<P_I,63>

<heading:edcomment:V._TRIAL_OF_SIR_NICHOLAS_THROCKMORTON,_KNIGHT,_I
N_GUILDHALL_OF_LONDON,_FOR_HIGH-TREASON,_THE_17TH_OF_APRIL,_1554,_T
HE_IST_OF_MARY>

The Commissioners appointed to try him were , <P_I,63.C1> Sir <font>
Thomas White </font> Knight , Lord Mayor of <font> London </font> ; The
Earle of <font> Shrewesbury </font> ; The Earle of <font> Derby </font>
; Sir <font> Thomas Bromley </font> Knyght , Lorde Chiefe Justice of
<font> Englande </font> ; Sir <font> Nicholas Hare </font> Knyght ,
Mayster of the <font> Rolles </font> ; Sir <font> Frauncis Englefielde
</font> Knight , Maister of the Courte of Wardes and Liberties ;
<P_I,63.C2> Sir <font> Richard Southwell </font> Knight , one of the
Privy-Council ; Sir <font> Edward Walgrave </font> Knight , one of the
Privy-Council ; Sir <font> Roger Cholmeley </font> Knight ; Sir <font>
Wyllyam Porteman </font> Knyght , one of the Justices of the King's
Benche ; Sir <font> Edwarde Saunders </font> Knight , one of the
Justices of the Common Place ; <P_I,64.C1> Maister <font> Stanford
</font> , Maister <font> Dyer </font> , Sergeants ; Maister <font>
Edward Griffin </font> , Attourney-Generall ; Maister <font> Sendall
</font> , <font> Peter Tichbourne </font> , Clerkes of the Crowne .
(THROCKM-E1-H,I,63.C1.3)

Firste , after Proclamation made , and the Commission red , the
Lieutenant of the <font> Tower </font> , Master <font> Tho. Bridges
</font> , brought the Prisoner to the Barre ; (THROCKM-E1-H,I,63.C1.4)

then Silence was commaunded , (THROCKM-E1-H,I,63.C1.5)

and <font> Sendall </font> said to the Prisoner as foloweth :
(THROCKM-E1-H,I,63.C1.6)

<font> Sendall . </font> <font> Nicholas Throckmorton </font> Knighte ,
hold vp thy hande , (THROCKM-E1-H,I,63.C1.7)

Thou art before this time indited of High Treason , &c. that thou then
and there didst falsly and traiterously , &c. conspire and imagine the
Death of the Queenes Majestie , &c. and falsly and traiterously didst
leuie Warr againste the Queen within hir Realm , &c.
(THROCKM-E1-H,I,63.C1.8)

and also thou wast adherente to the Queenes Enimies within hir Realm ,
giuing to them Ayde and Comfort , &c. (THROCKM-E1-H,I,63.C1.9)

and also falsly and trayterously didst conspire and intend to depose
and deprive the Queen of hir Royal Estate , and so finally destroy hir
, &c. (THROCKM-E1-H,I,63.C1.10)

and also thou didst falsly and traiterously deuise and conclude to take
violently the <font> Tower </font> of <font> London </font> , &c.
(THROCKM-E1-H,I,63.C1.11)

Of al which Treasons and euery of them in Manner and Forme , &c. art
thou giltie or not giltie ? (THROCKM-E1-H,I,63.C1.12)

<font> Throckmorton . </font> May it please you my Lords and Maisters ,
which be authorised by the Queenes Commission to be Judges this day ,
to giue me leaue to speake a fewe words , which doth both-3 concerne
you and me , before I aunswere to the Enditement , and not altogithers
impertinente to the Matter , and then pleade to the Enditemente .
(THROCKM-E1-H,I,63.C1.13)

<font> Bromley , </font> No , the Order is not so ,
(THROCKM-E1-H,I,63.C1.14)

you must first pleade whether you be giltie or no .
(THROCKM-E1-H,I,63.C1.15)

<font> Throckmorton . </font> If that be your Order and Law , judge
accordingly to it . (THROCKM-E1-H,I,63.C1.16)

<font> Hare . </font> You must firste aunswer to the Matter wherwith
you are charged , (THROCKM-E1-H,I,63.C1.17)

and then you may talke at your pleasure . (THROCKM-E1-H,I,63.C1.18)

<font> Throckmorton . </font> But things spoken out of place wer as
good not spoken . (THROCKM-E1-H,I,63.C1.19)

<font> Bromley . </font> These bee but delayes to spende time ,
(THROCKM-E1-H,I,63.C1.20)

therfore answer as the Law willeth you . (THROCKM-E1-H,I,63.C1.21)

<font> Throckmorton . </font> My Lords , I pray you make not too much
hast with me , (THROCKM-E1-H,I,63.C1.22)

neither thinke not long for your Diner , (THROCKM-E1-H,I,63.C1.23)

for my Case requireth leysure , (THROCKM-E1-H,I,63.C1.24)

and you haue well dined when you haue done Justice truely .
(THROCKM-E1-H,I,63.C1.25)

Christ said , <font> Blessed are they that hunger and thirste for
Righteousnesse </font> . (THROCKM-E1-H,I,63.C1.26)

<font> Bromley . </font> I can forbeare my Dinner as well as you ,
(THROCKM-E1-H,I,63.C1.27)

and care as little as you peraduenture . (THROCKM-E1-H,I,63.C1.28)

<font> Shrewsbury . </font> Come you hither to checke us <font>
Throckmorton </font> ; (THROCKM-E1-H,I,63.C1.29)

we will not be so used , (THROCKM-E1-H,I,63.C1.30)

no , no , I for my parte haue forborne my Breakfast , Dinner and Supper
, to serve the Queene . (THROCKM-E1-H,I,63.C1.31)

<font> Throckmorton . </font> Yea , my good Lord , I know it right well
; (THROCKM-E1-H,I,63.C1.32)

I meant not to touche your Lordship , (THROCKM-E1-H,I,63.C1.33)

for youre Service and Paines is euidently knowen to all Men .
(THROCKM-E1-H,I,63.C1.34)

<font> Southwell . </font> M. <font> Throckmorton </font> , this Talke
neede not , (THROCKM-E1-H,I,63.C1.35)

we know what we haue to do , (THROCKM-E1-H,I,63.C1.36)

and you would teach us our Duties ; (THROCKM-E1-H,I,63.C1.37)

you hurt your Mater , (THROCKM-E1-H,I,63.C1.38)

go to ! (THROCKM-E1-H,I,63.C1.39)

go to ! (THROCKM-E1-H,I,63.C1.40)

<font> Throckmorton . </font> M. <font> Southwell </font> , you mistake
me , (THROCKM-E1-H,I,63.C1.41)

I meant not to teach you , nor none of you , but to remember you of
that I trust you all be well instructed in , (THROCKM-E1-H,I,63.C1.42)

and so I satisfie my selfe , since I shall not speake , thinking you
all know what you haue to doe , or oughte to know ,
(THROCKM-E1-H,I,63.C1.43)

so I will aunswer to <P_I,64.C2> the Inditement ,
(THROCKM-E1-H,I,64.C2.44)

and do pleade not giltie to the whole , and to euery part thereof .
(THROCKM-E1-H,I,64.C2.45)

<font> Sendall . </font> How wilt thou be tried ?
(THROCKM-E1-H,I,64.C2.46)

<font> Throckmorton . </font> Shall I be tried as I would , or as I
shuld ? (THROCKM-E1-H,I,64.C2.47)

<font> Bromley . </font> You shall be tried as the Law will ,
(THROCKM-E1-H,I,64.C2.48)

and therefore you must say by God and by the Countrey .
(THROCKM-E1-H,I,64.C2.49)

<font> Throckmorton . </font> Is that your Law for me ?
(THROCKM-E1-H,I,64.C2.50)

it is not as I wold ; (THROCKM-E1-H,I,64.C2.51)

but since you wil have it so , I am pleased with it ,
(THROCKM-E1-H,I,64.C2.52)

and do desire to be tried by faithful just Men , which more fear God
than the World . (THROCKM-E1-H,I,64.C2.53)

The Names of the Jurours . <font> Lucas . Lowe . Yong . Whetston .
Martyn . Pointer . Beswike . Bankes . Bascafeeld . Calthrop . Kightley
. Cater . </font> (THROCKM-E1-H,I,64.C2.54)

What time the Atturney went forthwith to Mr. <font> Cholmley </font> ,
and shewed him the Sheriffes Returne , who being acquainted with the
Citizens , knowing the Corruptions and Dexterities of them in such
Cases , noted certaine to be chalenged for the Q. <paren> a rare case
</paren> (THROCKM-E1-H,I,64.C2.55)

and the same Men being knowen to be sufficient and indifferent , that
no Exceptions were to be taken to them , but only for their upright
Honesties , notwithstanding the Attorney prompting Sergeant <font> Dier
</font> . The said Sergeant chalenged one <font> Bacon </font> , and
another Citizen peremptorily for the Queen . (THROCKM-E1-H,I,64.C2.56)

Then the Prisoner demanded the cause of the Chalenge :
(THROCKM-E1-H,I,64.C2.57)

the Sergeante aunswered , we neede not shew you the cause of the
Chalenge for the Queen . (THROCKM-E1-H,I,64.C2.58)

Then the Inquest was furnished with other honest Men , that is to say ,
<font> Whetstone </font> and <font> Lucas </font> ,
(THROCKM-E1-H,I,64.C2.59)

so the Prisoner vsed these Words . (THROCKM-E1-H,I,64.C2.60)

<font> Throckmorton . </font> I trust you have not provided for me this
Day , as in times past I knew another Gentleman occupying this woful
place was prouided for . (THROCKM-E1-H,I,64.C2.61)

It chanced one of the Justices upon Jealousie of the Prisoner's
acquitall , for the goodnesse of his Cause , said to another of his
Companions a Justice , when the Jury did appeare , I like not this Jury
for our purpose , (THROCKM-E1-H,I,64.C2.62)

they seeme to be too pitiful and too charitable to condemne the
Prisoner . (THROCKM-E1-H,I,64.C2.63)

No , no , said the other Judge <font> viz. Cholmley </font> I warrant
you , they be picked Fellowes for the nonce , (THROCKM-E1-H,I,64.C2.64)

he shall drink of the same Cup his Fellowes haue done .
(THROCKM-E1-H,I,64.C2.65)

I was then a loker on of the Pageant as others be now here ,
(THROCKM-E1-H,I,64.C2.66)

but now wo is me , (THROCKM-E1-H,I,64.C2.67)

I am a Player in that woful Tragedie . (THROCKM-E1-H,I,64.C2.68)

Well , for these and such other like the black Oxe hath of late troden
on some of their Feet , (THROCKM-E1-H,I,64.C2.69)

but my trust is , I shall not be so used . (THROCKM-E1-H,I,64.C2.70)

Whylest this Talke was , <font> Cholmeley </font> consulted with the
Atturney aboute the Jury , which the Prisoner espied , and then sayde
as heere ensueth , Ah , ah Maister <font> Cholmely </font> , will this
foule packing neuer be left ? (THROCKM-E1-H,I,64.C2.71)

<font> Cholmely . </font> Why what do I , I pray you , M. <font>
Throckmorton </font> ? (THROCKM-E1-H,I,64.C2.72)

I did nothing , (THROCKM-E1-H,I,64.C2.73)

I am sure you do picke Quarrels to me . (THROCKM-E1-H,I,64.C2.74)

<font> Throckmorton . </font> Well Maister <font> Cholmely </font> , if
you do well , it is better for you , God help you .
(THROCKM-E1-H,I,64.C2.75)

The Jury then was sworne , and Proclamation made , that whosoeuer
woulde giue Euidence againste Sir <font> Nicholas Throckmorton </font>
Knight , shoulde come in and be heard , (THROCKM-E1-H,I,64.C2.76)

for the Prisoner stood upon <P_I,65.C1> his Deliuerance : whereupon
Sergeant <font> Stanford </font> presented hymself to speake .
(THROCKM-E1-H,I,65.C1.77)

<font> Throckmorton . </font> And it may please you Maister Sergeante ,
and the others my Masters of the Quenes learned Counsell , like as I
was minded to haue said a fewe Words to the Commissioners , if I mighte
haue had leaue , for their better remembrance of their Dueties in this
place of Justice , and concerning direct indifferency to be used
towards me this Day ; so by your Patience I do thinke good to say
somewhat to you , and to the rest of the Quenes learned Counsell ,
appointed to giue Euidence againste mee . (THROCKM-E1-H,I,65.C1.78)

And albeit you and the rest by Order be appointed to gyue euidence
againste mee , and enterteyned to sette forth the Depositions and
Matter against me , yet I pray you remember I am not alienate from you
, but that I am youre Christian Brother , neither you so charged , but
you ought to consider Equitie , nor yet so priuiledged , but that you
haue a Duetie of God appoynted you how you shal do youre Office ,
whiche if you exceede , wil be greuously required at youre hands .
(THROCKM-E1-H,I,65.C1.79)

It is lawfull for you to vse your Gifts , which I know God hathe
largely giuen you , as youre Learning , Arte and Eloquence , so as
thereby you do not seduce the Minds of the simple and unlearned Jury ,
to credite Matters otherwise than they be . (THROCKM-E1-H,I,65.C1.80)

