be but hardly welcome: and so
469they parted. Shortly after Throckmorton met with
470Vaughan in Poules , unto whome Throckmorton declared
471with sundry Circumstances, that the Western
472Men were in readinesse to come forwards; and
473that Sir Peter Caroe had sent unto him euen now,
474and that he had in order a good Band of Horsemen,
475and an other of Footemen. Then Vaughan
476demanded what the Erle of Devon would do;
477Throckmorton answered he will marre all, for he
478will not go hence; and yet Sir Peter Caroe wold
479mete him with a Band both of Horsemen and
480Footemen, by the way of Andeuer , for his Safeguard;
481and also he should haue bin well accompanyed
482from hence with other Gentlemen, yet all this
483wyl not moue him to departe hence. Moreouer,
484the said Erle hath, as is said, discovered al the
485whole matter to the Chancellor, or else it is
486comen out by his Taylor, aboute the trimming
487of a Shirte of Mayle, and the making of a Cloke.
488At another time, Vaughan saith, Throckmorton shewed
489him, that he had sent a Poste to Sir Peter Caroe
490to come forwarde with as muche speede as might
491be, and to bring his force with him. And also
492Throckmorton advised Vaughan to will M. Wyat
493come forward with his Power, for nowe was the
494time, in as much as the Londoners would take his
495part, if the matter were presented unto them.
496Vaughan said also, that Throckmorton and Warner
497should haue ridden with the said Erle Westward.
498Moreouer, the said Vaughan deposed, that Throckmorton
499shewed him in talke of the Erle of Pembroke ,
500that the said Earle woulde not fight against
501them, though hee woulde not take their partes.
502Also Vaughan said, That Throckmorton shewed hym
503that he would ride downe to Barkeshire to Sir
504Francis Englefield's House, there to meete his eldest
505Brother, to moue him to take his part. And
506this was the Summe of Cutbert Vaughan's
507Confession.
508Stanford. How say you, doth not heere appeare
509euident matter to proue you a Principal, who
510not onely gaue order to Sir Peter Caroe and his
511Adherents, for their rebellious actes in the West
512Countrey; but also procured Wyat to make his
513Rebellion, appointing him and the others also,
514when they should attempt their Enterprise, and
515how they should order their doings from time to
516time? Besides all this euident Matter, you were
517specially appointed to go away with the Earle of
518Devon , as one that would direct all thinges, and
519giue order to all Men; and therefore Throckmorton ,
520since this matter is so manifest, and the euidence
521so apparent, I would aduise you to confesse
522your fault, and submit your selfe to the Queenes
523Mercy.
column 2
526Throckmorton. No, I will neuer accuse my selfe
527unjustly; but in as muche as I am come hither to
528bee tried, I pray you let me haue the Law
529favourably.
530Attourney. It is apparent that you lay at London
531as a Factor, to giue Intelligence as well to
532them in the West, as to Wyat in Kent .
535Attourney. Why, will you denie this matter? you
536shall haue Vaughan justifie his whole Confession
537here before your Face.
538Throckmorton. It shal not neede, I know his
539unshamefastnes, he hath aduowed some of this
540vntrue talk before this tyme to my Face; and it
541is not otherwise like, considering the price, but
542he wil do the same again.
543Attourney. My Lords and Maisters, you shall
544haue Vaughan to justifie this heere before you all,
545and confirm it with a Booke Oth.
546Throckmorton. He that hath said and lyed, will
547not, being in this case, sticke to swear and lye.
548
549 Then was Cutbert Vaughan brought into the open
550Court .
551
552Sendall. How say you, Cutbert Vaughan , is this
553your own Confession, and wil you abide by all
554that is here written?
557Attourney. Bycause you of the Jury the better
558may credite him, I pray you my Lords let
559Vaughan be sworn.
560
561 Then was Vaughan sworne on a Booke to say nothing
562but the Truth .
563
564Vaughan. It may please you my Lords and
565Maisters, I could haue bin well content to haue
566chose seauen Yeres Imprisonment, though I had
567bin a free Man in the Law, rather than I would
568this Day haue gyuen Euidence against Sir Nicholas
569Throckmorton , vnto whome I bear no displeasure;
570but sithence I must needes confesse my
571Knowledge, I must confesse all that is there written
572is true. How say you M. Throckmorton , was
573there any displeasure betwene you and me, to
574moue me to say aught against you?
575Throckmorton. Not, that I know: how say you
576Vaughan , what Acquaintance was there between
577you and me, and what Letters of Credit, or
578Token did you bring me from Wyat , or any other
579to moue me to trust you?
580Vaughan. As for Acquaintance, I knew you as
581I did other Gentlemen; and as for Letters, I
582brought you none other but Commendations from
583M. Wyat , as I did to diuers other of his Acquaintance
584at London .
585Throckmorton. You might as well forge the Commendations
586as the rest; but if you haue done
587with Vaughan , my Lords, I pray you giue me
588leaue to aunswere.
590Throckmorton. I speak generally to all that be
591heere present, but especially to you of my Jury,
592touching the Credit of Vaughan's Depositions against
593me, a condemned Man; and after to the
594Matter: and note I pray you the Circumstances,
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595the better to induce somewhat material. First
596I pray you remember the small Familiaritie betwixt
597Vaughan and me, as he hathe auowed before
598you. And moreouer, to procure Credite at my
599hand, he brought neither Letter nor Token from
600Wyat , nor from any other to me, which he also
601hath confessed here, and I will suppose Vaughan
602to be in as good Condition as any other Man
603here, that is to say, an uncondemn'd Man; yet I
604referre it to your good Judgment, whether it were
605lyke that I knowing onely Vaughan's Person from
606another Man, and having none other Acquaintance
607with him, would so frankly discouer my
608mind to him in so dangerous a matter. How
609like, I say, is this, when diuers of these Gentlemen
610now in Captiuitie, being my very Familiars,
611coulde not depose any such matter against me,
612and neuertheless vpon their Examinations haue
613said what they could? And thogh I be no wise
614Man, I am not so rash to vtter to an unknowen
615Man (for so may I call him in comparison) a
616matter so dangerous for me to speake, and him
617to heare; but bycause my Trueth and his Falsehood
618shall the better appear unto you, I will declare
619his Inconstancy in vttering this his Euidence;
620and for my better Credite, it may please
621you, M. Southwell , I take you to witnes, when
622Vaughan first justified this his unjust Accusation
623against me before the L. Paget , the L. Chamberlaine,
624you M. Southwell , and others, he referred
625the Confirmation of this surmised matter to a
626Letter sent from him to Sir Thomas Wyat ; which
627Letter doth neither appeare, nor any Testimony
628of the said M. Wyat against mee touching the
629matter: for I doubte not Sir Thomas Wyat hath
630bin examin'd of me, and hathe sayde what he
631could directly or indirectly. Also Vaughan saith,
632that yong Edward Wyat coulde confirme this matter,
633as one that knew this pretended Discourse
634betwixt Vaughan and me; and thereupon I made
635sute that Edward Wyat might either be brought
636face to face to me, or otherwise be examined.
637Southwell. M. Throckmorton , you mistake your
638matter, for Vaughan said, that Edward Wyat did
639know some part of the matter, and also was priuie
640to the Letter that Vaughan sent to Sir Thomas Wyat .
641Throckmorton. Yea, Sir, that was Vaughan's last
642shift, when I charged him before the Master of
643the Horse, and you with his former Allegations
644touching his witnes; whom when hee espyed,
645woulde not do so lewdly as hee thought, then
646he vsed this Alteration: but where is Edward
647Wyat's Depositions of any thing against me, now
648it appeareth neither his firste nor his last Tale
649to be true? For you knowe, M. Bridges , and so
650doth my Lord your Brother, that I desired twice
651or thrice Edward Wyat shuld be examined; and I
652am sure, and most assured, he hathe bin willed to
653say what he could, and here is nothing deposed
654by him against me, eyther touching any Letter
655or other Conference; or where is Vaughan's Letter
656sent by Sir Thomas Wyat concerning my
657Talke?
658 But now I will speake of Vaughan's present
659Estate, in that he is a condemned Man, whose
660Testimonie is nothing worthe by any Lawe; and
661bycause false Witnes be mentioned in the Gospel,
662treating of Accusation, hearke I pray you what
663S. Jerome sayeth, expounding the place: it is demanded
664why Christes accusers be called false Witnesses,
665which did report Christ's Words not as
666he spake them; they be false witnesses saith S. Jerome ,
column 2
667which do ad, alter, wrest, double, or do
668speake for hope to auoid Death, or for malice to
669procure another Man's Death: for all Men may
670easily gather he cannot speake truely of me, or
671in the case of another Man's Life, where he hath
672hope of his owne by Accusation. Thus much
673speaketh S. Jerome of false Witnes. By the ciuil
674Law there be many Exceptions to be taken agaynst
675such Testimonies; but bycause we be not
676gouerned by that Law, neither I haue my Trial by
677it, it shal be superfluous to trouble you therewith,
678and therefore you shall heare what your
679owne Lawe doth say. There was a Statute made
680in my late Soueraigne Lord and Maister his time,
681touching Accusation, and these be the Words:
682 Be it enacted, That no Person nor Persons, &c.
683shall be indited, araigned, condemned, or conuicted
684for any Offence of Treason, Petit Treason,
685Misprision of Treason, for which the same Offendor
686shal suffer any Paynes of Death, Imprisonment,
687Losse or Forfeyture of his Goodes, Lands,
688&c. vnlesse the same Offendor be accused by two
689sufficient and lawful Witnesses, or shall willingly
690without Violence confesse the same. And also in
691the sixth Yere of his Raigne, it is thus ratified
692as ensueth:
693 That no Person nor Persons shall bee indited,
694araigned, condemned, conuicted or attainted of
695the Treasons or Offences aforesaide, or for anye
696other Treasons that now bee, or hereafter shall
697be, unlesse the same Offendor or Offendors be
698thereof accused by two lawfull and sufficient Accusers;
699whiche at the time of Araignement of
700the Parties so accused (if they be then liuing)
701shall be brought in Person before the said Partie
702accused, and auowe and mainteine that they haue
703to say againste the saide Partie, to proue him
704giltie of the Treasons or Offence conteined in
705the Byll of Inditement layd agaynst the Partie
706araigned, vnlesse the sayd Partie araigned shall
707be willing without Violence to confesse the same.
708 Here note I pray you, that our Lawe dothe
709require two lawfull and sufficient Accusers to be
710brought face to face, and Vaughan is but one, and
711the same most vnlawfull and insufficient; for
712who can be more unlawful and insufficient than a
713condemned Man, and suche one as knoweth to
714accuse mee is the meane to saue his owne Lyfe?
715Remember, I pray you, howe long and how many
716times Vaughan's Execution hathe bin respited,
717and how often hee hathe bin conjured to accuse,
718(whych by Goddes Grace hee withstoode vntill
719the last Houre) what time perceyuing there was
720no way to liue, but to speake againste mee or
721some other (his former Grace beeyng taken away)
722did redeeme his Lyfe most unjustly and
723shamefully, as you see.
724Hare. Why shoulde he accuse you more than
725any other, seeyng there was no displeasure betwixte
726you, if the matter had not bin true?
727Throckmorton. Bycause he must eyther speake of
728some Man, or suffer Deathe; and then he did rather
729choose to hurte him he did least know, and so
730loued least, than any other well knowen to him,
731whome he loued most. But to you of my Jury
732I speake specially, and therefore I pray you note
733what I say: In a matter of lesse weight than Trial
734of Life and Lande, a Man may by the Law take
735Exceptions to suche as be impaneld, to trie the
736Controuersies betwixt the Parties: as for example,
737a Man may chalenge that the Sheriffe is hys
738Enemie, and therefore hathe made a parciall Returne,
page I,69
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739or bycause one of the Jury is the Sheriffe
740my Aduersaries Seruante; and also in case my
741Aduersaries Villaine or Bondman be empanelled,
742I may lawfully chalenge him, bycause the Aduersarie
743parte hathe power ouer hys Villayne's Landes
744and Goodes, and hathe the vse of hys Bodye for
745seruile Office: muche more I may of right take
746Exception to Vaughan's Testimonie, my Lyfe and
747all that I haue depending therevppon; and the
748same Vaughan beeyng more bounde to the Queenes
749Highnesse, my Aduersarie (that wo is me therefore,
750but so the Lawe dothe here so tearme hyr
751Majestie) than anye Villayne is to hys Lord; for
752hir Hyghnesse hath not onely Power ouer hys
753Bodye, Lands, and Goodes, but ouer his Lyfe also.
754Stanford. Yea, the Exceptions are to be taken
755agaynste the Jury in that case; but not agaynst the
756Witnes or Accusor, and therefore youre Argument
757serueth little for you.
758Throckmorton. That is not so, for the vse of the Jurie,
759and the Witnes, and the Effect of their doings
760doth serue me to my purpose, as the Law shall discusse.
761And thus I make my Comparison: By the
762Ciuil Law the Judge doth giue Sentence upon the
763Depositions of the Witnes, and by your Law the
764Judge doth giue Judgement upon the Verdict of
765the Jury, so as the effect is both one to finish the
766matter, Trial in Law, as well by the Depositions
767of the Witnes, as by the Juries Verdict, though
768they varie in Forme and Circumstance; and so
769Vaughan's Testimonie being credited, may be the
770material Cause of my Condemnation, as the Jury
771may be induced by his Depositions to speak their
772Verdict, and so finally therevpon the Judge to giue
773Sentence. Therefore I may use the same Exceptions
774against the Jury, or any of them, as the principal
775mean, that shall occasion my Condemnation.
778Attourney. You may see he will denie all, and
779say there was no such Communication betwixt
780them.
781Throckmorton. I confesse some part of Vaughan's
782Confession to be true, as the Name, the Places,
783the Time, and some part of the Matter.
786Throckmorton. As touching my sending to Sir Peter
787Caroe , or his sending to me, or concerning
788my Aduice to M. Wyat to sturre, or to repaire
789hither, or touchyng the Earl of Deuon parting
790hence, and my going with him, and also concerning
791the matter of the Earle of Pembroke , I
792do aduow and say that Vaughan hath said untruely.
793Southwell. As for my Lord of Pembroke , you
794neede not excuse the matter, for he hath shewed
795himselfe cleere in these matters like a Nobleman,
796and that we all know.
797Hare. Why what was the talke betwixt
798Vaughan and you so long in Poules , if these were
799not so, and what meant your oft Meetings?
800Throckmorton. As for our often Meetings, they
801were of no set purpose, but by chance, and yet no
802oftner than twice; but sithence you would know
803what Communication passed betwixt us in Poules
804Church, I will declare. We talked of the Incommodities
805of the Marriage of the Queene with
806the Prince of Spayne , and grieuous the Spanyards
807would be to vs here. Vaughan said, that
808it should be very dangerous for any Man that
809truly professed the Gospel to liue here, such was
810the Spanyards Crueltie, and especially against
column 2
811Christian Men. Whereunto I answered, it was
812the Plague of God come justly vpon vs; and
813now Almighty God dealt with vs, as he did
814with the Israelites , taking from them for their
815vnthankefulnes their Godly Kings, and did send
816Tirants to raign over them; even so he handled
817us Englishmen , whiche hadde a most godly
818and vertuous Prince to raigne ouer vs, my late
819Soueraigne Lord and Maister King Edwarde ,
820vnder whome we might both safely and lawfully
821professe Gods Word; which with our lewd doyngs,
822demeanour, and liuing, we handled so irreuerently,
823that to whip vs for our Faultes, he
824woulde send vs Straungers, yea such very Tyrants
825to exercise great Tyrannie ouer vs, and
826did take away the vertuous and faithfull King
827from amongst us; for euery Man of euery Estate
828did colour his naughty Affections with a pretence
829of Religion, and made the Gospell a staulking
830Horse to bring their euil desires to effect. This
831was the Summe of our talke in Poules , somewhat
832more dilated.
833Stanford. That it may appeare yet more euidently
834howe Throckmorton was a principal Doer and
835Counsellor in this matter, you shall heare his owne
836Confession of his own hand writing.
837did begin to reade; Throckmorton desired M. Stanford
838to read it, and the Jury well to marke it.
839Then M. Stanford did read the Prisoner's own
840Confession to this effect, that Throckmorton had
841Conference with Wyat, Caroe, Croftes, Rogers and
842Warner , as well of the Queenes Mariage with the
843Prince of Spayne , as also of Religion, and did particularly
844confer with euery the forenamed of the
845matters aforesaid. Moreouer, with Sir Thomas
846Wyat , the Prisoner talked of the bruite, that the
847Western Men should much mislike the comming of
848the Spanyards into this Realme, beeing reported also
849that they intended to interrupt theyr arriual here.
850And also that it was said, that they wer in consultation
851about the same at Exeter . Wyat also did say,
852that Sir Peter Caroe could not bring the same matter
853to good effect, nor was there any Man so
854mete to bring it to good effect, as the Erle of
855Devon ; and especially in the West Country, in as
856much as they did not draw al by one line. Then
857Throckmorton ask'd how the Kentishmen were affected
858to the Spanyards ? Wyat said, the People
859like them euill ynough, and that appeared now at
860the comming of the Count Egmont , for they were
861ready to sturre against him and his Traine, supposing
862it had bin the Prince; but said Wyat ,
863Sir Robert Southwel , M. Baker , and M. Moyle , and
864their Affinitie, which bee in good Credite in some
865places of the Shire, wil for other malicious Respects
866hinder the Libertie of their Country.
867Then Throckmorton shuld say, though I know ther
868hath bin an vnkindnesse betwixt M. Southwell and
869you for a Money matter, wherein I trauelled to
870make you Friends, I doubt not, but in so honest
871a matter as this is, he will for the safegard
872of his Country joyne with you, and so you
873may be sure of the Lord Burgainey and his Force.