For Maister Sergeant , I knowe howe by Perswasions , Enforcements ,
Presumptions , applying , implying , inferring , conjecturing ,
deducing of Arguments , wresting and exceeding the Law , the
Circumstances , the Depositions and Confessions , that unlearned Men
maye bee inchanted to thinke and judge those that bee things
indifferente , or at the worst but ouersights , to be great Treasons ;
(THROCKM-E1-H,I,65.C1.81)

such power Orators haue , (THROCKM-E1-H,I,65.C1.82)

and such Ignorance the Unlearned haue . (THROCKM-E1-H,I,65.C1.83)

Almighty God by the Mouth of his Prophete , doth conclude such
Advocates bee cursed , speaking these Words , Cursed bee hee that doth
his office craftily , corruptly , and maliciously .
(THROCKM-E1-H,I,65.C1.84)

And consider also , that my Bloud shall be required at your hands , and
punished in you and yours , to the third and fourth Generation .
Notwithstanding you and the Justices excuse always such erronious
doings , when they be after called in question by the Verdict of the
twelve Men ; (THROCKM-E1-H,I,65.C1.85)

but I assure you , the Purgation serueth you as it did <font> Pilate
</font> , (THROCKM-E1-H,I,65.C1.86)

and you washe your Handes of the Bloudshed , as <font> Pilate </font>
did of Christs . (THROCKM-E1-H,I,65.C1.87)

And now to your matter . (THROCKM-E1-H,I,65.C1.88)

<font> Stanford . </font> And it please you , my Lords , I doubt not to
proue euidently and manifestly , that <font> Throckmorton </font> is
worthely and rightly indicted and araigned of these Treasons , and that
he was a principall deuiser , procurer and contriver of the late
Rebellion , and that <font> Wyat </font> was but his Minister .
(THROCKM-E1-H,I,65.C1.89)

How say you , <font> Throckmorton </font> , (THROCKM-E1-H,I,65.C1.90)

dyd not you send <font> Winter </font> to <font> Wyat </font> into
<font> Kent </font> , and did deuise that the Tower of <font> London
</font> shoulde be taken , with other Instructions concernyng <font>
Wyat's </font> Sturre and Rebellion ? (THROCKM-E1-H,I,65.C1.91)

<font> Throckmorton . </font> May it please you that I shall aunswer
particularly to the matters objected against me , in as muche as my
Memorie is not good , and the same much decayed since my greeuous
Emprisonment , with want of Sleep , and other Disquietnesse :
(THROCKM-E1-H,I,65.C1.92)

I confesse I did say to <font> Winter </font> , that <font> Wyat
</font> was desirous to speake with him , as I understoode .
(THROCKM-E1-H,I,65.C1.93)

<font> Stanford . </font> Yea Sir , and you deuised togither of the
taking of the Tower of <font> London </font> , and of the other great
Treasons . (THROCKM-E1-H,I,65.C1.94)

<P_I,65.C2>

<font> Throckmorton . </font> Noe , I did not so ,
(THROCKM-E1-H,I,65.C2.96)

proue it . (THROCKM-E1-H,I,65.C2.97)

<font> Stanford . </font> Yes Sir , you met with <font> Winter </font>
sundry times , as shall appeare , and in sundry Places .
(THROCKM-E1-H,I,65.C2.98)

<font> Throckmorton . </font> That graunted , proveth no such matter as
is supposed in the Inditement . (THROCKM-E1-H,I,65.C2.99)

<font> Stanford </font> red <font> Winter's </font> Confession , whyche
was of this effect ; That <font> Throckmorton </font> mette with <font>
Winter </font> one Day in <font> Tower-street </font> , and told him ,
that Sir <font> Thomas Wyat </font> was desirous to speak with him ,
(THROCKM-E1-H,I,65.C2.100)

and <font> Winter </font> demanded where <font> Wyat </font> was :
(THROCKM-E1-H,I,65.C2.101)

<font> Throckmorton </font> aunswered , at his House in <font> Kente
</font> , not farre from <font> Gillingham </font> , as I heard say ,
where the Shyps lye . (THROCKM-E1-H,I,65.C2.102)

Then they parted at that time , (THROCKM-E1-H,I,65.C2.103)

and shortly after <font> Throckmorton </font> met with <font> Winter
</font> , vnto whome <font> Winter </font> sayd , Maister <font> Wyat
</font> dothe much mislike the comming of the <font> Spanyardes </font>
into this Realme , (THROCKM-E1-H,I,65.C2.104)

and feareth their short arriuall here , in as much as dayly he heareth
thereof ; dothe see daily diuers of them arrive heere , scattered like
Soldyers ; (THROCKM-E1-H,I,65.C2.105)

and therefore he thinketh good the Tower of <font> London </font>
should be taken by a sleighte , before the Prince came , least that
peece be deliuered to the <font> Spanyardes </font> .
(THROCKM-E1-H,I,65.C2.106)

How say you <font> Throckmorton </font> to it ?
(THROCKM-E1-H,I,65.C2.107)

<font> Throckmorton </font> aunswered , I mislike it for diuers
respects ; (THROCKM-E1-H,I,65.C2.108)

euen so do I , sayde <font> Winter </font> . (THROCKM-E1-H,I,65.C2.109)

At another tyme <font> Throckmorton </font> mette me the sayd <font>
Winter </font> in <font> Poules </font> , when hee had sent one to my
House to seeke me before ; (THROCKM-E1-H,I,65.C2.110)

and he said to me , you are Admiral of the Fleet that now goeth into
<font> Spayne </font> . (THROCKM-E1-H,I,65.C2.111)

I aunswered yea . (THROCKM-E1-H,I,65.C2.112)

<font> Throckmorton </font> saide , when will your Shippes be ready ?
(THROCKM-E1-H,I,65.C2.113)

I saide , within tenne Dayes . (THROCKM-E1-H,I,65.C2.114)

<font> Throckmorton </font> sayde , I vnderstand you are appointed to
conduct and carrie the Lord Priuie Seale into <font> Spaine </font> ;
(THROCKM-E1-H,I,65.C2.115)

and considring the Daunger of the <font> Frenchmen </font> , which you
say arme them to the Sea apace , me thinke it well done , you put my
sayde Lorde and his Traine on Lande in the West Country to avoyde all
Daungers . (THROCKM-E1-H,I,65.C2.116)

<font> Throckmorton </font> saide also , that <font> Wyat </font>
changed his purpose , for taking the Tower of <font> London </font> ;
(THROCKM-E1-H,I,65.C2.117)

I said I was glad of it : (THROCKM-E1-H,I,65.C2.118)

and as for the <font> Frenchmen </font> , I care not much for them ,
(THROCKM-E1-H,I,65.C2.119)

I will so handle the matter , that the Queenes shippes shall bee I
warrante you in safegard . (THROCKM-E1-H,I,65.C2.120)

Another time I met with M. <font> Throckmorton </font> when I came from
the Emperours Ambassadors , vnto whome I declared , that the Emperour
had sent me a fayre Cheyne , (THROCKM-E1-H,I,65.C2.121)

and shewed it unto <font> Throckmorton </font> , who said , for this
Cheyne you haue sold your Country . (THROCKM-E1-H,I,65.C2.122)

I saide , it is neyther <font> French </font> King nor Emperoure that
can make me sell my Country , (THROCKM-E1-H,I,65.C2.123)

but I will be a true <font> Englishman </font> :
(THROCKM-E1-H,I,65.C2.124)

then they parted . (THROCKM-E1-H,I,65.C2.125)

This is the summe of the Talke betwixt <font> Throckmorton </font> and
<font> Winter </font> . (THROCKM-E1-H,I,65.C2.126)

<font> Stanford . </font> Now my Masters of the Jury , you haue heard
my Sayings confirmed with <font> Winter's </font> Confession :
(THROCKM-E1-H,I,65.C2.127)

how say you <font> Throckmorton </font> , (THROCKM-E1-H,I,65.C2.128)

can you denie it ? (THROCKM-E1-H,I,65.C2.129)

if you will , you shall haue <font> Winter </font> justifie it to your
Face . (THROCKM-E1-H,I,65.C2.130)

<font> Throckmorton . </font> My Lords , shall it please you that I
shal answer ? (THROCKM-E1-H,I,65.C2.131)

<font> Bromley . </font> Yea , say your mind .
(THROCKM-E1-H,I,65.C2.132)

<font> Throckmorton . </font> I may truly denye some part of this
Confession ; (THROCKM-E1-H,I,65.C2.133)

but bycause there is nothing material greatly , I suppose the whole to
be true , and what is herein deposed , sufficiente to bring me within
the compas of the Enditement . (THROCKM-E1-H,I,65.C2.134)

<font> Stanford . </font> It appeareth that you were of Counsel with
<font> Wyat </font> , in as much as you sente <font> Winter </font>
downe to him , who uttered unto him diuers traitorous Deuises .
(THROCKM-E1-H,I,65.C2.135)

<font> Throckmorton . </font> This is but conjectural ;
(THROCKM-E1-H,I,65.C2.136)

yet sithence you will construe so maliciously , I will recompte
<P_I,66.C1> how I sent <font> Winter </font> to <font> Wyat </font> :
(THROCKM-E1-H,I,66.C1.137)

and then I pray you of the Jury , judge better than Maister Sergeante
doth . (THROCKM-E1-H,I,66.C1.138)

I met by chance a Seruant of Maister <font> Wyat's </font> , who
demanded of me for <font> Winter </font> , and shewed mee , that his
Maister woulde gladly speake with him ; and so without any further
Declaration , desired me , if I met <font> Winter </font> , to tel him
Maister <font> Wyat's </font> mind , and where he was .
(THROCKM-E1-H,I,66.C1.139)

Thus much for the sending downe of <font> Winter </font> .
(THROCKM-E1-H,I,66.C1.140)

<font> Attourney . </font> Yea , Sir , but how say you to the taking of
the Tower of <font> London </font> , which is Treason ?
(THROCKM-E1-H,I,66.C1.141)

<font> Throckmorton . </font> I aunswere , though <font> Wyat </font>
thought meete to attempt so daungerous an Enterprise , and that <font>
Winter </font> enformed me of it , you $can $not {TEXT:cannot} extende
<font> Wyat's </font> Deuises to be mine , and to bring me within the
compass of Treason ; (THROCKM-E1-H,I,66.C1.142)

for what maner of reasoning or proofe is this ,
(THROCKM-E1-H,I,66.C1.143)

<font> Wyat </font> woulde haue taken the Tower ,
(THROCKM-E1-H,I,66.C1.144)

<font> ergo Throckmorton </font> is a Traitor ?
(THROCKM-E1-H,I,66.C1.145)

<font> Winter </font> doth make my Purgation in his owne Confession ,
euen now redde as it was by Maister Sergeante , though I say nothing ;
(THROCKM-E1-H,I,66.C1.146)

for <font> Winter </font> doth auowe there , that I did much mislike it
. (THROCKM-E1-H,I,66.C1.147)

And because you shall the better understand that I did alwayes not alow
these Master <font> Wyat's </font> Deuises , I had these Words to
<font> Winter </font> , when he enformed me of it ;
(THROCKM-E1-H,I,66.C1.148)

I think M. <font> Wyat </font> would no <font> Englishman </font> hurt
, (THROCKM-E1-H,I,66.C1.149)

and this Enterprise $can $not {TEXT:cannot} be done without the hurt
and slaughter of both Parties ; (THROCKM-E1-H,I,66.C1.150)

for I know him that hath the Charge of the Peece , and his Brother ,
both Men of good Seruice ; (THROCKM-E1-H,I,66.C1.151)

the one had in charge a piece of great Importance , <font> Bolloyne
</font> I meane , which was stoutly assayled ,
(THROCKM-E1-H,I,66.C1.152)

and notwithstanding he made a goode accompt of it for his time , that
like I am sure he will do by this his Charge .
(THROCKM-E1-H,I,66.C1.153)

Moreouer , to accompte the taking of the <font> Tower </font> is uery
dangerous by the Law . (THROCKM-E1-H,I,66.C1.154)

These were my Wordes to <font> Winter </font> .
(THROCKM-E1-H,I,66.C1.155)

And besides , it is very unlike , that I of all Men woulde confederate
in such a matter against the Lieutenant of the <font> Tower </font> ,
whose Daughter my Brother hath married , and his House and mine alyed
together by Mariage sundry times within these few Yeres .
(THROCKM-E1-H,I,66.C1.156)

<font> Hare . </font> But how say you to this , that <font> Wyat
</font> and you had Conference togither sundry times at <font> Warner's
</font> House , and in other places ? (THROCKM-E1-H,I,66.C1.157)

<font> Throckmorton . </font> This is a very general Charge , to haue
Conference ; (THROCKM-E1-H,I,66.C1.158)

but why was it not as lawful for me to confer with <font> Wyat </font>
, as with you , or any other Man ? (THROCKM-E1-H,I,66.C1.159)