874Then Wyat said, it is for another matter than
875for Money that we disagree, wherein he hath
876handled me and others very doubly and vnneighbourly;
877howbeit he can do no other, neither to
878me, nor to anye other Man, and therefore I forgiue
879him. Item , with Sir Peter Caroe, Throckmorton
880had Conference touching the Impeachment of
881the landing of the said Prince, and touchyng
882Prouision of Armour and Munition, as ensueth;
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883that is to say, that Sir Peter Caroe told Throckmorton ,
884that he trusted his Countrymen would be
885true Englishmen , and would not agree to let the
886Spanyards to gouerne them. Item , the said Sir
887Peter Caroe sayd, the matter importing the French
888King as it did, he thought the French King would
889work to hinder the Spanyards coming hither, with
890whome the said Sir Peter dyd thinke good to
891practise for Armour, Municions and Money.
892Then Throckmorton did advise him to beware
893that he brought any Frenchmen into the Realme
894forceably, in as much as he could as euill
895abyde the Frenchmen after that sort as the Spanyards .
896And also Throckmorton thought the French
897King vnable to giue aide to vs, by meanes of the
898great Consumption in their own Warres. M. Caroe
899said, as touching the bringing in of Frenchmen ,
900he meant it not, for he loued neither Partie, but
901to serue his own Countrey, and to help his Countrey
902from Bondage; declaring further to Throckmorton ,
903that he had a small Barke of his owne to
904worke his practise by; and so he said, that
905shortely he intended to depart to his own Countrey
906to vnderstand the Deuotion of his Countrymen.
907Item, Throckmorton did say, he would for his
908part hinder the comming in of the Spaniards as
909much as he could by Perswasion. Item , to Sir
910Edward Warner , he had and did bemone his owne
911Estate, and the Tyrannie of the tyme extended
912upon dyuers honest Persons for Religion, and
913wished it were lawfull for all of each Religion
914to liue safely according to their Conscience; for
915the Law ( Ex officio ) will be intolerable, and the
916Cleargies discipline now may rather be resembled
917to the Turks Tyrannie, than to the teaching
918of Christian Religion. This was the Summe of
919the matter, whiche was red in the foresaid Confession,
920as matters most grieuous against the Prisoner.
921Then Throckmorton said, sithence M. Sergeante
922you haue red and gathered the place as
923you think, that maketh most against me, I pray
924you take the Paynes, and reade further, that
925hereafter whatsoeuer become of me, my Words
926be not peruerted and abused to the hurt of som
927others, and especially against the great Personages,
928of whome I haue bin sundry times (as
929appeareth by my Answers) examined; for I perceiue
930the Net was not cast only for little Fishes,
931but for the great ones, juxta adagium .
932Stanford. It shall be but losse of tyme, and we
933haue other things to charge you withall, and this
934that you desire doth make nothing for you.
935Dyer. And for the better Confirmation of al the
936Treasons objected against the Prisoner, and therein
937to proue him giltie, you of the Jury shall heare
938the Duke of Suffolkes Depositions against him, who
939was a Principal, and hath suffered accordingly.
940 Then the said Sergeant red the Dukes Confession
941touching the Prisoner, amounting to this effect;
942That the Lord Thomas Grey did informe the said
943Duke, that Sir Nicholas Throckmorton was privie to
944the whole Deuises againste the Spanyardes , and
945was one that shoulde goe into the West-Country
946with the Earle of Deuonshire .
947Throckmorton. But what doth the principall Author
948of thys matter say against me, I mean the
949Lord Thomas Grey , who is yet liuing? Why is not
950his Deposition brought against me, for so it ought
951to bee, if he can say any thing? Will you know
952the Trueth? Neyther the Lord Thomas Grey hath
953sayd, can say, or wil say any thing against me,
954notwithstanding the Duke his Brothers Confession
column 2
955and Accusation, who hathe affirmed manye other
956things besides the Trueth. I speake not without
957certaine knowledge: for the Lord Thomas Grey ,
958being my Prison-Fellow for a small time, informed
959me, that the Duke his Brother had misreported
960him in many things, amongst others in matters
961touching me, which he had declared to you Mr.
962Southwell , and other the Examinors not long ago.
963I am sure if the Lord Thomas could or would haue
964said any thing, it should haue bin here now: And
965as to the Dukes Confession, it is not material, for
966he doth referre the matter to the Lord Thomas's
967Report, who hath made my Purgation.
968Attorney. And it please you my Lordes, and
969you my Maisters of the Jury, besides these matters
970touching Wyats Rebellion, Sir Peter Caroes
971Treasons, and confederating with the Duke of
972Suffolke ; and besides the Prisoners Conspiracie
973with the Earle of Deuon , with Crofts, Rogers, Warner ,
974and sundry others in sundrye Places, it shall
975manifestly appeare vnto you, that Throckmorton
976did conspire the Queens Majesties Death with
977William Thomas , Sir Nicholas Arnold , and other
978Traitors intending the same; which is the greatest
979matter of all others, and most to be abhorred;
980and for the Proofe hereof you shall heare what Arnold
981sayth. Then was Sir Nicholas Arnold's Confession
982redde, affirming that Throckmorton shewed
983vnto him, riding betwixt Hinam and Crosse Laund
984in Glocestershire , that John Fitz-williams was verye
985much displeased with William Thomas .
986Attorney. William Thomas devised, that John
987Fitzwilliams should kyll the Quene; and Throckmorton
988knew of it, as appeareth by Arnold's
989Confession.
990Throckmorton. First I denie that I saide anye
991suche thing to Mr. Arnold ; and though he be an
992honest Man, he may either forget himself, or deuise
993meanes how to vnburthen himselfe of so
994weightie a matter as this is; for he is charged
995with the mater as principal, which I did perceiue
996when he charged mee with his Tale; and
997therefore I do blame him the lesse, that he seeketh
998how to discharge himself, vsing me as a witnes,
999if he could so transferre the Deuice to William Thomas .
1000But truely, I neuer spake anye suche wordes
1001vnto him; and for my better Declaration, I did
1002see John Fitzwilliams here euen now, who can testifie,
1003that he neuer shewed me of any Displeasure
1004betwixt them: and as I know nothing of
1005the Displeasure betwixt them, so I know nothing
1006of the Cause. I pray you, my Lordes, let him
1007bee called to depose in thys matter what hee can.
1008Then John Fitzwilliams drew to the Barre, and presented
1009himselfe to depose his knowledg in the matter
1010in open Court.
1011Attorney. I pray you, my Lordes, suffer him
1012not to be sworne, neither to speake; we haue nothing
1013to do with him.
1014Throckmorton. Why shulde hee not bee suffered
1015to tell Truthe? And why bee yee not so well contented
1016to heare Troth for mee, as Untroth against
1017me?
1018Hare. Who called you hither Fitzwilliams , or
1019commaunded you to speake? you are a verye busie
1020Officer.
1021Throckmorton. I called him, and doe humbly desire,
1022that he may speake and be heard as well as
1023Vaughan , or else I am not indifferently vsed; specially
1024seeing Maister Atturny doth so presse this
1025matter against me.
page I,71
column 1
1026Southwell. Goe youre wayes Fitzwilliams , the
1027Courte hath nothing to doe with you; peraduenture
1028you woulde not bee so readie in a good Cause.
1029 Then John Fitzwilliams departed the Court, and
1030was not suffered to speake.
1031Throckmorton. Since this Gentlemans Declaration
1032maye not bee admitted, I trust you of the
1033Jurie can perceyue, it was not for anye thing hee
1034had to say against me; but contrariwise, that it
1035was feared he woulde speake for mee. And nowe
1036to Maister Arnoldes Depositions against me, I say
1037I did not tell him anye such wordes; so as if it
1038were material, there is but his yea and my nay.
1039But because the wordes be not sore strayned against
1040me, I praye you, Maister Atturney, why
1041might not I haue tolde Maister Arnolde , that John
1042Fitzwilliams was angrie with William Thomas , and
1043yet knowe no cause of the Anger? it might be
1044vnderstande, to disagree oftentimes. Who doth
1045confesse that I knowe any thing of William Thomas
1046Deuise touching the Quenes Death? I will aunswere,
1047no Man: For Maister Arnolde doth mention
1048no worde of that matter, but of the Displeasures
1049betwixte them; and to speake that, dothe
1050neyther proove Treason, nor knowledge of Treason.
1051Is here all the Euidence againste me that
1052you haue to bring mee within the compasse of the
1053Inditement?
1054Stanford. Methinke the Matters confessed by
1055others against you, together with your owne
1056Confession, will weye shrewdlye. But howe saye
1057you to the Rising in Kent , and to Wiats Attempte
1058againste the Queenes Royal Person at hir Palace?
1059Bromley. Whye do you not reade Wiat's Accusation
1060to him, whiche dothe make him Partener to
1061his Treasons?
1062Southwell. Wiat hath grieuouslye accused you,
1063and in manye thinges that others haue confirmed.
1064Throckmorton. Whatsoeuer Wiat hath saide of
1065me in hope of his Life, he vnsayde it at his Death.
1066For since I came into this Hall, I hearde one saye
1067(but I knowe him not) that Wiat , upon the Scaffolde,
1068didde not onelye purge my Ladie Elizabeth
1069hir Grace, and the Earle of Deuonshire , but
1070also al the Gentlemen in the Tower , saying, they
1071were all ignoraunt of the Sturre and Commotion;
1072in whiche number I take my selfe.
1073Hare. Notwithstanding he saide, all that he had
1074written and confessed to the Counsayle, was true.
1075Throckmorton. Nay, Sir, by your patience, Maister
1076Wiat sayde not so, that was Maister Doctors
1077Addicion.
1080Throckmorton. Almightie God prouided that Reuelation
1081for mee this Daye since I came hither:
1082for I haue bene in close Prison these lviii. Dayes,
1083where I hearde nothing but what the Birdes
1084tolde mee, which did flie ouer my heade. And
1085nowe to you of my Jurie I speake especiallye,
1086whome I desire to marke attentively, what shall
1087be sayde: I haue been indited, as it appeareth,
1088and now am arreigned of compassing the Queenes
1089Majesties Death, of levying Warre againste the
1090Queene, of taking the Tower of London , of deposing
1091and depriuing the Queene of hir Royall
1092Estate, and finally to destroy hir, and of adherence
1093to the Queenes Enimies. Of all whiche
1094Treasons, to proue mee guiltie, the Queenes
1095learned Counsayle hath giuen in Euidence these
1096Pointes materiall: that is to saye, for the compassing
1097or imagining the Queenes Death, and the
column 2
1098Destruction of hir Royal Person, Sir Nicholas Arnoldes
1099Depositions; whiche is, that I shoulde saye
1100to the said Sir Nicholas in Glocestershire that Maister
1101John Fitzwilliams was angrie with William
1102Thomas . Whereunto I haue aunswered, as you haue
1103hearde, bothe denying the matter; and for the
1104proofe on my side, doe take Exceptions, bicause
1105there is no Witnesse but one. And neuerthelesse,
1106though it were graunted, the Depositions proue
1107nothing concerning the Queenes Death. For leuying
1108of Warre againste the Queene, there is alledged
1109my Conference with Sir Thomas Wiat , Sir
1110James Crofts , Sir Edwarde Rogers , Sir Edwarde
1111Warner , againste the Marriage with Spaine , and
1112the comming of the Spaniardes hither; which talke
1113I doe not denie in sorte as I spake it, and ment
1114it; and notwithstanding the maliciovs gathering
1115this Day of my Conference, proueth yet no levying
1116of Warre. There is also alledged for proofe
1117of the same Article, Sir James Croft's Confession,
1118which as you remember, implieth no such thing,
1119but generall talk againste the Mariage with Spaine ,
1120and of my departing Westwarde with the Earl
1121of Devon , which the sayde James doth not auowe,
1122and therefore I praye you consider it as not
1123spoken. There is also for proofe of the sayde Article,
1124the Duke of Suffolkes Confession, with whom
1125I neuer had Conference; and therefore he advouched
1126the tale of his Brother's Mouth, who
1127hath made my Purgation in those Matters, and
1128yet if the matter were proued, they be not
1129greatly materiall in Lawe. There is also alledged
1130for the further proofe of the same Article,
1131and for deposing and depriuing the Queene
1132of hir Royall Estate, and for my adhering to the
1133Queenes Enimies, CuthertCutbert Vaughan's Confession,
1134whose Testimonie I have sufficiently disproued
1135by sundrie Authorities and Circumstances, and
1136principally by your owne Lawe, which dothe
1137require two lawfull and sufficient Witnesses to be
1138brouyght face to face. Also for the taking of the
1139Tower of London , there is alledged Winter's Depositions,
1140which vttereth my misliking, when he
1141vttered vnto mee Sir Thomas Wiat's Resolution and
1142Deuise for attempting of the sayde peece. And
1143last of all, to enforce these matters, mine owne
1144Confession is engrieued greatly against me, wherein
1145there doth appeare neyther Treason, neyther
1146concelement of Treason, neyther whispering of
1147Treason, nor procurement of Treason. And for
1148as much as I am come hither to be tried by the
1149Lawe, though my Innocencie of all these Pointes
1150materiall objected, be apparant to acquite mee,
1151whervnto I doe principallye cleaue; yet I will
1152for your better Credit and Satisfactions shewe
1153you euidentlye, that if you woulde beleeue all the
1154Depositions layde against me, which I trust you
1155will not doe, I ought not to be attainted of the
1156Treason comprised within my Inditement, considering
1157the Statute of Repeale the last Parliament,
1158of all Treasons, other than suche as be
1159declared in the xxv. Yeare of King Edwarde the
1160Third; both which Statutes I pray you my Lords
1161may be redde here to the Enquest.
1162Bromley. No, for there shall be no Bookes
1163brought at your desire; we know the Law sufficiently
1164withoute Booke.
1165Throckmorton. Do you bring me hither to trie
1166mee by the Lawe, and will not shewe me the
1167Lawe? What is your Knowledge of the Lawe to
1168these Mens Satisfactions, which haue my Triall
1169in hande? I pray you, my Lordes, and my Lordes
page I,72
column 1
1170all, let the Statutes bee redde, as well for the
1171Queene, as for mee.
1172Stanford. My Lord Chief Justice can shew the
1173Lawe, and will, if the Jurie doe doubt of any
1174Poynt.
1175Throckmorton. You knowe it were indifferent
1176that I should knowe and heare the Law whereby
1177I am adjudged; and forasmuch as the Statute is in
1178Englishe , Men of meaner Learning than the Justices,
1179can vnderstande it, or else how shoulde
1180we know when we offend?
1181Hare. You knowe not what belongeth to youre
1182case, and therefore we must teach you: it appertaineth
1183not to vs to prouide Bookes for you, neyther
1184sit wee here to be taught of you; you should
1185haue taken better hede to the Law before you
1186had come hither.
1187Throckmorton. Bicause I am ignoraunt, I woulde
1188learne, and therefore I haue more neede to see
1189the Law, and partlye as well for the Instructions
1190of the Jurie, as for my owne Satisfaction, which
1191mee thinke, were for the Honor of this Presence.
1192And now if it please you my Lorde Chiefe Justice,
1193I do direct my Speach specially to you. What
1194time it pleased the Queenes Majestie, to call you
1195to this Honourable Office, I did learne of a great
1196Personage of hir Highnesse Priuie Counsayle, that
1197amongst other good Instructions, hir Majestie
1198charged and enjoyned you to minister the Law
1199and Justice indifferently without respect of Persons.
1200And notwithstanding the old Error amongst
1201you, whiche did not admit any Witnesse
1202to speake, or any other matter to be hearde in
1203the favor of the Aduersarie, hir Majestie being
1204partie, hir Highnes pleasure was, that whatsoeuer
1205could be brought in the fauor of the Subject,
1206shoulde be admitted to be hearde. And moreouer,
1207that you specially, and likewise all other Justices,
1208shoulde not persuade themselues to sit in
1209Judgment otherwise for hir Highnesse, than for
1210hir Subject. Therefore this maner of indifferent
1211proceeding being principally enjoined by Gods
1212Commandement, which I had thought partly to
1213haue remembred you and others here in Commission
1214in the beginning, if I might haue had
1215leaue; and the same also being commanded you
1216by the Queenes owne Mouth, me think you ought
1217of right to suffer me to haue the Statutes red openly,
1218and also to reject nothing that coulde be
1219spoken in my Defence: and in thus doing you
1220shal shew your selves worthy Ministers, and fit
1221for so worthie a Mistresse.
1222Bromley, You mistake the matter, the Queene
1223spake those Wordes to maister Morgan Chiefe
1224Justice of the Common Place; but you haue no
1225cause to complaine, for you haue been suffered to
1226talke at your pleasure.
1227Hare. What woulde you doe with the Statute-Booke?
1228the Jury doth not require it, they haue
1229hearde the Euidence, and they must vppon their
1230Conscience trie whether you bee guiltie or no,
1231so as the Booke needeth not: if they will not
1232credite the Euidence so apparent, then they know
1233what they haue to doe.
1234Cholmley. You ought not to haue any Bookes
1235red here at your Appointment, for where doth
1236aryse any doubte in the Law, the Judges sitte
1237here to informe the Court; and now you doe
1238but spende time.
1239Attourney. I pray you my Lorde Chiefe Justice
1240repeate the Euidence for the Queene, and giue
column 2
1241the Jurie their Charge, for the Prisoner will keepe
1242you here all day.
1245Throckmorton. You seeme to giue and offer mee
1246the Lawe, but in very dede I haue only the
1247Forme and Image of the Lawe; neuerthelesse,
1248since I cannot be suffred to haue the Statutes
1249red openly in the Booke, I will by your Pacience
1250gesse at them, as I may, and I pray you to help
1251me if I mistake, for it is long since I did see
1252them. The Statute of Repeale made the last Parliament
1253hath these Wordes, Be it enacted by the
1254Queene, that from henceforth none Acte, Deede,
1255or Offence, being by Acte of Parliament or Statute
1256made Treason, Petit Treason, or Misprision
1257of Treason, by Words, Writing, Printing, Ciphering,
1258Deedes, or otherwise whatsoeuer, shall
1259be taken, had, deemed, or adjudged Treason,
1260Petit Treason, but only such as be declared, or
1261expressed to be Treason, in or by an Acte of
1262Parliament made in the xxv. Yeare of Edward III.
1263touching and concerning Treasons, and the Declaration
1264of Treasons, and none other. Here
1265may you see this Statute doth referre all the
1266Offences aforesayde, to the Statute of the xxv.