I then knew no more by <font> Wyat </font> , than by any other ;
(THROCKM-E1-H,I,66.C1.160)

and to proue to talke with <font> Wyat </font> was lawful and
indifferent , (THROCKM-E1-H,I,66.C1.161)

the last Day I did talke with <font> Wyat </font> , I sawe my Lord of
<font> Arondel </font> , with other noble Men and Gentlemen , talke
with him familiarly in the Chamber of Presence .
(THROCKM-E1-H,I,66.C1.162)

<font> Hare . </font> But they did not conspire nor talke of any stur
against the <font> Spanyards </font> as you did pretend , and meant it
against the Queen ; (THROCKM-E1-H,I,66.C1.163)

for you , <font> Croftes </font> , <font> Rogers </font> and <font>
Warner </font> , did oftentimes deuise in <font> Warner's </font> House
aboute youre traiterous purposes , (THROCKM-E1-H,I,66.C1.164)

or else what did you so often there ? (THROCKM-E1-H,I,66.C1.165)

<font> Throckmorton . </font> I confess I did mislike the Queenes
Mariage with <font> Spain </font> , and also the comming of the <font>
Spanyards </font> hither : (THROCKM-E1-H,I,66.C1.166)

and then me thought I had reason to doe so , (THROCKM-E1-H,I,66.C1.167)

for I did learne the Reasons of my misliking of you M. <font> Hare
</font> , M. <font> Southwell </font> , and others in the Parliament
House ; (THROCKM-E1-H,I,66.C1.168)

there I did see the whole Consent of the Realm against it ;
(THROCKM-E1-H,I,66.C1.169)

and I a Hearer , but no Speaker , did learne my misliking of those
Matters , confirmed by many sundry Reasons amongst you :
(THROCKM-E1-H,I,66.C1.170)

but as concerning any sturre or <P_I,66.C2> vprore against the <font>
Spanyards </font> , I neuer made any , (THROCKM-E1-H,I,66.C2.171)

neyther procured any to be made ; (THROCKM-E1-H,I,66.C2.172)

and for my much resort to M. <font> Warner's </font> House , it was not
to conferre with M. <font> Wyat </font> , but to shew my Friendship to
my very good Lord the Marques of <font> Northampton </font> , who was
lodged there when he was enlarged . (THROCKM-E1-H,I,66.C2.173)

<font> Stanford . </font> Did not you , <font> Throckmorton </font> ,
tell Winter that <font> Wyat </font> had changed his Mind for the
taking of the <font> Tower </font> ; whereby it appeared euidently that
you knew of his doings ? (THROCKM-E1-H,I,66.C2.174)

<font> Throckmorton . </font> Truly I did not tell him so ,
(THROCKM-E1-H,I,66.C2.175)

but I care not greately to giue you that Weapon to play you withal :
(THROCKM-E1-H,I,66.C2.176)

now let us see what you can make of it ? (THROCKM-E1-H,I,66.C2.177)

<font> Stanford . </font> Yea , Sir , that proueth that you were priuie
to <font> Wyat's </font> Mind in all his Deuises and Treasons , and
that there was sending betwixt you and <font> Wyat </font> from time to
time . (THROCKM-E1-H,I,66.C2.178)

<font> Throckmorton . </font> What M. Sergeant , doth this proue
against me , that I knew <font> Wyat </font> did repent him of an euil
deuised Enterprise ? (THROCKM-E1-H,I,66.C2.179)

Is it to know <font> Wyat's </font> Repentance , Sinne ?
(THROCKM-E1-H,I,66.C2.180)

No , it is but a Venial Sinne ; if it be any ,
(THROCKM-E1-H,I,66.C2.181)

it is not deadly . (THROCKM-E1-H,I,66.C2.182)

But where is the Messenger or Message that <font> Wyat </font> sent to
me touching his Alteration ? (THROCKM-E1-H,I,66.C2.183)

and yet it was lawful ynough for me to heare from <font> Wyat </font>
at that time , as from any other Man , for any acte that I knew he had
done . (THROCKM-E1-H,I,66.C2.184)

<font> Dyer . </font> And it may please you , my Lordes , and you my
Maisters of the Jurie , to prove that <font> Throckmorton </font> is a
principal doer in this Rebellion , there is yet many other things to be
declared : (THROCKM-E1-H,I,66.C2.185)

amongst other , there is <font> Croftes </font> Confession , who sayeth
, that he and you and your Accomplices , did manye times deuise aboute
the whole Matters , and hee made you priuie to all his Determinations ,
and you shewed him that you woulde goe into the West Countrey with the
Earle of <font> Deuon </font> , to Sir <font> Peter Caroe </font> ,
accompanyed with others . (THROCKM-E1-H,I,66.C2.186)

<font> Throckmorton . </font> M. <font> Croftes </font> is yet liuing ,
(THROCKM-E1-H,I,66.C2.187)

and is here this day ; (THROCKM-E1-H,I,66.C2.188)

how hapneth it he is not brought Face to Face to justifie this matter ,
neither hathe bin of all this time ? (THROCKM-E1-H,I,66.C2.189)

Will you knowe the Trueth ? (THROCKM-E1-H,I,66.C2.190)

either he sayd not so , (THROCKM-E1-H,I,66.C2.191)

or he wil not abide by it , (THROCKM-E1-H,I,66.C2.192)

but honestly hath reformed himself . (THROCKM-E1-H,I,66.C2.193)

And as for knowing his Deuises , I was so well acquainted with them ,
that I can name none of them , nor you neyther , as matter knowen to
mee . (THROCKM-E1-H,I,66.C2.194)

<font> Attourney . </font> But why did you aduise <font> Winter </font>
to land my Lord Priuie Seale in the West Countrey ?
(THROCKM-E1-H,I,66.C2.195)

<font> Throckmorton . </font> He that told you that my mind was to land
him there , doth partly tel you a reason why I said so , if you would
remember as well the one as the other ; (THROCKM-E1-H,I,66.C2.196)

but because you are so forgetful , I will recite wherefore :
(THROCKM-E1-H,I,66.C2.197)

In communication betwixt <font> Winter </font> and me , as he declared
to me that the <font> Spanyards </font> provided to bring their Prince
hither , so the <font> Frenchmen </font> prepared to interrupt his
Arrival , (THROCKM-E1-H,I,66.C2.198)

for they began to arme to the Sea , (THROCKM-E1-H,I,66.C2.199)

and had already certain Shippes on the West Cost , <paren> as he heard
</paren> unto whom I saide , that peraduenture not onely the Queenes
Shippes under his Charge might be in jeopardy , but also my Lorde
Priuie Seale , and all his Trayne , the <font> Frenchmen </font> beeing
wel prepared to meete with them ; (THROCKM-E1-H,I,66.C2.200)

and therefore for all Euents it were good you should put my said Lord
in the West Countrey , in case you espie any jeoperdie .
(THROCKM-E1-H,I,66.C2.201)

But what doth this proue to the Treasons , if I were not able to giue
conuenient Reasons to my talke ? (THROCKM-E1-H,I,66.C2.202)

<P_I,67.C1>

<font> Stanford . </font> Mary Sir , now commeth the Proofes of youre
Treasons : (THROCKM-E1-H,I,67.C1.204)

you shal heare what <font> Cutbert Vaughan </font> sayth against you .
(THROCKM-E1-H,I,67.C1.205)

Then Sergeant <font> Stanford </font> did reade <font> Vaughan's
</font> Confession , tending to this effect , That <font> Vaughan
</font> comming out of <font> Kent </font> , met with <font>
Throckmorton </font> at M. <font> Warner's </font> House , who after he
had don Commendations from <font> Wyat </font> to him , desired to know
where <font> Crofts </font> was ; (THROCKM-E1-H,I,67.C1.206)

<font> Throckmorton </font> answered , either at <font> Arundel </font>
House where he lodgeth , or in <font> Poules </font> .
(THROCKM-E1-H,I,67.C1.207)

Then <font> Vaughan </font> desired to know howe thyngs went at <font>
London </font> saying , M. <font> Wyat </font> and wee of <font> Kent
</font> do much mislike the Mariage with <font> Spaine </font> , and
the comming of the <font> Spanyardes </font> for diuers respectes ;
(THROCKM-E1-H,I,67.C1.208)

howbeit , if other Countries mislike them as <font> Kent </font> doth ,
they shall be but hardly welcome : (THROCKM-E1-H,I,67.C1.209)

and so they parted . (THROCKM-E1-H,I,67.C1.210)

Shortly after <font> Throckmorton </font> met with <font> Vaughan
</font> in <font> Poules </font> , unto whome <font> Throckmorton
</font> declared with sundry Circumstances , that the Western Men were
in readinesse to come forwards ; and that Sir <font> Peter Caroe
</font> had sent unto him euen now , and that he had in order a good
Band of Horsemen , and an other of Footemen .
(THROCKM-E1-H,I,67.C1.211)

Then Vaughan demanded what the Erle of <font> Devon </font> would do ;
(THROCKM-E1-H,I,67.C1.212)

<font> Throckmorton </font> answered he will marre all ,
(THROCKM-E1-H,I,67.C1.213)

for he will not go hence ; (THROCKM-E1-H,I,67.C1.214)

and yet Sir <font> Peter Caroe </font> wold mete him with a Band both-1
of Horsemen and Footemen , by the way of <font> Andeuer </font> , for
his Safeguard ; (THROCKM-E1-H,I,67.C1.215)

and also he should haue bin well accompanyed from hence with other
Gentlemen , (THROCKM-E1-H,I,67.C1.216)

yet all this wyl not moue him to departe hence .
(THROCKM-E1-H,I,67.C1.217)

Moreouer , the said Erle hath , as is said , discovered al the whole
matter to the Chancellor , (THROCKM-E1-H,I,67.C1.218)

or else it is comen out by his Taylor , aboute the trimming of a Shirte
of Mayle , and the making of a Cloke . (THROCKM-E1-H,I,67.C1.219)

At another time , <font> Vaughan </font> saith , <font> Throckmorton
</font> shewed him , that he had sent a Poste to Sir <font> Peter Caroe
</font> to come forwarde with as muche speede as might be , and to
bring his force with him . (THROCKM-E1-H,I,67.C1.220)

And also <font> Throckmorton </font> advised <font> Vaughan </font> to
will M. <font> Wyat </font> come forward with his Power ,
(THROCKM-E1-H,I,67.C1.221)

for nowe was the time , in as much as the <font> Londoners </font>
would take his part , if the matter were presented unto them .
(THROCKM-E1-H,I,67.C1.222)

<font> Vaughan </font> said also , that <font> Throckmorton </font> and
<font> Warner </font> should haue ridden with the said Erle Westward .
(THROCKM-E1-H,I,67.C1.223)

Moreouer , the said <font> Vaughan </font> deposed , that <font>
Throckmorton </font> shewed him in talke of the Erle of <font> Pembroke
</font> , that the said Earle woulde not fight against them , though
hee woulde not take their partes . (THROCKM-E1-H,I,67.C1.224)

Also <font> Vaughan </font> said , That <font> Throckmorton </font>
shewed hym that he would ride downe to <font> Barkeshire </font> to Sir
<font> Francis Englefield's </font> House , there to meete his eldest
Brother , to moue him to take his part . (THROCKM-E1-H,I,67.C1.225)

And this was the Summe of <font> Cutbert Vaughan's </font> Confession .
(THROCKM-E1-H,I,67.C1.226)

<font> Stanford . </font> How say you , (THROCKM-E1-H,I,67.C1.227)

doth not heere appeare euident matter to proue you a Principal , who
not onely gaue order to Sir <font> Peter Caroe </font> and his
Adherents , for their rebellious actes in the West Countrey ; but also
procured <font> Wyat </font> to make his Rebellion , appointing him and
the others also , when they should attempt their Enterprise , and how
they should order their doings from time to time ?
(THROCKM-E1-H,I,67.C1.228)

Besides all this euident Matter , you were specially appointed to go
away with the Earle of <font> Devon </font> , as one that would direct
all thinges , and giue order to all Men ; (THROCKM-E1-H,I,67.C1.229)

and therefore <font> Throckmorton </font> , since this matter is so
manifest , and the euidence so apparent , I would aduise you to
confesse your fault , and submit your selfe to the Queenes Mercy .
(THROCKM-E1-H,I,67.C1.230)

<P_I,67.C2>

<font> Bromley . </font> Howe say you , (THROCKM-E1-H,I,67.C2.232)

will you confesse the matter ? (THROCKM-E1-H,I,67.C2.233)

and it will be best for you . (THROCKM-E1-H,I,67.C2.234)

<font> Throckmorton . </font> No , I will neuer accuse my selfe
unjustly ; (THROCKM-E1-H,I,67.C2.235)

but in as muche as I am come hither to bee tried , I pray you let me
haue the Law favourably . (THROCKM-E1-H,I,67.C2.236)

<font> Attourney . </font> It is apparent that you lay at <font> London
</font> as a Factor , to giue Intelligence as well to them in the West
, as to <font> Wyat </font> in <font> Kent </font> .
(THROCKM-E1-H,I,67.C2.237)

<font> Throckmorton . </font> How proue you that ,
(THROCKM-E1-H,I,67.C2.238)

or who doth accuse me but this condemned Man ?
(THROCKM-E1-H,I,67.C2.239)