1267of Edward III. which Statute hath these Wordes
1268touching and concerning the Treasons that I am
1269indited and arraigned of; that is to saye, Whosoeuer
1270doth compasse or imagine the Death of the
1271King, or leuie War against the King in his Realm,
1272or being adherent to the Kings Enimies within
1273this Realme, or elsewhere, orand bebee thereof probably
1274attainedattainted by open Deede by People of
1275their ConditionCondicion, shall be adjudged a Traytor.
1276Now I praye you of my Jurie which haue my
1277Lyfe in Triall, note well what things at this daye
1278bee Treasons, and howe these Treasons must be
1279tried and decerned, that is to saye, by open
1280Deede, which the Lawes doth at some time
1281terme ouert acte . And now I aske, notwithstanding
1282my Inditement, which is but matter alledged,
1283where doth appeare the open Deede of any
1284compassing or imagining the Queenes Death; or
1285where doth appeare any open Deede of being adherent
1286to the Queenes Enimies, giuing to them
1287ayde and comfort; or where doth appeare any
1288open Deede of taking the Tower of Loudon ?
1289Bromley. Why doe not you of the Queenes
1290learned Counsell aunswere him? Me thinke,
1291Throckmorton , you neede not to haue the Statutes,
1292for you haue them meetely perfectly.
1293Stanford. You are deceyued, to conclude all
1294Treasons in the Statute of the xxv. Year of Edwarde
1295the Thirde; for that Statute is but a Declaration
1296of certaine Treasons, whiche were
1297Treasons before at the Common Lawe. Euen
1298so there doth remayne diuers other Treasons at
1299this day at the Common Lawe, which be not expressed
1300by that Statute, as the Judges can declare.
1301Neuerthelesse, there is matter sufficient
1302alledged and proued against you to bringe you
1303within the compasse of the same Statute.
1304Throckmorton. I praye you expresse those Matters
1305that bring me within the compasse of the
1306Statute of Edwarde the Third; for the Wordes be
1307these, And be thereof attainted by open Deede
1308by People of like Condicion.
1309Bromley. Throckmorton , you deceyue your selfe,
1310and mistake these Wordes, by People of their
1311Condicion; for thereby the Lawe doth vnderstande
page I,73
column 1
1312the discouering of your Treasons. As for
1313example, Wiat and the other Rebelles, attainted
1314for their great Treasons, already declare you to
1315be his and their adherent, in as much as diuerse
1316and sundrie times you had Conference with him
1317and them aboute the Treason; so as Wiat is now
1318one of your Condicion, who as all the Worlde
1319knoweth, hath committed an open trayterous
1320Fact.
1321Throckmorton. By your leaue, my Lorde, this is
1322a very straunge and singular Understanding. For
1323I suppose the meaning of the Lawe-makers did
1324vnderstande these Wordes, By People of their
1325Condicion, of the State and Condicion of those
1326Persons whiche shoulde bee on the Inquest to
1327trie the Partie arreygned, guiltie or not guiltie,
1328and nothing to be bewraying of the Offence by
1329another Man's act, as you say: for what haue I
1330to doe with Wiat's actes, that was not nigh him
1331by one hundred Myles?
1332Attorney. Will you take vppon you to skill better
1333of the Lawe than the Judges? I doubt not
1334but you of the Jurie will credit as it becommeth
1335you.
1336Cholmley. Concerning the true vnderstanding of
1337these Words, By People of their Condicion, my
1338Lord Chiefe Justice here hath declared the Truth;
1339for Wiat was one of your Condicion, that is to
1340say, of your Conspiracie.
1341Hare. You doe not denie, Throckmorton , but
1342that there hath bene Conference, and sending
1343betweene Wiat and you, and he and Winter doth
1344confesse the same, with others; so as it is playne,
1345Wiat may well be called one of your Condicion.
1346Throckmorton. Well, seeing you my Judges rule
1347the vnderstanding of these Wordes in the Statute,
1348By People of your Condicion, thus straungelye
1349against mee, I will not stande longer vppon
1350them. But where dothe appeare in mee an open
1351Deede, wherevnto the Treason is speciallye
1352referred?
1353Bromley. If thre or oror foure do talke, deuise, and
1354conspire togither of a trayterous Acte to be done,
1355and afterwards one of them doth commit Treason,
1356as Wiat did; then the Lawe doth repute
1357them, and euerye of them as their Actes; so as
1358Wiat's Actes do implie and argue your open Deede,
1359and so the Lawe doth terme it and take it.
1360Throckmorton. These be marueylous Expositions,
1361and wonderfull Implications, that another Man's
1362acte, whereof I was not privy, should be accounted
1363myne; for Wiat did purge me that I knew
1364nothing of his stirre.
1365Hare. Yea, Sir, but you were a principal Procurer
1366and Contriuer of Wiat's Rebellion, though
1367you were not with him when he made the stirre.
1368And as my Lord here hath sayd, the Law always
1369doth adjudge him a Traytor, who was priuie and
1370doth procure Treason, or any other Man to committe
1371Treason, or a trayterous acte, as you did
1372Wiat , and others; for so the Ouert Acte of those
1373whiche did it by your Procurement, shall in this
1374case be accounted your open Deede. We have a
1375common case in the Lawe, if one by Procurement
1376shoulde disseyse you of your Lande, the Lawe
1377holdeth vs both wrong doers, and giueth remedie
1378as well against the one as the other.
1379Throckmorton. For God's sake applie not such
1380Constructions against me; and though my present
1381Estate doth not moue you, yet it were well you
1382shoulde consider your Office, and think what
1383measure you giue to others, you your selues I
1384say shall assuredly receyue the same agayne.
column 2
1385The state of mortall Life is such, that Men
1386know full little what hangeth ouer them. I put
1387on within this xii. Moneths such a Mind, that I
1388moste wofull Wight, was unlike to stande here,
1389as some of you that sit there. As to your case
1390last recited, whereby you woulde conclude, I
1391haue remembred and learned of you Master Hare ,
1392and you Master Stanforde in the Parliament House,
1393where you did sit to make Lawes, to expounde
1394and explaine the Ambiguities and Doubtes of
1395Lawe sincerely, and that without Affections:
1396There, I say, I learned of you, and others my
1397Maisters of the Lawe, this difference betwixt
1398such Cases as you remembred one euen nowe,
1399and the Statute whereby I am to be tried. There
1400is a Maxime or Principle in the Lawe, which
1401ought not to be violated, That no penal Statute
1402may, ought, or shoulde be construed, expounded,
1403extended, or wrested, otherwise than the simple
1404Wordes and nude Letter of the same Statute
1405doth warrant and signifie. And amongst diuers
1406good and notable Reasons by you there in the
1407Parliament House debated, Maister Sergeant
1408Stanforde , I noted this one, why the said Maxime
1409ought to be inuiolable: you said, considering
1410the priuate Affections many tymes both of Princes
1411and Ministers within this Realme, for that they
1412were Men, and woulde and coulde erre, it
1413shoulde be no Securitie, but very daungerous to
1414the Subject, to referre the Construction, and extending
1415of Penall Statutes to anye Judges Equitie,
1416as you termed it, which might eyther by
1417feare of the higher Powers be seduced, or by Ignoraunce
1418and Follye abused. And that is an aunswere
1419by procurement.
1420Bromley. Notwithstanding the principle, as you
1421alledge it, and the precisenesse of your sticking
1422to the bare wordes of the Statute, it doth appeare
1423and remaine of recorde in our Learning,
1424that diuerse Cases haue bene adjudged Treason,
1425without the express wordes of the Statute, as the
1426Quenes learned Counsell there can declare.
1427Attourney. It doth appeare, the Prisoner did not
1428only intise or procure Wiat, Caroe, Rogers , and
1429others, to commite their trayterous Actes, and
1430there doth his open factes appear, whiche
1431Vaughan's Confession doth witnesse; but also he
1432did mynde shortlye after to associate himselfe
1433with those Traytours; for hee minded to haue
1434departed with the Earle of Deuonshire
1435Westwardes.
1436Throckmorton. My Innocencie concerning these
1437matters, I trust, sufficiently appeareth by my
1438former Aunswers, notwithstanding the condempned
1439Man's unjust Accusation. But because
1440the true understanding of the Statute is in question;
1441I saye, procurement, and specially by words
1442onely, is without the compasse of it: and that I
1443doe learne and proue by the principle which I
1444learned of Maister Stanforde .
1445Stanforde. Maister Throckmorton , you and I maye
1446not agree this Day in the understanding of the
1447Lawe, for I am for the Queene, and you speake
1448for your selfe: the Judges must determine the
1449matter.
1450Bromley. He that doth procure another Man
1451to commit a Felonie or a Murther, I am sure
1452you know well ynough, the Law doth adjudge the
1453Procurer there, a Felon or a Murtherer; and in
1454case of Treason, it hath bene alwayes so taken
1455and reputed.
1456Throckmorton. I doe and must cleaue to my Innocencie,
1457for I procured no Man to committe
page I,74
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1458Treason; but yet for my Learning I desire to heare
1459some case so ruled, when the Lawe was as it is
1460nowe. I do confesse it, that at suche time there
1461were Statutes prouided for the procurer, counsaylour,
1462ayder, abetter, and suche like, as there
1463were in King Henrie the VIIIth's tyme, you
1464might lawfullye make this cruell Construction, and
1465bring the procurer within the compasse of the
1466Lawe. But these Statutes being repealed, you
1467ought not nowe so to doe; and as to the principal
1468procurer in Fellonie and Murther, it is not lyke
1469as in Treason, for the Principal and Accessaries
1470in Felonie and Murther be triable and punishable
1471by the common Law; and so in those cases
1472the Judges may use their Equitie, extending the
1473determinacion of the fault as they thinke good:
1474but in Treason it is otherwise, the same being
1475limited by Statute Law, which I say and aduow
1476is restreyned from any Judges Construction by the
1477Maxime that I recited.
1478Stanforde. Your Lordships do know a case in
1479R. 3. time, where the Procurer to counterfeyt false
1480Money, was judged a Traytor, and the Law was
1481as it is now.
1482Hare. Maister Sergeaunt doth remember you
1483Throckmorton , of an Experience before our time,
1484that the Lawe hath bene so taken, and yet the
1485procurer was not expressed in the Statute, but the
1486Lawe hath ben always so taken.
1487Throckmorton. I neuer studied the Law, wherof
1488I do much repent mee; yet I remember, whylest
1489Penall Statutes were talked of in the Parliament-House,
1490you the learned Men of the House remembred
1491some Cases contrarie to this last spoken
1492of. And if I misreport them, I pray you helpe
1493me. In the like case you speake of concerning the
1494Procurer to counterfeyte false Money; at one
1495time the Procurer was judged a Fellon, and at another
1496time neither Fellon nor Traytor; so as some
1497of your Predecessours adjudged the Procurer no
1498Traytour in the same case, but leaned to their
1499principle, though some other extende their Constructions
1500too large. And here is two cases with
1501me, for one against me.
1502Bromley. Bicause you replie so sore upon the
1503principle, I will remember, where one taking
1504the Great Seale of Englande from one Writing,
1505and putting it to another, was adjudged a Traytour
1506in Henry the IVth's tyme, and yet his act was
1507not within the expresse words of the Statute of
1508Edwarde the Third. There be diuerse other such
1509like cases that maye be alledged and need were.
1510Throckmorton. I pray you my Lord Chiefe Justice,
1511call to your good Remembraunce, that in the selfe
1512same case of the Seale, Justice Spilman , a graue
1513and well learned Man, since that time, woulde not
1514condemn the Offender, but did reproue that former
1515Judgment by you last remembred, as erronious.
1516Stanforde. If I had thought you had bene so
1517well furnished with Booke Cases, I woulde haue
1518bene better prouided for you.
1519Throckmorton. I haue nothing but I lerned of you
1520specially M. Sergeant, and of others my Masters
1521of the Law in the Parliament House; and therefore
1522I may say with the Prophet, Salutem ex inimicis
1523nostris .
1525Attorney. If the Prisoner may auoyde his Treasons
1526after this maner, the Queenes Suretie shall bee
1527in great jeoperdy. For Jack Cade , the Blacksmith,
1528and diuerse other Traytors, sometime alledging
1529the Law for them, sometime they ment no harm
column 2
1530to the King, but against his Counsell; as Wiat ,
1531the Duke of Suffolke , and these did against the
1532Spanyardes , when there was no Spanyardes within
1533the Realme. The Duke and his Brethren did
1534mistake the Lawe, as you doe, yet at length did
1535confesse their Ignorance, and submitted themselves.
1536And so were you best to doe.
1537Throckmorton. As to Cade and the Blacksmith, I
1538am not so well acquainted with their Treasons as
1539you bee; but I haue red in the Chronicle, they
1540were in the Fielde with a force against the Prince,
1541whereby a manifest acte did appeare. As to the
1542Duke of Suffolke's doings, they appertaine not to
1543mee. And tho you woulde compare my speache
1544and talke against the Spanyardes , to the Duke's
1545actes, who assembled a force in Armes, it is euident
1546they differ much: I am sorie to engreue any
1547other Mans doings; but it serueth me for a piece
1548of my Defence, and therefore I wish that no Man
1549should gather euil of it, God forbid that words
1550and acts be thus confounded.
1551Attorney. Sir William Stanley used this shifte that
1552the Prisoner useth now, he sayde he did not leuie
1553War against King Henry the VII. but sayde to the
1554Duke of Buckingham , that in a good Quarrell he
1555wold aid him with 500 Men; and neverthelesse
1556Stanley was for those Words attainted, who, as all
1557the Worlde knoweth, had before that time serued
1558the King very faithfully and truly.
1559Throckmorton. I pray you Maister Attorney do
1560not conclude me by blinde contraries. Whether
1561you alledge Stanleyes case trulye or no, I knowe
1562not. But admitte it be as you saye, what dothe
1563this proue against me? I promised no ayde to
1564Maister Wiat , nor to anye other. The Duke of
1565Buckingham leuied Warre against the King, with
1566whom Stanley was confederate so to doe, as you
1567saye.
1568Attorney. I pray you, my Lords, that be the
1569Queenes Commissioners, suffer not the Prisoner to
1570vse the Queenes learned Counsell thus; I was neuer
1571interrupted thus in my Life, nor I neuer
1572knewe any thus suffered to talke, as this Prisoner
1573is suffered: some of us will come no more at the
1574Barre, and we be thus handled.
1575Bromley. Throckmorton , you must suffer the
1576Queenes learned Counsell to speake, or else we
1577must take order with you; you haue had leaue to
1578talke at your pleasure.
1579Hare. It is proued that you did talke with
1580Wiat against the comming of the Spanyardes , and
1581deuised to interrupt their arrivall, and you promised
1582to doe what you coulde againste them;
1583wherevpon Wiat being encouraged by you, did
1584levie a force, and attempted Warre against the
1585Queenes Royal Person.
1586Throckmorton. It was no Treason, nor no procurement
1587of Treason, to talke agaynste the comming
1588hither of the Spanyardes , neyther it was
1589Treason for me to saye, I woulde hynder their
1590commyng hither as muche as I coulde, vnderstanding
1591me rightly as I meant it; yea though you
1592would extend it to the worste, it was but Words,
1593it was not Treason at this day as the Law
1594standeth: and as for Wiat's doings, they touche me
1595nothing, for at his Death, when it was no tyme to
1596report untruly, he purged me.
1597Bromley. By sundry Cases remembred here by
1598the Queenes learned Counsell, as you have hearde,
1599that procurement which did appear no otherwyse
1600but by Words, and those you would make nothing,
1601hath bin of long tyme, and by sundry
page I,75
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1602well learned Men in the Lawes adjudged Treason.
1603And therefore your procurement being so
1604euident as it is, we may lawfully say it was
1605Treason, bycause Wiat perfourmed a trayterous
1606acte.
1607Throckmorton. As to the said alledged fore Precedents
1608against me, I haue recited as many for
1609me, and I would you my Lord Chief Justice shuld
1610incline your Judgements rather after the example
1611of your honourable Predecessors, Justice Markham ,
1612and others, which did eschewe corrupte Judgements,
1613judging directly and sincerely after the
1614Law, and the Principles in the same, than after
1615such Men, as swaruing from the Truth, the Maxime,
1616and the Law, did judge corruptely, maliciously,
1617and affectionately.
1618Bromley. Justice Markham had reason to warrant
1619his doings; for it did appeare, a Merchant of
1620London was arraigned and slanderously accused of
1621Treason for compassing and imagining the King's
1622Death, he did say he would make his Sonne Heire
1623of the Crown, and the Merchant meant it of a
1624House in Cheapside at the Signe of the Crowne ; but
1625your case is not so.
1626Throckmorton. My Case doth differ, I graunt,
1627but specially bicause I haue not suche a Judge:
1628yet there is another cause to restraine these your
1629strange and extraordinarie Constructions; that is
1630to say, a Prouiso in the latter ende of the Statute
1631of Edwarde the Thirde, hauyng these Wordes:
1632Provided always, if any other Case of supposed
1633Treason shall chaunce hereafter to come in Question
1634or Trial before any Justice, other than is in
1635the said Statute expressed, that then the Justice
1636shall forbear to adjudge the sayd case, untill it be
1637shewed to the Parliament to trie, whether it should
1638be Treason or Felonie. Here you are restrained
1639by expresse Words to adjudge any case that is not
1640manifestly mentioned before, and untill it be shewed
1641to the Parliament.
1642Portman. That Prouiso I understand of cases, that
1643may come in trial, which hath bin in vre, but the
1644Law hath always taken the Procurer to be a principal
1645Offender.
1646Sanders. The Law alwayes in cases of Treason
1647dothe accompte all Principalles, and no Accessaries
1648as in other Offences; and therefore a Man
1649offending in Treason, either by couert acte or procurement,
1650whereupon an open Deede hath ensued,
1651as in this case, is adjudged by the Lawe a principal
1652Traytoure.
1653Throckmorton. You adjudge (mee thinke) Procurement
1654very hardly, besydes the Principall,
1655and besides the good Example of your best and
1656most godly learned Predecessors, the Judges of the
1657Realme, as I haue partly declared; and notwithstanding
1658thys grieuous racking and extending of
1659this worde Procurement, I am not in the daunger
1660of it, for it doth appear by no Deposition, that I
1661procured neyther one or other to attempt any acte.