<font> Attourney . </font> Why , will you denie this matter ?
(THROCKM-E1-H,I,67.C2.240)

you shall haue <font> Vaughan </font> justifie his whole Confession
here before your Face . (THROCKM-E1-H,I,67.C2.241)

<font> Throckmorton . </font> It shal not neede ,
(THROCKM-E1-H,I,67.C2.242)

I know his unshamefastnes , (THROCKM-E1-H,I,67.C2.243)

he hath aduowed some of this vntrue talk before this tyme to my Face ;
(THROCKM-E1-H,I,67.C2.244)

and it is not otherwise like , considering the price , but he wil do
the same again . (THROCKM-E1-H,I,67.C2.245)

<font> Attourney . </font> My Lords and Maisters , you shall haue
<font> Vaughan </font> to justifie this heere before you all , and
confirm it with a Booke Oth . (THROCKM-E1-H,I,67.C2.246)

<font> Throckmorton . </font> He that hath said and lyed , will not ,
being in this case , sticke to swear and lye .
(THROCKM-E1-H,I,67.C2.247)

<font> Then was </font> Cutbert Vaughan <font> brought into the open
Court </font> . (THROCKM-E1-H,I,67.C2.248)

<font> Sendall . </font> How say you , <font> Cutbert Vaughan </font> ,
(THROCKM-E1-H,I,67.C2.249)

is this your own Confession , (THROCKM-E1-H,I,67.C2.250)

and wil you abide by all that is here written ?
(THROCKM-E1-H,I,67.C2.251)

<font> Vaughan . </font> Let me see it , (THROCKM-E1-H,I,67.C2.252)

and I will tell you . (THROCKM-E1-H,I,67.C2.253)

Then his Confession was shewed him . (THROCKM-E1-H,I,67.C2.254)

<font> Attourney . </font> Bycause you of the Jury the better may
credite him , I pray you my Lords let <font> Vaughan </font> be sworn .
(THROCKM-E1-H,I,67.C2.255)

<font> Then was </font> Vaughan <font> sworne on a Booke to say nothing
but the Truth </font> . (THROCKM-E1-H,I,67.C2.256)

<font> Vaughan . </font> It may please you my Lords and Maisters , I
could haue bin well content to haue chose seauen Yeres Imprisonment ,
though I had bin a free Man in the Law , rather than I would this Day
haue gyuen Euidence against Sir <font> Nicholas Throckmorton </font> ,
vnto whome I bear no displeasure ; (THROCKM-E1-H,I,67.C2.257)

but sithence I must needes confesse my Knowledge , I must confesse all
that is there written is true . (THROCKM-E1-H,I,67.C2.258)

How say you M. <font> Throckmorton </font> , (THROCKM-E1-H,I,67.C2.259)

was there any displeasure betwene you and me , to moue me to say aught
against you ? (THROCKM-E1-H,I,67.C2.260)

<font> Throckmorton . </font> Not , that I know :
(THROCKM-E1-H,I,67.C2.261)

how say you <font> Vaughan </font> , (THROCKM-E1-H,I,67.C2.262)

what Acquaintance was there between you and me ,
(THROCKM-E1-H,I,67.C2.263)

and what Letters of Credit , or Token did you bring me from <font> Wyat
</font> , or any other to moue me to trust you ?
(THROCKM-E1-H,I,67.C2.264)

<font> Vaughan . </font> As for Acquaintance , I knew you as I did
other Gentlemen ; (THROCKM-E1-H,I,67.C2.265)

and as for Letters , I brought you none other but Commendations from M.
<font> Wyat </font> , as I did to diuers other of his Acquaintance at
<font> London </font> . (THROCKM-E1-H,I,67.C2.266)

<font> Throckmorton . </font> You might as well forge the Commendations
as the rest ; (THROCKM-E1-H,I,67.C2.267)

but if you haue done with <font> Vaughan </font> , my Lords , I pray
you giue me leaue to aunswere . (THROCKM-E1-H,I,67.C2.268)

<font> Bromely . </font> Speak , (THROCKM-E1-H,I,67.C2.269)

and be short . (THROCKM-E1-H,I,67.C2.270)

<font> Throckmorton . </font> I speak generally to all that be heere
present , but especially to you of my Jury , touching the Credit of
<font> Vaughan's </font> Depositions against me , a condemned Man ;
(THROCKM-E1-H,I,67.C2.271)

and after to the Matter : (THROCKM-E1-H,I,67.C2.272)

and note I pray you the Circumstances , <P_I,68.C1> the better to
induce somewhat material . (THROCKM-E1-H,I,68.C1.273)

First I pray you remember the small Familiaritie betwixt <font> Vaughan
</font> and me , as he hathe auowed before you .
(THROCKM-E1-H,I,68.C1.274)

And moreouer , to procure Credite at my hand , he brought neither
Letter nor Token from <font> Wyat </font> , nor from any other to me ,
which he also hath confessed here , (THROCKM-E1-H,I,68.C1.275)

and I will suppose <font> Vaughan </font> to be in as good Condition as
any other Man here , that is to say , an uncondemn'd Man ;
(THROCKM-E1-H,I,68.C1.276)

yet I referre it to your good Judgment , whether it were lyke that I
knowing onely <font> Vaughan's </font> Person from another Man , and
having none other Acquaintance with him , would so frankly discouer my
mind to him in so dangerous a matter . (THROCKM-E1-H,I,68.C1.277)

How like , I say , is this , when diuers of these Gentlemen now in
Captiuitie , being my very Familiars , coulde not depose any such
matter against me , and neuertheless vpon their Examinations haue said
what they could ? (THROCKM-E1-H,I,68.C1.278)

And thogh I be no wise Man , I am not so rash to vtter to an unknowen
Man <paren> for so may I call him in comparison </paren> a matter so
dangerous for me to speake , and him to heare ;
(THROCKM-E1-H,I,68.C1.279)

but bycause my Trueth and his Falsehood shall the better appear unto
you , I will declare his Inconstancy in vttering this his Euidence ;
(THROCKM-E1-H,I,68.C1.280)

and for my better Credite , it may please you , M. <font> Southwell
</font> , I take you to witnes , when <font> Vaughan </font> first
justified this his unjust Accusation against me before the L. <font>
Paget </font> , the L. Chamberlaine , you M. <font> Southwell </font> ,
and others , he referred the Confirmation of this surmised matter to a
Letter sent from him to Sir <font> Thomas Wyat </font> ; which Letter
doth neither appeare , nor any Testimony of the said M. <font> Wyat
</font> against mee touching the matter : (THROCKM-E1-H,I,68.C1.281)

for I doubte not Sir <font> Thomas Wyat </font> hath bin examin'd of me
, and hathe sayde what he could directly or indirectly .
(THROCKM-E1-H,I,68.C1.282)

Also <font> Vaughan </font> saith , that yong <font> Edward Wyat
</font> coulde confirme this matter , as one that knew this pretended
Discourse betwixt <font> Vaughan </font> and me ;
(THROCKM-E1-H,I,68.C1.283)

and thereupon I made sute that <font> Edward Wyat </font> might either
be brought face to face to me , or otherwise be examined .
(THROCKM-E1-H,I,68.C1.284)

<font> Southwell . </font> M. <font> Throckmorton </font> , you mistake
your matter , (THROCKM-E1-H,I,68.C1.285)

for <font> Vaughan </font> said , that <font> Edward Wyat </font> did
know some part of the matter , and also was priuie to the Letter that
<font> Vaughan </font> sent to Sir <font> Thomas Wyat </font> .
(THROCKM-E1-H,I,68.C1.286)

<font> Throckmorton . </font> Yea , Sir , that was <font> Vaughan's
</font> last shift , when I charged him before the Master of the Horse
, and you with his former Allegations touching his witnes ; whom when
hee espyed , woulde not do so lewdly as hee thought ,
(THROCKM-E1-H,I,68.C1.287)

then he vsed this Alteration : (THROCKM-E1-H,I,68.C1.288)

but where is <font> Edward Wyat's </font> Depositions of any thing
against me , now it appeareth neither his firste nor his last Tale to
be true ? (THROCKM-E1-H,I,68.C1.289)

For you knowe , M. <font> Bridges </font> , and so doth my Lord your
Brother , that I desired twice or thrice <font> Edward Wyat </font>
shuld be examined ; (THROCKM-E1-H,I,68.C1.290)

and I am sure , and most assured , he hathe bin willed to say what he
could , (THROCKM-E1-H,I,68.C1.291)

and here is nothing deposed by him against me , eyther-1 touching any
Letter or other Conference ; (THROCKM-E1-H,I,68.C1.292)

or where is <font> Vaughan's </font> Letter sent by Sir <font> Thomas
Wyat </font> concerning my Talke ? (THROCKM-E1-H,I,68.C1.293)

But now I will speake of <font> Vaughan's </font> present Estate , in
that he is a condemned Man , whose Testimonie is nothing worthe by any
Lawe ; (THROCKM-E1-H,I,68.C1.294)

and bycause false Witnes be mentioned in the Gospel , treating of
Accusation , hearke I pray you what S. <font> Jerome </font> sayeth ,
expounding the place : (THROCKM-E1-H,I,68.C1.295)

it is demanded why Christes accusers be called false Witnesses , which
did report Christ's Words not as he spake them ;
(THROCKM-E1-H,I,68.C1.296)

they be false witnesses saith S. <font> Jerome </font> , <P_I,68.C2>
which do ad , alter , wrest , double , or do speake for hope to auoid
Death , or for malice to procure another Man's Death :
(THROCKM-E1-H,I,68.C2.297)

for all Men may easily gather he $can $not {TEXT:cannot} speake truely
of me , or in the case of another Man's Life , where he hath hope of
his owne by Accusation . (THROCKM-E1-H,I,68.C2.298)

Thus much speaketh S. <font> Jerome </font> of false Witnes .
(THROCKM-E1-H,I,68.C2.299)

By the ciuil Law there be many Exceptions to be taken agaynst such
Testimonies ; (THROCKM-E1-H,I,68.C2.300)

but bycause we be not gouerned by that Law , neither I haue my Trial by
it , it shal be superfluous to trouble you therewith ,
(THROCKM-E1-H,I,68.C2.301)

and therefore you shall heare what your owne Lawe doth say .
(THROCKM-E1-H,I,68.C2.302)

There was a Statute made in my late Soueraigne Lord and Maister his
time , touching Accusation , (THROCKM-E1-H,I,68.C2.303)

and these be the Words : (THROCKM-E1-H,I,68.C2.304)

Be it enacted , That no Person nor Persons , &c. shall be indited ,
araigned , condemned , or conuicted for any Offence of Treason , Petit
Treason , Misprision of Treason , for which the same Offendor shal
suffer any Paynes of Death , Imprisonment , Losse or Forfeyture of his
Goodes , Lands , &c. vnlesse the same Offendor be accused by two
sufficient and lawful Witnesses , or shall willingly without Violence
confesse the same . (THROCKM-E1-H,I,68.C2.305)

And also in the sixth Yere of his Raigne , it is thus ratified as
ensueth : That no Person nor Persons shall bee indited , araigned ,
condemned , conuicted or attainted of the Treasons or Offences
aforesaide , or for anye other Treasons that now bee , or hereafter
shall be , unlesse the same Offendor or Offendors be thereof accused by
two lawfull and sufficient Accusers ; whiche at the time of Araignement
of the Parties so accused <paren> if they be then liuing </paren> shall
be brought in Person before the said Partie accused , and auowe and
mainteine that they haue to say againste the saide Partie , to proue
him giltie of the Treasons or Offence conteined in the Byll of
Inditement layd agaynst the Partie araigned , vnlesse the sayd Partie
araigned shall be willing without Violence to confesse the same .
(THROCKM-E1-H,I,68.C2.306)

Here note I pray you , that our Lawe dothe require two lawfull and
sufficient Accusers to be brought face to face ,
(THROCKM-E1-H,I,68.C2.307)

and <font> Vaughan </font> is but one , and the same most vnlawfull and
insufficient ; (THROCKM-E1-H,I,68.C2.308)

for who can be more unlawful and insufficient than a condemned Man ,
and suche one as knoweth to accuse mee is the meane to saue his owne
Lyfe ? (THROCKM-E1-H,I,68.C2.309)

Remember , I pray you , howe long and how many times <font> Vaughan's
</font> Execution hathe bin respited , and how often hee hathe bin
conjured to accuse , <paren> whych by Goddes Grace hee withstoode
vntill the last Houre </paren> what time perceyuing there was no way to
liue , but to speake againste mee or some other <paren> his former
Grace beeyng taken away </paren> did redeeme his Lyfe most unjustly and
shamefully , as you see . (THROCKM-E1-H,I,68.C2.310)

<font> Hare . </font> Why shoulde he accuse you more than any other ,
seeyng there was no displeasure betwixte you , if the matter had not
bin true ? (THROCKM-E1-H,I,68.C2.311)

<font> Throckmorton . </font> Bycause he must eyther speake of some Man
, or suffer Deathe ; (THROCKM-E1-H,I,68.C2.312)

and then he did rather choose to hurte him he did least know , and so
loued least , than any other well knowen to him , whome he loued most .
(THROCKM-E1-H,I,68.C2.313)

But to you of my Jury I speake specially , (THROCKM-E1-H,I,68.C2.314)

and therefore I pray you note what I say : (THROCKM-E1-H,I,68.C2.315)

In a matter of lesse weight than Trial of Life and Lande , a Man may by
the Law take Exceptions to suche as be impaneld , to trie the
Controuersies betwixt the Parties : (THROCKM-E1-H,I,68.C2.316)

as for example , a Man may chalenge that the Sheriffe is hys Enemie ,
and therefore hathe made a parciall Returne , <P_I,69.C1> or bycause
one of the Jury is the Sheriffe my Aduersaries Seruante ;
(THROCKM-E1-H,I,69.C1.317)

and also in case my Aduersaries Villaine or Bondman be empanelled , I
may lawfully chalenge him , bycause the Aduersarie parte hathe power
ouer hys Villayne's Landes and Goodes , and hathe the vse of hys Bodye
for seruile Office : (THROCKM-E1-H,I,69.C1.318)

muche more I may of right take Exception to <font> Vaughan's </font>
Testimonie , my Lyfe and all that I haue depending therevppon ; and the
same <font> Vaughan </font> beeyng more bounde to the Queenes Highnesse
, my Aduersarie <paren> that wo is me therefore , but so the Lawe dothe
here so tearme hyr Majestie </paren> than anye Villayne is to hys Lord
; (THROCKM-E1-H,I,69.C1.319)

for hir Hyghnesse hath not-2 onely-1 Power ouer hys Bodye , Lands , and
Goodes , but ouer his Lyfe also . (THROCKM-E1-H,I,69.C1.320)

<font> Stanford . </font> Yea , the Exceptions are to be taken agaynste
the Jury in that case ; but not agaynst the Witnes or Accusor ,
(THROCKM-E1-H,I,69.C1.321)

and therefore youre Argument serueth little for you .
(THROCKM-E1-H,I,69.C1.322)

<font> Throckmorton . </font> That is not so ,
(THROCKM-E1-H,I,69.C1.323)

for the vse of the Jurie , and the Witnes , and the Effect of their
doings doth serue me to my purpose , as the Law shall discusse .
(THROCKM-E1-H,I,69.C1.324)

And thus I make my Comparison : (THROCKM-E1-H,I,69.C1.325)

By the Ciuil Law the Judge doth giue Sentence upon the Depositions of
the Witnes , (THROCKM-E1-H,I,69.C1.326)

and by your Law the Judge doth giue Judgement upon the Verdict of the
Jury , so as the effect is both one to finish the matter , Trial in Law
, as well by the Depositions of the Witnes , as by the Juries Verdict ,
though they varie in Forme and Circumstance ;
(THROCKM-E1-H,I,69.C1.327)

and so <font> Vaughan's </font> Testimonie being credited , may be the
material Cause of my Condemnation , as the Jury may be induced by his
Depositions to speak their Verdict , and so finally therevpon the Judge
to giue Sentence . (THROCKM-E1-H,I,69.C1.328)

Therefore I may use the same Exceptions against the Jury , or any of
them , as the principal mean , that shall occasion my Condemnation .
(THROCKM-E1-H,I,69.C1.329)

<font> Bromley . </font> Why , do you denie , that euery part of <font>
Vaughan's </font> Tale is untrue ? (THROCKM-E1-H,I,69.C1.330)

<font> Attourney . </font> You may see he will denie all , and say
there was no such Communication betwixt them .
(THROCKM-E1-H,I,69.C1.331)

<font> Throckmorton . </font> I confesse some part of <font> Vaughan's
</font> Confession to be true , as the Name , the Places , the Time ,
and some part of the Matter . (THROCKM-E1-H,I,69.C1.332)

<font> Attourney . </font> So you of the Jury may perceiue the Prisoner
doth confesse some thing to be true . (THROCKM-E1-H,I,69.C1.333)

<font> Throckmorton . </font> As touching my sending to Sir <font>
Peter Caroe </font> , or his sending to me , or concerning my Aduice to
M. <font> Wyat </font> to sturre , or to repaire hither , or touchyng
the Earl of <font> Deuon </font> parting hence , and my going with him
, and also concerning the matter of the Earle of <font> Pembroke
</font> , I do aduow and say that <font> Vaughan </font> hath said
untruely . (THROCKM-E1-H,I,69.C1.334)

<font> Southwell . </font> As for my Lord of <font> Pembroke </font> ,
you neede not excuse the matter , (THROCKM-E1-H,I,69.C1.335)

for he hath shewed himselfe cleere in these matters like a Nobleman ,
(THROCKM-E1-H,I,69.C1.336)

and that we all know . (THROCKM-E1-H,I,69.C1.337)

<font> Hare . </font> Why what was the talke betwixt <font> Vaughan
</font> and you so long in <font> Poules </font> , if these were not so
, (THROCKM-E1-H,I,69.C1.338)

and what meant your oft Meetings ? (THROCKM-E1-H,I,69.C1.339)

<font> Throckmorton . </font> As for our often Meetings , they were of
no set purpose , but by chance , and yet no oftner than twice ;
(THROCKM-E1-H,I,69.C1.340)

but sithence you would know what Communication passed betwixt us in
<font> Poules </font> Church , I will declare .
(THROCKM-E1-H,I,69.C1.341)

We talked of the Incommodities of the Marriage of the Queene with the
Prince of <font> Spayne </font> , and how {HELSINKI:'how'_missing}
grieuous the <font> Spanyards </font> would be to vs here .
(THROCKM-E1-H,I,69.C1.342)

<font> Vaughan </font> said , that it should be very dangerous for any
Man that truly professed the Gospel to liue here , such was the <font>
Spanyards </font> Crueltie , and especially against <P_I,69.C2>
Christian Men . Whereunto I answered , it was the Plague of God come
justly vpon vs ; (THROCKM-E1-H,I,69.C2.343)

and now Almighty God dealt with vs , as he did with the <font>
Israelites </font> , taking from them for their vnthankefulnes their
Godly Kings , and did send Tirants to raign over them ;
(THROCKM-E1-H,I,69.C2.344)

even so he handled us <font> Englishmen </font> , whiche hadde a most
godly and vertuous Prince to raigne ouer vs , my late Soueraigne Lord
and Maister King <font> Edwarde </font> , vnder whome we might both
safely and lawfully professe Gods Word ; which with our lewd doyngs ,
demeanour , and liuing , we handled so irreuerently , that to whip vs
for our Faultes , he woulde send vs Straungers , yea such very Tyrants
to exercise great Tyrannie ouer vs , and did take away the vertuous and
faithfull King from amongst us ; (THROCKM-E1-H,I,69.C2.345)

for euery Man of euery Estate did colour his naughty Affections with a
pretence of Religion , (THROCKM-E1-H,I,69.C2.346)

and made the Gospell a staulking Horse to bring their euil desires to
effect . (THROCKM-E1-H,I,69.C2.347)

This was the Summe of our talke in <font> Poules </font> , somewhat
more dilated . (THROCKM-E1-H,I,69.C2.348)

<font> Stanford . </font> That it may appeare yet more euidently howe
<font> Throckmorton </font> was a principal Doer and Counsellor in this
matter , you shall heare his owne Confession of his own hand writing .
(THROCKM-E1-H,I,69.C2.349)

The Clerke did begin to reade ; (THROCKM-E1-H,I,69.C2.350)

<font> Throckmorton </font> desired M. <font> Stanford </font> to read
it , and the Jury well to marke it . (THROCKM-E1-H,I,69.C2.351)

Then M. <font> Stanford </font> did read the Prisoner's own Confession
to this effect , that <font> Throckmorton </font> had Conference with
<font> Wyat , Caroe , Croftes , Rogers </font> and <font> Warner
</font> , as well of the Queenes Mariage with the Prince of <font>
Spayne </font> , as also of Religion , and did particularly confer with
euery the forenamed of the matters aforesaid .
(THROCKM-E1-H,I,69.C2.352)

Moreouer , with Sir <font> Thomas Wyat </font> , the Prisoner talked of
the bruite , that the Western Men should much mislike the comming of
the <font> Spanyards </font> into this Realme , beeing reported also
that they intended to interrupt theyr arriual here . And also that it
was said , that they wer in consultation about the same at <font>
Exeter </font> . (THROCKM-E1-H,I,69.C2.353)

<font> Wyat </font> also did say , that Sir <font> Peter Caroe </font>
could not bring the same matter to good effect ,
(THROCKM-E1-H,I,69.C2.354)

nor was there any Man so mete to bring it to good effect , as the Erle
of <font> Devon </font> ; and especially in the West Country , in as
much as they did not draw al by one line . (THROCKM-E1-H,I,69.C2.355)

Then <font> Throckmorton </font> ask'd how the <font> Kentishmen
</font> were affected to the <font> Spanyards </font> ?
(THROCKM-E1-H,I,69.C2.356)

<font> Wyat </font> said , the People like them euill ynough ,
(THROCKM-E1-H,I,69.C2.357)

and that appeared now at the comming of the Count <font> Egmont </font>
, (THROCKM-E1-H,I,69.C2.358)

for they were ready to sturre against him and his Traine , supposing it
had bin the Prince ; (THROCKM-E1-H,I,69.C2.359)

but said <font> Wyat </font> , Sir <font> Robert Southwel </font> , M.
<font> Baker </font> , and M. <font> Moyle </font> , and their
Affinitie , which bee in good Credite in some places of the Shire , wil
for other malicious Respects hinder the Libertie of their Country .
(THROCKM-E1-H,I,69.C2.360)

Then <font> Throckmorton </font> shuld say , though I know ther hath
bin an vnkindnesse betwixt M. <font> Southwell </font> and you for a
Money matter , wherein I trauelled to make you Friends , I doubt not ,
but in so honest a matter as this is , he will for the safegard of his
Country joyne with you , (THROCKM-E1-H,I,69.C2.361)

and so you may be sure of the Lord <font> Burgainey </font> and his
Force . (THROCKM-E1-H,I,69.C2.362)

Then <font> Wyat </font> said , it is for another matter than for Money
that we disagree , wherein he hath handled me and others very doubly
and vnneighbourly ; (THROCKM-E1-H,I,69.C2.363)

howbeit he can do no other , neither to me , nor to anye other Man ,
(THROCKM-E1-H,I,69.C2.364)

and therefore I forgiue him . (THROCKM-E1-H,I,69.C2.365)

<font> Item </font> , with Sir <font> Peter Caroe , Throckmorton
</font> had Conference touching the Impeachment of the landing of the
said Prince , and touchyng Prouision of Armour and Munition , as
ensueth ; <P_I,70.C1> that is to say , that Sir <font> Peter Caroe
</font> told <font> Throckmorton </font> , that he trusted his
Countrymen would be true <font> Englishmen </font> , and would not
agree to let the <font> Spanyards </font> to gouerne them .
(THROCKM-E1-H,I,70.C1.366)

<font> Item </font> , the said Sir <font> Peter Caroe </font> sayd ,
the matter importing the <font> French </font> King as it did , he
thought the <font> French </font> King would work to hinder the <font>
Spanyards </font> coming hither , with whome the said Sir <font> Peter
</font> dyd thinke good to practise for Armour , Municions and Money .
(THROCKM-E1-H,I,70.C1.367)

Then <font> Throckmorton </font> did advise him to beware that he
brought any <font> Frenchmen </font> into the Realme forceably , in as
much as he could as euill abyde the <font> Frenchmen </font> after that
sort as the <font> Spanyards </font> . (THROCKM-E1-H,I,70.C1.368)

And also <font> Throckmorton </font> thought the <font> French </font>
King vnable to giue aide to vs , by meanes of the great Consumption in
their own Warres . (THROCKM-E1-H,I,70.C1.369)

M. <font> Caroe </font> said , as touching the bringing in of <font>
Frenchmen </font> , he meant it not , for he loued neither Partie , but
to serue his own Countrey , and to help his Countrey from Bondage ;
declaring further to <font> Throckmorton </font> , that he had a small
Barke of his owne to worke his practise by ; (THROCKM-E1-H,I,70.C1.370)

and so he said , that shortely he intended to depart to his own
Countrey to vnderstand the Deuotion of his Countrymen .
(THROCKM-E1-H,I,70.C1.371)

<font> Item , Throckmorton </font> did say , he would for his part
hinder the comming in of the <font> Spaniards </font> as much as he
could by Perswasion . (THROCKM-E1-H,I,70.C1.372)

<font> Item </font> , to Sir <font> Edward Warner </font> , he had and
did bemone his owne Estate , and the Tyrannie of the tyme extended upon
dyuers honest Persons for Religion , (THROCKM-E1-H,I,70.C1.373)

and wished it were lawfull for all of each Religion to liue safely
according to their Conscience ; (THROCKM-E1-H,I,70.C1.374)

for the Law <paren> Ex officio </paren> will be intolerable ,
(THROCKM-E1-H,I,70.C1.375)

and the Cleargies discipline now may rather be resembled to the <font>
Turks </font> Tyrannie , than to the teaching of Christian Religion .
(THROCKM-E1-H,I,70.C1.376)