1664Hare. I knowe no Meane so apparent to try
1665Procurement as by Words, and that Meane is
1666probable ynoughe agaynst you, as well by youre
1667owne Confession, as by other Mennes Depositions.
1668Throckmorton. To talke of the Queenes Maryage
1669with the Prince of Spayne , and also the commyng
1670hyther of the Spanyardes is not to procure Treason
1671to be done; for then the whole Parliament-house,
1672I meane the common House, didde procure
1673Treason: but since you wyll make no Difference
column 2
1674betwixte Wordes and Actes, I praye you remember
1675an Estatute made in my late Soueraigne Lorde
1676and Maisters tyme, Kyng Edward the Sixth,
1677whiche apparently expresseth the Difference;
1678these bee the woordes: Who so euer dothe compasse,
1679or imagine to depose the Kyng of his Royall
1680Estate by open Preaching, expresse Wordes or
1681Sayings, shall for the fyrst Offence lose and forfayte
1682to the King all his and their Goodes and
1683Cattailes, and also shal suffer Imprisonmente of
1684their Bodyes at the King's Will and Pleasure.
1685Whosoeuer, &c. for the second Offence shall lose
1686and forfayte to the Kyng the whole Issues and
1687Profytes of all his or their Landes, Tenementes,
1688and other Hereditaments, Benefices, Prebendes,
1689and other spiritual Promotions. Whosoeuer, &c.
1690for the thirde Offence, shall for Term of Lyfe or
1691Lyues of suche Offendour or Offendors, &c. and
1692shall also forfeite to the Kynges Majestie all his
1693or their Goodes and Cattailes, and suffer during
1694his or their Liues perpetuall Imprisonement of his
1695or their Bodies. But whosoeuer, &c. by Writing,
1696Ciphering, or Acte, shall for the firste Offence be
1697adjudged a Traitour, and suffer the Paines of
1698Deathe. Here you may perceiue howe the
1699whole Realme and all your Judgementes hathe
1700beefore this vnderstande Wordes and Actes, diuerslye
1701and apparantlye; and therefore the Judgementes
1702of the Parliamente did assigne Diuersitie
1703of Punishmentes, because they woulde not confounde
1704the true Vnderstanding of Wordes and
1705Deedes, appointing for compassing and imagining
1706by Worde, Imprisonment; and for compassing
1707and imagining by open Deede, Paines of
1708Death.
1709Bromley. It is agreed by the whole Bench, that
1710the Procurer and the Adherent be deemed alwayes
1711Traytors, when as a trayterous Acte was committed
1712by anye one of the same Conspiracie;
1713and there is apparent Proofe of youre adhering to
1714Wiat , both by your owne Confession and other
1715wayes.
1716Throckmorton. Adhering and procuring bee not
1717all one; for the Statute of Edwarde the Thirde
1718doth speake of adhering, but not of procuring,
1719and yet adhering ought not be further extended,
1720than to the Quenes Enimies within her Realme,
1721for so the Statute doth limit the Vnderstanding.
1722And Wiat was not the Queenes Enimie, for hee
1723was not so reputed, when I talked with him last;
1724and our Speach implyed no Enmitie, neyther
1725tended to anye Treason, or procuring of Treason:
1726and therefore I praye you of the Jurie note,
1727thoughe I argue the Lawe, I alledge my Innocencie,
1728as the best part of my Defence.
1729Hare. Your adhering to the Queenes Enimies
1730within the Realme is euidently proued: for
1731Wiat was the Queenes Enimie wythin the Realme,
1732as the whole Realme knoweth it, and he hath
1733confessed it, both at his Arrainement and at his
1734Death.
1735Throckmorton. By your leaue, neither Wiat at
1736at his Arreignment, nor at his Death, did confesse,
1737that he was the Queenes Enimie, when I talked last
1738with him, neyther he was reputed nor taken in
1739xiiij. dayes after, vntill he assembled a Force in
1740Armes, what time I was at your House, Master
1741Inglefielde , where I learned the first Intelligence of
1742Wiats Stirre. And I aske you, who doth depose
1743that there passed anye maner of Aduertisement
1744betwixt Wiat and mee, after he had discouered
1745his Doings, and shewed himselfe an Enemie? If
page I,76
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1746I had bene so disposed, who did let mee, that I
1747did not repaire to Wiat , or to sende to him, or
1748to the Duke of Suffolke eyther, who was in myne
1749owne Countrey? and thither I might haue gone
1750and conueyed my selfe with him, vnsuspected for
1751my departing homewards.
1752Inglefielde. It is true that you were there at my
1753House, accompanied with others your Brethren,
1754and, to my knowledg, ignorant of these
1755Matters.
1756Bromley. Throckmorton , you confessed you talked
1757with Wiat and others against the comming of the
1758Spanyardes , and of the taking of the Tower of London ;
1759wherevpon Wiat levied a Force of Men against
1760the Spanyardes he sayde, and so you saye
1761all, but in Deede it was against the Queene,
1762which he confessed at length: therefore Wiats
1763Actes doe proue you Counsayler and Procurer,
1764howsoeuer you woulde auoyde the matter.
1765Throckmorton. Me think you would conclude me
1766with a mishapen Argument in Logicke, and you
1767will giue mee leaue, I will make another.
1768Stanforde. The Judges sit not here to make Disputations,
1769but to declare the Law, which hath
1770bene sufficiently done, if you woulde consider it.
1773Throckmorton. Oh mercifull God! Oh eternall
1774Father, which seest all things, what maner of
1775Proceedings are these? To what purpose serueth
1776the Statute of Repeale the last Parliament, where
1777I hearde some of you here present, and diuerse other
1778of the Queenes learned Counsayle, grieuouslye
1779inuey against the cruell and bloudie Lawes
1780of King Henrie the Eyght, and against some
1781Lawes made in my late Sovereigne Lorde and
1782Maisters time, King Edwarde the sixth? some
1783termed them Draco's Lawes , whiche were written
1784in Bloude: Some sayde they were more intolerable
1785than any Lawes, that Dionysius or any other
1786Tyraunt made. In conclusion, as many Men, so
1787manye bitter Termes and Names those Lawes
1788had. And moreouer, the Preface of the same Estatute
1789doth recite, that for Wordes onely, many
1790great Personages, and others of good Behauiour,
1791hath bene most cruelly cast awaye by these foremer
1792sanguinolent thirstie Lawes, with many other
1793Suggestions for the Repeale of the same.
1794And now let vs put on indifferent Eyes, and
1795throughly consider with our selues, as you the
1796Judges handle the Constructions of the Statute of
1797Edwarde the Thirde, with your Equitie and Extensions,
1798whether we be not in much wors Case
1799now than we were when those cruel Lawes yoked
1800vs. These Lawes albeit they were grieuous and
1801captious, yet they had the verie Propertie of a
1802Lawe after S. Paules Description: For those
1803Lawes did admonish vs, and discover our Sinnes
1804plainly vnto vs; and when a Man is warned, hee
1805is halfe armed. These Lawes, as they bee handled,
1806be very Baytes to catche vs, and onely
1807prepared for the same, and no Lawes; for at the
1808first sight they ascertaine vs we be deliuered from
1809our olde Bondage, and by the late Repeale the
1810last Parliament we liue in more Securitie. But
1811when it pleaseth the higher Powers to call any
1812Mannes Lyfe and Sayings in question, then there
1813be Constructions, Interpretations, and Extensions
1814reserued to the Justices and Judges Equitie, that
1815the Partie triable, as I am nowe, shall finde himselfe
1816in much worse case, than before when those
1817cruell Lawes stoode in force. Thus our Amendement
column 2
1818is from God's Blessing into the warme
1819Sunne; but I require you honest Men, whiche are
1820to trie my Life, consider these Opinions of my
1821Life: Judges be rather agreeable to the Time, than
1822to the Truth; for their Judgments be repugnant
1823to their owne Principle, repugnant to their godly
1824and best learned Predecessors Opinions, repugnant,
1825I say, to the Prouiso in the Statute of Repeale
1826made in the last Parliament.
1829Throckmorton. Maister Attorney , I am not so vnquiet
1830as you be, and yet our Cases are not alike;
1831but bicause I am so tedious to you, and haue long
1832troubled this Presence, it may please my Lorde
1833Chief Justice to repeate the Euidence, wherewith
1834I am charged, and my Aunswers to all the Objections,
1835if there be no other matter to laye against
1836me.
1837 Then the Chief Justice Bromley remembred
1838particularly all the Depositions and Euidences giuen
1839against the Prisoner, and eyther for wante of
1840good Memorie, or good Will, the Prisoners Aunsweres
1841were in part not recited: wherevppon the
1842Prisoner craued Indifferencie, and did helpe the
1843Judges olde Memorie with his owne Recital.
1844Sendall. My Maisters of the Jurie, you haue to
1845inquire, whether Sir Nicholas Throckmorton Knight,
1846here Prisoner at the Barre be guiltie of these
1847Treasons, or any of them, whereof he hath bene
1848indited and this daye arreigned, yea or no: And
1849if you finde him guiltie, you shall enquire what
1850Landes, Tenementes, Goodes, and Cattelles he
1851had at the day of his Treasons committed, or at
1852anye time since; and whether he fledde for the
1853Treasons or no, if you finde him not guiltie.