This was the Summe of the matter , whiche was red in the foresaid
Confession , as matters most grieuous against the Prisoner .
(THROCKM-E1-H,I,70.C1.377)

Then <font> Throckmorton </font> said , sithence M. Sergeante you haue
red and gathered the place as you think , that maketh most against me ,
I pray you take the Paynes , (THROCKM-E1-H,I,70.C1.378)

and reade further , that hereafter whatsoeuer become of me , my Words
be not peruerted and abused to the hurt of som others , and especially
against the great Personages , of whome I haue bin sundry times <paren>
as appeareth by my Answers </paren> examined ;
(THROCKM-E1-H,I,70.C1.379)

for I perceiue the Net was not-1 cast only for little Fishes , but for
the great ones , juxta adagium . (THROCKM-E1-H,I,70.C1.380)

<font> Stanford . </font> It shall be but losse of tyme ,
(THROCKM-E1-H,I,70.C1.381)

and we haue other things to charge you withall ,
(THROCKM-E1-H,I,70.C1.382)

and this that you desire doth make nothing for you .
(THROCKM-E1-H,I,70.C1.383)

<font> Dyer . </font> And for the better Confirmation of al the
Treasons objected against the Prisoner , and therein to proue him
giltie , you of the Jury shall heare the Duke of <font> Suffolkes
Depositions against him , who was a Principal , and hath suffered
accordingly . (THROCKM-E1-H,I,70.C1.384)

Then the said Sergeant red the Dukes Confession touching the Prisoner ,
amounting to this effect ; That the Lord <font> Thomas Grey </font> did
informe the said Duke , that Sir <font> Nicholas Throckmorton </font>
was privie to the whole Deuises againste the <font> Spanyardes </font>
, and was one that shoulde goe into the <font> West-Country </font>
with the Earle of <font> Deuonshire </font> .
(THROCKM-E1-H,I,70.C1.385)

<font> Throckmorton . </font> But what doth the principall Author of
thys matter say against me , I mean the Lord <font> Thomas Grey </font>
, who is yet liuing ? (THROCKM-E1-H,I,70.C1.386)

Why is not his Deposition brought against me ,
(THROCKM-E1-H,I,70.C1.387)

for so it ought to bee , if he can say any thing ?
(THROCKM-E1-H,I,70.C1.388)

Will you know the Trueth ? (THROCKM-E1-H,I,70.C1.389)

Neyther the Lord <font> Thomas Grey </font> hath sayd , can say , or
wil say any thing against me , notwithstanding the Duke his Brothers
Confession <P_I,70.C2> and Accusation , who hathe affirmed manye other
things besides the Trueth . (THROCKM-E1-H,I,70.C2.390)

I speake not without certaine knowledge : (THROCKM-E1-H,I,70.C2.391)

for the Lord <font> Thomas Grey </font> , being my Prison-Fellow for a
small time , informed me , that the Duke his Brother had misreported
him in many things , amongst others in matters touching me , which he
had declared to you Mr. <font> Southwell </font> , and other the
Examinors not long ago . (THROCKM-E1-H,I,70.C2.392)

I am sure if the Lord <font> Thomas </font> could or would haue said
any thing , it should haue bin here now : (THROCKM-E1-H,I,70.C2.393)

And as to the Dukes Confession , it is not material ,
(THROCKM-E1-H,I,70.C2.394)

for he doth referre the matter to the Lord <font> Thomas's </font>
Report , who hath made my Purgation . (THROCKM-E1-H,I,70.C2.395)

<font> Attorney . </font> And it please you my Lordes , and you my
Maisters of the Jury , besides these matters touching <font> Wyats
</font> Rebellion , Sir <font> Peter Caroes </font> Treasons , and
confederating with the Duke of <font> Suffolke </font> ; and besides
the Prisoners Conspiracie with the Earle of <font> Deuon </font> , with
<font> Crofts , Rogers , Warner </font> , and sundry others in sundrye
Places , it shall manifestly appeare vnto you , that <font>
Throckmorton </font> did conspire the Queens Majesties Death with
<font> William Thomas </font> , Sir <font> Nicholas Arnold </font> ,
and other Traitors intending the same ; which is the greatest matter of
all others , and most to be abhorred ; (THROCKM-E1-H,I,70.C2.396)

and for the Proofe hereof you shall heare what <font> Arnold </font>
sayth . (THROCKM-E1-H,I,70.C2.397)

Then was Sir <font> Nicholas Arnold's </font> Confession redde ,
affirming that <font> Throckmorton </font> shewed vnto him , riding
betwixt <font> Hinam </font> and <font> Crosse Laund </font> in <font>
Glocestershire </font> , that <font> John Fitz-williams </font> was
verye much displeased with <font> William Thomas </font> .
(THROCKM-E1-H,I,70.C2.398)

<font> Attorney . William Thomas </font> devised , that <font> John
Fitzwilliams </font> should kyll the Quene ; (THROCKM-E1-H,I,70.C2.399)

and <font> Throckmorton </font> knew of it , as appeareth by <font>
Arnold's </font> Confession . (THROCKM-E1-H,I,70.C2.400)

<font> Throckmorton . </font> First I denie that I saide anye suche
thing to Mr. <font> Arnold </font> ; (THROCKM-E1-H,I,70.C2.401)

and though he be an honest Man , he may either forget himself , or
deuise meanes how to vnburthen himselfe of so weightie a matter as this
is ; (THROCKM-E1-H,I,70.C2.402)

for he is charged with the mater as principal , which I did perceiue
when he charged mee with his Tale ; (THROCKM-E1-H,I,70.C2.403)

and therefore I do blame him the lesse , that he seeketh how to
discharge himself , vsing me as a witnes , if he could so transferre
the Deuice to <font> William Thomas </font> .
(THROCKM-E1-H,I,70.C2.404)

But truely , I neuer spake anye suche wordes vnto him ;
(THROCKM-E1-H,I,70.C2.405)

and for my better Declaration , I did see <font> John Fitzwilliams
</font> here euen now , who can testifie , that he neuer shewed me of
any Displeasure betwixt them : (THROCKM-E1-H,I,70.C2.406)

and as I know nothing of the Displeasure betwixt them , so I know
nothing of the Cause . (THROCKM-E1-H,I,70.C2.407)

I pray you , my Lordes , let him bee called to depose in thys matter
what hee can . (THROCKM-E1-H,I,70.C2.408)

Then <font> John Fitzwilliams </font> drew to the Barre ,
(THROCKM-E1-H,I,70.C2.409)

and presented himselfe to depose his knowledg in the matter in open
Court . (THROCKM-E1-H,I,70.C2.410)

<font> Attorney . </font> I pray you , my Lordes , suffer him not to be
sworne , neither to speake ; (THROCKM-E1-H,I,70.C2.411)

we haue nothing to do with him . (THROCKM-E1-H,I,70.C2.412)

<font> Throckmorton . </font> Why shulde hee not bee suffered to tell
Truthe ? (THROCKM-E1-H,I,70.C2.413)

And why bee yee not so well contented to heare Troth for mee , as
Untroth against me ? (THROCKM-E1-H,I,70.C2.414)

<font> Hare . </font> Who called you hither <font> Fitzwilliams </font>
, or commaunded you to speake ? (THROCKM-E1-H,I,70.C2.415)

you are a verye busie Officer . (THROCKM-E1-H,I,70.C2.416)

<font> Throckmorton . </font> I called him , (THROCKM-E1-H,I,70.C2.417)

and doe humbly desire , that he may speake and be heard as well as
<font> Vaughan </font> , (THROCKM-E1-H,I,70.C2.418)

or else I am not indifferently vsed ; specially seeing Maister Atturny
doth so presse this matter against me . (THROCKM-E1-H,I,70.C2.419)

<P_I,71.C1>

<font> Southwell . </font> Goe youre wayes <font> Fitzwilliams </font>
, (THROCKM-E1-H,I,71.C1.421)

the Courte hath nothing to doe with you ; (THROCKM-E1-H,I,71.C1.422)

peraduenture you woulde not bee so readie in a good Cause .
(THROCKM-E1-H,I,71.C1.423)

Then <font> John Fitzwilliams </font> departed the Court ,
(THROCKM-E1-H,I,71.C1.424)

and was not suffered to speake . (THROCKM-E1-H,I,71.C1.425)

<font> Throckmorton . </font> Since this Gentlemans Declaration maye
not bee admitted , I trust you of the Jurie can perceyue , it was not
for anye thing hee had to say against me ; but contrariwise , that it
was feared he woulde speake for mee . (THROCKM-E1-H,I,71.C1.426)

And nowe to Maister <font> Arnoldes </font> Depositions against me , I
say I did not tell him anye such wordes ; so as if it were material ,
there is but his yea and my nay . (THROCKM-E1-H,I,71.C1.427)

But because the wordes be not sore strayned against me , I praye you ,
Maister Atturney , why might not I haue tolde Maister <font> Arnolde
</font> , that <font> John Fitzwilliams </font> was angrie with <font>
William Thomas </font> , and yet knowe no cause of the Anger ?
(THROCKM-E1-H,I,71.C1.428)

it might be vnderstande , to disagree oftentimes .
(THROCKM-E1-H,I,71.C1.429)

Who doth confesse that I knowe any thing of <font> William Thomas
</font> Deuise touching the Quenes Death ? (THROCKM-E1-H,I,71.C1.430)

I will aunswere , no Man : (THROCKM-E1-H,I,71.C1.431)

For Maister <font> Arnolde </font> doth mention no worde of that matter
, but of the Displeasures betwixte them ; (THROCKM-E1-H,I,71.C1.432)

and to speake that , dothe neyther-1 proove Treason , nor knowledge of
Treason . (THROCKM-E1-H,I,71.C1.433)

Is here all the Euidence againste me that you haue to bring mee within
the compasse of the Inditement ? (THROCKM-E1-H,I,71.C1.434)

<font> Stanford . </font> $Me $think {TEXT:Methinke} the Matters
confessed by others against you , together with your owne Confession ,
will weye shrewdlye . (THROCKM-E1-H,I,71.C1.435)

But howe saye you to the Rising in <font> Kent </font> , and to <font>
Wiats </font> Attempte againste the Queenes Royal Person at hir Palace
? (THROCKM-E1-H,I,71.C1.436)

<font> Bromley . </font> Whye do you not reade <font> Wiat's </font>
Accusation to him , whiche dothe make him Partener to his Treasons ?
(THROCKM-E1-H,I,71.C1.437)

<font> Southwell . Wiat </font> hath grieuouslye accused you , and in
manye thinges that others haue confirmed . (THROCKM-E1-H,I,71.C1.438)

<font> Throckmorton . </font> Whatsoeuer <font> Wiat </font> hath saide
of me in hope of his Life , he vnsayde it at his Death .
(THROCKM-E1-H,I,71.C1.439)

For since I came into this Hall , I hearde one saye <paren> but I knowe
him not </paren> that <font> Wiat </font> , upon the Scaffolde , didde
not-1 onelye-2 purge my Ladie <font> Elizabeth </font> hir Grace , and
the Earle of <font> Deuonshire </font> , but also al the Gentlemen in
the <font> Tower </font> , saying , they were all ignoraunt of the
Sturre and Commotion ; in whiche number I take my selfe .
(THROCKM-E1-H,I,71.C1.440)

<font> Hare . </font> Notwithstanding he saide , all that he had
written and confessed to the Counsayle , was true .
(THROCKM-E1-H,I,71.C1.441)

<font> Throckmorton . </font> Nay , Sir , by your patience , Maister
<font> Wiat </font> sayde not so , (THROCKM-E1-H,I,71.C1.442)

that was Maister Doctors Addicion . (THROCKM-E1-H,I,71.C1.443)

<font> Southwell . </font> It appeareth you haue hadde good
Intelligence . (THROCKM-E1-H,I,71.C1.444)

<font> Throckmorton . </font> Almightie God prouided that Reuelation
for mee this Daye since I came hither : (THROCKM-E1-H,I,71.C1.445)

for I haue bene in close Prison these lviii. Dayes , where I hearde
nothing but what the Birdes tolde mee , which did flie ouer my heade .
(THROCKM-E1-H,I,71.C1.446)

And nowe to you of my Jurie I speake especiallye , whome I desire to
marke attentively , what shall be sayde : (THROCKM-E1-H,I,71.C1.447)

I haue been indited , as it appeareth , (THROCKM-E1-H,I,71.C1.448)

and now am arreigned of compassing the Queenes Majesties Death , of
levying Warre againste the Queene , of taking the Tower of <font>
London </font> , of deposing and depriuing the Queene of hir Royall
Estate , and finally to destroy hir , and of adherence to the Queenes
Enimies . Of all whiche Treasons , to proue mee guiltie , the Queenes
learned Counsayle hath giuen in Euidence these Pointes materiall : that
is to saye , for the compassing or imagining the Queenes Death , and
the <P_I,71.C2> Destruction of hir Royal Person , Sir <font> Nicholas
Arnoldes </font> Depositions ; whiche is , that I shoulde saye to the
said Sir <font> Nicholas </font> in <font> Glocestershire </font> that
Maister <font> John Fitzwilliams </font> was angrie with <font> William
Thomas </font> . Whereunto I haue aunswered , as you haue hearde ,
bothe denying the matter ; and for the proofe on my side , doe take
Exceptions , bicause there is no Witnesse but one .
(THROCKM-E1-H,I,71.C2.449)

And neuerthelesse , though it were graunted , the Depositions proue
nothing concerning the Queenes Death . (THROCKM-E1-H,I,71.C2.450)

For leuying of Warre againste the Queene , there is alledged my
Conference with Sir <font> Thomas Wiat </font> , Sir <font> James
Crofts </font> , Sir <font> Edwarde Rogers </font> , Sir <font> Edwarde
Warner </font> , againste the Marriage with <font> Spaine </font> , and
the comming of the <font> Spaniardes </font> hither ; which talke I doe
not denie in sorte as I spake it , and ment it ;
(THROCKM-E1-H,I,71.C2.451)

and notwithstanding the maliciovs gathering this Day of my Conference ,
proueth yet no levying of Warre . (THROCKM-E1-H,I,71.C2.452)

There is also alledged for proofe of the same Article , Sir <font>
James Croft's </font> Confession , which as you remember , implieth no
such thing , but generall talk againste the Mariage with <font> Spaine
</font> , and of my departing Westwarde with the Earl of <font> Devon
</font> , which the sayde <font> James </font> doth not auowe ,
(THROCKM-E1-H,I,71.C2.453)

and therefore I praye you consider it as not spoken .
(THROCKM-E1-H,I,71.C2.454)

There is also for proofe of the sayde Article , the Duke of <font>
Suffolkes </font> Confession , with whom I neuer had Conference ;
(THROCKM-E1-H,I,71.C2.455)

and therefore he advouched the tale of his Brother's Mouth , who hath
made my Purgation in those Matters , (THROCKM-E1-H,I,71.C2.456)

and yet if the matter were proued , they be not greatly materiall in
Lawe . (THROCKM-E1-H,I,71.C2.457)

There is also alledged for the further proofe of the same Article , and
for deposing and depriuing the Queene of hir Royall Estate , and for my
adhering to the Queenes Enimies , <font> Cuthert Vaughan's </font>
Confession , whose Testimonie I have sufficiently disproued by sundrie
Authorities and Circumstances , and principally by your owne Lawe ,
which dothe require two lawfull and sufficient Witnesses to be brouyght
face to face . (THROCKM-E1-H,I,71.C2.458)

Also for the taking of the Tower of <font> London </font> , there is
alledged <font> Winter's </font> Depositions , which vttereth my
misliking , when he vttered vnto mee Sir <font> Thomas Wiat's </font>
Resolution and Deuise for attempting of the sayde peece .
(THROCKM-E1-H,I,71.C2.459)

And last of all , to enforce these matters , mine owne Confession is
engrieued greatly against me , wherein there doth appeare neyther
Treason , neyther concelement of Treason , neyther whispering of
Treason , nor procurement of Treason . (THROCKM-E1-H,I,71.C2.460)

And for as much as I am come hither to be tried by the Lawe , though my
Innocencie of all these Pointes materiall objected , be apparant to
acquite mee , whervnto I doe principallye cleaue ; yet I will for your
better Credit and Satisfactions shewe you euidentlye , that if you
woulde beleeue all the Depositions layde against me , which I trust you
will not doe , I ought not to be attainted of the Treason comprised
within my Inditement , considering the Statute of Repeale the last
Parliament , of all Treasons , other than suche as be declared in the
xxv. Yeare of King <font> Edwarde </font> the Third ; both which
Statutes I pray you my Lords may be redde here to the Enquest .
(THROCKM-E1-H,I,71.C2.461)

<font> Bromley . </font> No , for there shall be no Bookes brought at
your desire ; (THROCKM-E1-H,I,71.C2.462)

we know the Law sufficiently withoute Booke .
(THROCKM-E1-H,I,71.C2.463)

<font> Throckmorton . </font> Do you bring me hither to trie mee by the
Lawe , (THROCKM-E1-H,I,71.C2.464)

and will not shewe me the Lawe ? (THROCKM-E1-H,I,71.C2.465)

What is your Knowledge of the Lawe to these Mens Satisfactions , which
haue my Triall in hande ? (THROCKM-E1-H,I,71.C2.466)

I pray you , my Lordes , and my Lordes <P_I,72.C1> all , let the
Statutes bee redde , as well for the Queene , as for mee .
(THROCKM-E1-H,I,72.C1.467)

<font> Stanford . </font> My Lord Chief Justice can shew the Lawe , and
will , if the Jurie doe doubt of any Poynt . (THROCKM-E1-H,I,72.C1.468)

<font> Throckmorton . </font> You knowe it were indifferent that I
should knowe and heare the Law whereby I am adjudged ;
(THROCKM-E1-H,I,72.C1.469)

and forasmuch as the Statute is in <font> Englishe </font> , Men of
meaner Learning than the Justices , can vnderstande it ,
(THROCKM-E1-H,I,72.C1.470)

or else how shoulde we know when we offend ? (THROCKM-E1-H,I,72.C1.471)

<font> Hare . </font> You knowe not what belongeth to youre case ,
(THROCKM-E1-H,I,72.C1.472)

and therefore we must teach you : (THROCKM-E1-H,I,72.C1.473)

it appertaineth not to vs to prouide Bookes for you ,
(THROCKM-E1-H,I,72.C1.474)

neyther sit wee here to be taught of you ; (THROCKM-E1-H,I,72.C1.475)

you should haue taken better hede to the Law before you had come hither
. (THROCKM-E1-H,I,72.C1.476)

<font> Throckmorton . </font> Bicause I am ignoraunt , I woulde learne
, (THROCKM-E1-H,I,72.C1.477)

and therefore I haue more neede to see the Law ,
(THROCKM-E1-H,I,72.C1.478)

and partlye as well for the Instructions of the Jurie , as for my owne
Satisfaction , which mee thinke , were for the Honor of this Presence .
(THROCKM-E1-H,I,72.C1.479)

And now if it please you my Lorde Chiefe Justice , I do direct my
Speach specially to you . (THROCKM-E1-H,I,72.C1.480)

What time it pleased the Queenes Majestie , to call you to this
Honourable Office , I did learne of a great Personage of hir Highnesse
Priuie Counsayle , that amongst other good Instructions , hir Majestie
charged and enjoyned you to minister the Law and Justice indifferently
without respect of Persons . (THROCKM-E1-H,I,72.C1.481)

And notwithstanding the old Error amongst you , whiche did not admit
any Witnesse to speake , or any other matter to be hearde in the favor
of the Aduersarie , hir Majestie being partie , hir Highnes pleasure
was , that whatsoeuer could be brought in the fauor of the Subject ,
shoulde be admitted to be hearde . And moreouer , that you specially ,
and likewise all other Justices , shoulde not persuade themselues to
sit in Judgment otherwise for hir Highnesse , than for hir Subject .
(THROCKM-E1-H,I,72.C1.482)

Therefore this maner of indifferent proceeding being principally
enjoined by Gods Commandement , which I had thought partly to haue
remembred you and others here in Commission in the beginning , if I
might haue had leaue ; and the same also being commanded you by the
Queenes owne Mouth , me think you ought of right to suffer me to haue
the Statutes red openly , and also to reject nothing that coulde be
spoken in my Defence : (THROCKM-E1-H,I,72.C1.483)

and in thus doing you shal shew your selves worthy Ministers , and fit
for so worthie a Mistresse . (THROCKM-E1-H,I,72.C1.484)

<font> Bromley , </font> You mistake the matter ,
(THROCKM-E1-H,I,72.C1.485)

the Queene spake those Wordes to maister <font> Morgan </font> Chiefe
Justice of the Common Place ; (THROCKM-E1-H,I,72.C1.486)

but you haue no cause to complaine , (THROCKM-E1-H,I,72.C1.487)

for you haue been suffered to talke at your pleasure .
(THROCKM-E1-H,I,72.C1.488)

<font> Hare . </font> What woulde you doe with the Statute-Booke ?
(THROCKM-E1-H,I,72.C1.489)

the Jury doth not require it , (THROCKM-E1-H,I,72.C1.490)

they haue hearde the Euidence , (THROCKM-E1-H,I,72.C1.491)

and they must vppon their Conscience trie whether you bee guiltie or no
, so as the Booke needeth not : (THROCKM-E1-H,I,72.C1.492)

if they will not credite the Euidence so apparent , then they know what
they haue to doe . (THROCKM-E1-H,I,72.C1.493)

<font> Cholmley . </font> You ought not to haue any Bookes red here at
your Appointment , (THROCKM-E1-H,I,72.C1.494)

for where doth aryse any doubte in the Law , the Judges sitte here to
informe the Court ; (THROCKM-E1-H,I,72.C1.495)

and now you doe but spende time . (THROCKM-E1-H,I,72.C1.496)

<font> Attourney . </font> I pray you my Lorde Chiefe Justice repeate
the Euidence for the Queene , (THROCKM-E1-H,I,72.C1.497)

and giue <P_I,72.C2> the Jurie their Charge ,
(THROCKM-E1-H,I,72.C2.498)

for the Prisoner will keepe you here all day .
(THROCKM-E1-H,I,72.C2.499)

<font> Bromley . </font> How saye you , (THROCKM-E1-H,I,72.C2.500)

haue you any more to saye for your selfe ? (THROCKM-E1-H,I,72.C2.501)

<font> Throckmorton . </font> You seeme to giue and offer mee the Lawe
, (THROCKM-E1-H,I,72.C2.502)

but in very dede I haue only the Forme and Image of the Lawe ;
(THROCKM-E1-H,I,72.C2.503)

neuerthelesse , since I $can $not {TEXT:cannot} be suffred to haue the
Statutes red openly in the Booke , I will by your Pacience gesse at
them , as I may , (THROCKM-E1-H,I,72.C2.504)

and I pray you to help me if I mistake , (THROCKM-E1-H,I,72.C2.505)

for it is long since I did see them . (THROCKM-E1-H,I,72.C2.506)

The Statute of Repeale made the last Parliament hath these Wordes , Be
it enacted by the Queene , that from henceforth none Acte , Deede , or
Offence , being by Acte of Parliament or Statute made Treason , Petit
Treason , or Misprision of Treason , by Words , Writing , Printing ,
Ciphering , Deedes , or otherwise whatsoeuer , shall be taken , had ,
deemed , or adjudged Treason , Petit Treason , but only such as be
declared , or expressed to be Treason , in or by an Acte of Parliament
made in the xxv. Yeare of <font> Edward </font> III. touching and
concerning Treasons , and the Declaration of Treasons , and none other
. (THROCKM-E1-H,I,72.C2.507)

Here may you see this Statute doth referre all the Offences aforesayde
, to the Statute of the xxv. of <font> Edward </font> III. which
Statute hath these Wordes touching and concerning the Treasons that I
am indited and arraigned of ; that is to saye , Whosoeuer doth compasse
or imagine the Death of the King , or leuie War against the King in his
Realm , or being adherent to the Kings Enimies within this Realme , or
elsewhere , or be thereof probably attained by open Deede by People of
their Condition , shall be adjudged a Traytor .
(THROCKM-E1-H,I,72.C2.508)

Now I praye you of my Jurie which haue my Lyfe in Triall , note well
what things at this daye bee Treasons , and howe these Treasons must be
tried and decerned , that is to saye , by open Deede , which the Lawes
doth at some time terme <font> ouert acte </font> .
(THROCKM-E1-H,I,72.C2.509)

And now I aske , notwithstanding my Inditement , which is but matter
alledged , where doth appeare the open Deede of any compassing or
imagining the Queenes Death ; (THROCKM-E1-H,I,72.C2.510)

or where doth appeare any open Deede of being adherent to the Queenes
Enimies , giuing to them ayde and comfort ; (THROCKM-E1-H,I,72.C2.511)

or where doth appeare any open Deede of taking the Tower of <font>
Loudon </font> ? (THROCKM-E1-H,I,72.C2.512)

<font> Bromley . </font> Why doe not you of the Queenes learned
Counsell aunswere him ? (THROCKM-E1-H,I,72.C2.513)

Me thinke , <font> Throckmorton </font> , you neede not to haue the
Statutes , (THROCKM-E1-H,I,72.C2.514)

for you haue them meetely perfectly . (THROCKM-E1-H,I,72.C2.515)

<font> Stanford . </font> You are deceyued , to conclude all Treasons
in the Statute of the xxv. Year of <font> Edwarde </font> the Thirde ;
(THROCKM-E1-H,I,72.C2.516)

for that Statute is but a Declaration of certaine Treasons , whiche
were Treasons before at the Common Lawe . (THROCKM-E1-H,I,72.C2.517)

Euen so there doth remayne diuers other Treasons at this day at the
Common Lawe , which be not expressed by that Statute , as the Judges
can declare . (THROCKM-E1-H,I,72.C2.518)

Neuerthelesse , there is matter sufficient alledged and proued against
you to bringe you within the compasse of the same Statute .
(THROCKM-E1-H,I,72.C2.519)