1857Throckmorton. Then I pray you giue me leaue to
1858speake a fewe Words to the Jurie: The Weyght
1859and Grauitie of my Cause hath greatly occasioned
1860me to trouble you here long, and therfore I minde
1861not to intertain you here long with any prolixe
1862Oration: You perceyue notwithstanding this daye
1863great Contention betwixt the Judges and the
1864Queenes learned Counsayle on the one partie, and
1865mee the poore and wofull Prisoner on the other
1866partie. The Triall of our whole Controuersie,
1867the Triall of my Innocencie, the Triall of my
1868Lyfe, Landes, and Goodes, and the Destruction
1869of my Posteritie for euer, doth rest in your good
1870Judgements. And albeit many this daye haue
1871greatly inveyghed against me, the finall Determination
1872thereof is transferred onely to you: howe
1873grieuous and horrible the shedding of Innocents
1874Bloude is in the sight of Almightie God, I trust
1875you doe remember. Therefore take heede, I saye,
1876for Christes sake, do not defile your Consciences
1877with such heynous and notable Crimes; they bee
1878grieuouslye and terriblye punished, as in this
1879Worlde and Vale of Miserie vpon the Childrens
1880Children to the thirde and fourth Generation, and
1881in the worlde to come with euerlasting Fire and
1882Damnation. Lift up your Minds to God, and
1883care not too muche for the Worlde; looke not backe
1884to the Fleshpots of Egypte , whiche will allure you
1885from heauenly Respectes to worldlye Securitie, and
1886can thereof neyther make you anye Suretie. Beleeue,
1887I pray you, the Queene and hir Magistrates
1888be more delighted with favourable Equitie, than
1889with rashe Crueltie; and in that you be al Citizens,
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1890I will take my leaue of you with S. Paules
1891farewell to the Ephesians , Citizens also you be,
1892whome he tooke to recorde that he was pure from
1893shedding any Bloude; a special Token, a Doctrine
1894left for your Instruction, that euerye of you may
1895washe his Handes of Innocents Bloudeshedde, when
1896you shall take your leaue of this wretched Worlde;
1897the Holy Ghost be amongst you.
1898Sendall. Come hither, Sergeaunt, take the Jurye
1899with you, and suffer no Man to come at them, but
1900to be order'd as the Lawe appointeth, vntill they
1901be agreed vpon their Verdit.
1902Throckmorton. It may please you my Lordes and
1903Maisters which be Commissioners, to give order,
1904that no Person haue Access or Conference with the
1905Jurie, neither that any of the Queenes learned
1906Counsayle be suffered to repayre to them, or to
1907talke with any of them, vntil they present themselues
1908here in open Court, to publish their Verdit.
1909 Upon the Prisoners Suite on this behalfe, the
1910Benche gaue Order, that two Sergeauntes were
1911sworne to suffer no Man to repaire to the Jurie,
1912vntill they were agreed.
1913 Then the Prisoner was by Commandement of
1914the Benche withdrawne from the Barre, and the
1915Court adjourned vntill three of the Clocke at Afternoone;
1916at whiche houre the Commissioners returned
1917to the Guildehall , and there did tarrie vntill
1918the Jurie were agreed vpon the Verdit. And aboute
1919five of the Clocke, their Agreement being
1920aduertised to the Commissioners, the sayde Prisoner,
1921Sir Nicholas Throckmorton , was again brought
1922to the Barre, where also the Jurie did repaire;
1923and being demaunded whether they were agreed
1924vpon their Verdit, aunswered vniuersally with one
1925Voyce, Yea. Then it was asked, who shoulde
1926speake for them; they aunswered, Whetston the
1927Foreman.
1930 Then the Prisoner did so uppon the Summons.
1933 The Jurie did as they were enjoyned.
1934Sendall. Howe saye you, is Maister Throckmorton
1935Knight, there Prisoner at the Barre, guiltie of the
1936Treasons whereof he hathe bin indicted and arraigned
1937in manner and forme, yea or no?
1941Throckmorton. I hadde forgot to aunswere that
1942Question before; but you haue founde according
1943to Truth: And for the better Warrantie of your
1944Dooings, vnderstande that I came to London , and
1945so to the Queenes Counsell vnbroughte, when I
1946vnderstoode they demaunded for me; and yet I
1947was almoste an hundred miles hence, where if I
1948had not presumed vppon my Truthe, I coulde haue
1949withdrawen my selfe from catching.
1952 The whole Inquest aunswered yea.
1953Bromley. Remember youre selues better, haue
1954you considered substantially the whole Euidence
1955in sorte as it was declared and recited? the
1956Matter dothe touche the Queenes Highnesse,
1957and your selves also, take good heede what you
1958doe.
1959Whetston. My Lorde, wee haue throughly considered
1960the Euidence laide agaynste the Prisoner,
1961and his Aunsweres to all these Matters, and accordingly
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1962wee haue founde him not guiltie, agreeable
1963to all our Consciences.
1966Throckmorton. It is better to be tried, than to
1967liue suspected: Blessed be the Lord God of Israell,
1968for he hath visited and redeemed his People, and hathe
1969raised vp a mightie Saluation for vs in the House of his
1970Seruaunte Dauid. And it maye please you my
1971Lorde Chiefe Justice, forasmuche as I haue ben indited
1972and arrained of sundry Treasons, and haue
1973according to the Lawe put my Triall to God and
1974my Countrey, that is to say, to these honest
1975Men whiche haue founde me not giltie; I humbly
1976beseeche you to giue me such Benefite, Acquitall,
1977and Judgement, as the Lawe in this Case
1978doth appointe.
1979 When the Prisoner had saide these wordes, the
1980Commissioners consulted togither.
1981Throckmorton. Maye it please you my Lorde
1982Chiefe Justice, to pronounce Sentence for my
1983Discharge.
1984Bromley. Where as you doe aske the Benefite that
1985the Lawe in suche Case dothe appointe, I will
1986giue it you, viz . That where you haue bene indited
1987of sundrye highe Treasons, and haue bene
1988here this Daye before the Queenes Commissioners
1989and Justices arreigned of the saide Treasons,
1990wherevnto you haue pleaded not guiltye, and haue
1991for Triall therein putte youre selfe on God and
1992youre Countrey, and they haue founde you not
1993guiltie, the Courte doth award that you be clerly
1994discharged, paying your Fees. Notwithstandyng,
1995Mayster Lieutenant, take hym with you agayne,
1996for there are other Matters to charge hym with.
1997Throckmorton. It may please you my Lords and
1998Maisters of the Queenes Highnes Priuie Counsel,
1999to be on my behalfe humble Sutors to hir Majestie,
2000that like as the Law this daye (God be praised)
2001hathe purged mee of the Treasons wherewith I
2002was most dangerously charged, so it might please
2003hir Excellent Majestie to purge me in hir priuate
2004Judgemente, and both forgyue and forgette my
2005ouer rashe Boldenesse, that I vsed in Talke of hir
2006Highnesse Marriage with the Prince of Spaine ,
2007Matters too farre aboue my Capacitie, and I very
2008vnable to consider the Gravitie therof; a Matter
2009impertinent for me a private Person to talke of,
2010which did appertain to hir Highnesse Privy Counsel
2011to haue in Deliberation: and if it shall please
2012hir Highnesse of hir bountifull Liberalite, to remitte
2013my former Ouersightes, I shall thinke my
2014selfe happye for Triall of the Daunger that I haue
2015this daye escaped, and may thereby admonishe
2016mee to eschewe thinges aboue my reache, and also
2017to instructe mee to deale with matters agreeable
2018to my Vocation; and God saue the Queenes Majestie,
2019and graunte the same long to raigne ouer us,
2020and the same Lorde bebee praised for you the Magistrates,
2021beefore whom I haue hadde my Triall
2022this daye indifferentlye by the Lawe, and you
2023haue proceeded with mee accordinglye, and the
2024Grace of God bee amongst you now and euer.
2025 There was no Aunswere made by any of the
2026Benche to the Prisoners Sute, but the Attorney did
2027speake these wordes:
2028Attorney. And it please you, my Lordes, forasmuche
2029as it seemeth these Men of the Jurie which
2030haue straungely acquitte the Prisoner of his Treasons
2031whereof hee was indited, will forthwith departe
2032the Courte; I praye you for the Queene,
2033that they, and euerye of them, maye bee bounde
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2034in a Recognizance of fiue hundrethe Pounde apeece,
2035to aunswere to such Matters as they shall be charged
2036with in the Queenes behalfe, whensoeuer they
2037shall be charged or called.
2038Whetston. I praye you, my Lordes, be good
2039vnto vs, and lette vs not bee molested for dischargyng
2040our Consciences truelye; we bee poore
2041Marchant-men, and haue great Chardge vpon our
column 2
2042hands, and our Lyuynges doe depende vppon our
2043Trauailes; therefore it maye please you to appoynte
2044vs a certaine Daye for oure Appearance,
2045bycause perhappes else some of vs maye bee in
2046forreigne Partes aboute our Businesse.
2047being dissatisfy'd with the Verdict, committed the
2048Jury to Prison.