<font> Throckmorton . </font> I praye you expresse those Matters that
bring me within the compasse of the Statute of <font> Edwarde </font>
the Third ; (THROCKM-E1-H,I,72.C2.520)

for the Wordes be these , And be thereof attainted by open Deede by
People of like Condicion . (THROCKM-E1-H,I,72.C2.521)

<font> Bromley . Throckmorton </font> , you deceyue your selfe ,
(THROCKM-E1-H,I,72.C2.522)

and mistake these Wordes , by People of their Condicion ;
(THROCKM-E1-H,I,72.C2.523)

for thereby the Lawe doth vnderstande <P_I,73.C1> the discouering of
your Treasons . (THROCKM-E1-H,I,73.C1.524)

As for example , <font> Wiat </font> and the other Rebelles , attainted
for their great Treasons , already declare you to be his and their
adherent , in as much as diuerse and sundrie times you had Conference
with him and them aboute the Treason ; so as <font> Wiat </font> is now
one of your Condicion , who as all the Worlde knoweth , hath committed
an open trayterous Fact . (THROCKM-E1-H,I,73.C1.525)

<font> Throckmorton . </font> By your leaue , my Lorde , this is a very
straunge and singular Understanding . (THROCKM-E1-H,I,73.C1.526)

For I suppose the meaning of the Lawe-makers did vnderstande these
Wordes , By People of their Condicion , of the State and Condicion of
those Persons whiche shoulde bee on the Inquest to trie the Partie
arreygned , guiltie or not guiltie , and nothing to be bewraying of the
Offence by another Man's act , as you say : (THROCKM-E1-H,I,73.C1.527)

for what haue I to doe with <font> Wiat's </font> actes , that was not
nigh him by one hundred Myles ? (THROCKM-E1-H,I,73.C1.528)

<font> Attorney . </font> Will you take vppon you to skill better of
the Lawe than the Judges ? (THROCKM-E1-H,I,73.C1.529)

I doubt not but you of the Jurie will credit as it becommeth you .
(THROCKM-E1-H,I,73.C1.530)

<font> Cholmley . </font> Concerning the true vnderstanding of these
Words , By People of their Condicion , my Lord Chiefe Justice here hath
declared the Truth ; (THROCKM-E1-H,I,73.C1.531)

for <font> Wiat </font> was one of your Condicion , that is to say , of
your Conspiracie . (THROCKM-E1-H,I,73.C1.532)

<font> Hare . </font> You doe not denie , <font> Throckmorton </font> ,
but that there hath bene Conference , and sending betweene <font> Wiat
</font> and you , (THROCKM-E1-H,I,73.C1.533)

and he and <font> Winter </font> doth confesse the same , with others ;
so as it is playne , <font> Wiat </font> may well be called one of your
Condicion . (THROCKM-E1-H,I,73.C1.534)

<font> Throckmorton . </font> Well , seeing you my Judges rule the
vnderstanding of these Wordes in the Statute , By People of your
Condicion , thus straungelye against mee , I will not stande longer
vppon them . (THROCKM-E1-H,I,73.C1.535)

But where dothe appeare in mee an open Deede , wherevnto the Treason is
speciallye referred ? (THROCKM-E1-H,I,73.C1.536)

<font> Bromley . </font> If thre or foure do talke , deuise , and
conspire togither of a trayterous Acte to be done , and afterwards one
of them doth commit Treason , as <font> Wiat </font> did ; then the
Lawe doth repute them , and euerye of them as their Actes ; so as
<font> Wiat's </font> Actes do implie and argue your open Deede ,
(THROCKM-E1-H,I,73.C1.537)

and so the Lawe doth terme it and take it . (THROCKM-E1-H,I,73.C1.538)

<font> Throckmorton . </font> These be marueylous Expositions , and
wonderfull Implications , that another Man's acte , whereof I was not
privy , should be accounted myne ; (THROCKM-E1-H,I,73.C1.539)

for <font> Wiat </font> did purge me that I knew nothing of his stirre
. (THROCKM-E1-H,I,73.C1.540)

<font> Hare . </font> Yea , Sir , but you were a principal Procurer and
Contriuer of <font> Wiat's </font> Rebellion , though you were not with
him when he made the stirre . (THROCKM-E1-H,I,73.C1.541)

And as my Lord here hath sayd , the Law always doth adjudge him a
Traytor , who was priuie and doth procure Treason , or any other Man to
committe Treason , or a trayterous acte , as you did <font> Wiat
</font> , and others ; (THROCKM-E1-H,I,73.C1.542)

for so the Ouert Acte of those whiche did it by your Procurement ,
shall in this case be accounted your open Deede .
(THROCKM-E1-H,I,73.C1.543)

We have a common case in the Lawe , if one by Procurement shoulde
disseyse you of your Lande , the Lawe holdeth vs both wrong doers ,
(THROCKM-E1-H,I,73.C1.544)

and giueth remedie as well against the one as the other .
(THROCKM-E1-H,I,73.C1.545)

<font> Throckmorton . </font> For God's sake applie not such
Constructions against me ; (THROCKM-E1-H,I,73.C1.546)

and though my present Estate doth not moue you , yet it were well you
shoulde consider your Office , and think what measure you giue to
others , (THROCKM-E1-H,I,73.C1.547)

you your selues I say shall assuredly receyue the same agayne .
(THROCKM-E1-H,I,73.C1.548)

<P_I,73.C2>

The state of mortall Life is such , that Men know full little what
hangeth ouer them . (THROCKM-E1-H,I,73.C2.550)

I put on within this xii. Moneths such a Mind , that I moste wofull
Wight , was unlike to stande here , as some of you that sit there .
(THROCKM-E1-H,I,73.C2.551)

As to your case last recited , whereby you woulde conclude , I haue
remembred and learned of you Master <font> Hare </font> , and you
Master <font> Stanforde </font> in the Parliament House , where you did
sit to make Lawes , to expounde and explaine the Ambiguities and
Doubtes of Lawe sincerely , and that without Affections :
(THROCKM-E1-H,I,73.C2.552)

There , I say , I learned of you , and others my Maisters of the Lawe ,
this difference betwixt such Cases as you remembred one euen nowe , and
the Statute whereby I am to be tried . (THROCKM-E1-H,I,73.C2.553)

There is a Maxime or Principle in the Lawe , which ought not to be
violated , That no penal Statute may , ought , or shoulde be construed
, expounded , extended , or wrested , otherwise than the simple Wordes
and nude Letter of the same Statute doth warrant and signifie .
(THROCKM-E1-H,I,73.C2.554)

And amongst diuers good and notable Reasons by you there in the
Parliament House debated , Maister Sergeant <font> Stanforde </font> ,
I noted this one , why the said Maxime ought to be inuiolable :
(THROCKM-E1-H,I,73.C2.555)

you said , considering the priuate Affections many tymes both-1 of
Princes and Ministers within this Realme , for that they were Men , and
woulde and coulde erre , it shoulde be no Securitie , but very
daungerous to the Subject , to referre the Construction , and extending
of Penall Statutes to anye Judges Equitie , as you termed it , which
might eyther by feare of the higher Powers be seduced , or by
Ignoraunce and Follye abused . (THROCKM-E1-H,I,73.C2.556)

And that is an aunswere by procurement . (THROCKM-E1-H,I,73.C2.557)

<font> Bromley . </font> Notwithstanding the principle , as you alledge
it , and the precisenesse of your sticking to the bare wordes of the
Statute , it doth appeare and remaine of recorde in our Learning , that
diuerse Cases haue bene adjudged Treason , without the express wordes
of the Statute , as the Quenes learned Counsell there can declare .
(THROCKM-E1-H,I,73.C2.558)

<font> Attourney . </font> It doth appeare , the Prisoner did not only
intise or procure <font> Wiat , Caroe , Rogers </font> , and others ,
to commite their trayterous Actes , and there doth his open factes
appear , whiche <font> Vaughan's </font> Confession doth witnesse ; but
also he did mynde shortlye after to associate himselfe with those
Traytours ; (THROCKM-E1-H,I,73.C2.559)

for hee minded to haue departed with the Earle of <font> Deuonshire
</font> Westwardes . (THROCKM-E1-H,I,73.C2.560)

<font> Throckmorton . </font> My Innocencie concerning these matters ,
I trust , sufficiently appeareth by my former Aunswers ,
notwithstanding the condempned Man's unjust Accusation .
(THROCKM-E1-H,I,73.C2.561)

But because the true understanding of the Statute is in question ; I
saye , procurement , and specially by words onely , is without the
compasse of it : (THROCKM-E1-H,I,73.C2.562)

and that I doe learne and proue by the principle which I learned of
Maister <font> Stanforde </font> . (THROCKM-E1-H,I,73.C2.563)

<font> Stanforde . </font> Maister <font> Throckmorton </font> , you
and I maye not agree this Day in the understanding of the Lawe ,
(THROCKM-E1-H,I,73.C2.564)

for I am for the Queene , (THROCKM-E1-H,I,73.C2.565)

and you speake for your selfe : (THROCKM-E1-H,I,73.C2.566)

the Judges must determine the matter . (THROCKM-E1-H,I,73.C2.567)

<font> Bromley . </font> He that doth procure another Man to commit a
Felonie or a Murther , I am sure you know well ynough , the Law doth
adjudge the Procurer there , a Felon or a Murtherer ;
(THROCKM-E1-H,I,73.C2.568)

and in case of Treason , it hath bene alwayes so taken and reputed .
(THROCKM-E1-H,I,73.C2.569)

<font> Throckmorton . </font> I doe and must cleaue to my Innocencie ,
(THROCKM-E1-H,I,73.C2.570)

for I procured no Man to committe <P_I,74.C1> Treason ;
(THROCKM-E1-H,I,74.C1.571)

but yet for my Learning I desire to heare some case so ruled , when the
Lawe was as it is nowe . (THROCKM-E1-H,I,74.C1.572)

I do confesse it , that at suche time there were Statutes prouided for
the procurer , counsaylour , ayder , abetter , and suche like , as
there were in King <font> Henrie </font> the $VIIIth $'s
{TEXT:VIIIth's} tyme , you might lawfullye make this cruell
Construction , and bring the procurer within the compasse of the Lawe .
(THROCKM-E1-H,I,74.C1.573)

But these Statutes being repealed , you ought not nowe so to doe ;
(THROCKM-E1-H,I,74.C1.574)

and as to the principal procurer in Fellonie and Murther , it is not
lyke as in Treason , (THROCKM-E1-H,I,74.C1.575)

for the Principal and Accessaries in Felonie and Murther be triable and
punishable by the common Law ; (THROCKM-E1-H,I,74.C1.576)

and so in those cases the Judges may use their Equitie , extending the
determinacion of the fault as they thinke good :
(THROCKM-E1-H,I,74.C1.577)

but in Treason it is otherwise , the same being limited by Statute Law
, which I say and aduow is restreyned from any Judges Construction by
the Maxime that I recited . (THROCKM-E1-H,I,74.C1.578)

<font> Stanforde . </font> Your Lordships do know a case in R. 3. time
, where the Procurer to counterfeyt false Money , was judged a Traytor
, and the Law was as it is now . (THROCKM-E1-H,I,74.C1.579)

<font> Hare . </font> Maister Sergeaunt doth remember you <font>
Throckmorton </font> , of an Experience before our time , that the Lawe
hath bene so taken , and yet the procurer was not expressed in the
Statute , (THROCKM-E1-H,I,74.C1.580)

but the Lawe hath ben always so taken . (THROCKM-E1-H,I,74.C1.581)

<font> Throckmorton . </font> I neuer studied the Law , wherof I do
much repent mee ; (THROCKM-E1-H,I,74.C1.582)

yet I remember , whylest Penall Statutes were talked of in the
Parliament-House , you the learned Men of the House remembred some
Cases contrarie to this last spoken of . (THROCKM-E1-H,I,74.C1.583)

And if I misreport them , I pray you helpe me .
(THROCKM-E1-H,I,74.C1.584)

In the like case you speake of concerning the Procurer to counterfeyte
false Money ; at one time the Procurer was judged a Fellon , and at
another time neither Fellon nor Traytor ; so as some of your
Predecessours adjudged the Procurer no Traytour in the same case , but
leaned to their principle , though some other extende their
Constructions too large . (THROCKM-E1-H,I,74.C1.585)

And here is two cases with me , for one against me .
(THROCKM-E1-H,I,74.C1.586)

<font> Bromley . </font> Bicause you replie so sore upon the principle
, I will remember , where one taking the Great Seale of <font> Englande
</font> from one Writing , and putting it to another , was adjudged a
Traytour in <font> Henry </font> the $IVth $'s {TEXT:IVth's} tyme , and
yet his act was not within the expresse words of the Statute of <font>
Edwarde </font> the Third . (THROCKM-E1-H,I,74.C1.587)

There be diuerse other such like cases that maye be alledged and need
were . (THROCKM-E1-H,I,74.C1.588)

<font> Throckmorton . </font> I pray you my Lord Chiefe Justice , call
to your good Remembraunce , that in the selfe same case of the Seale ,
Justice <font> Spilman </font> , a graue and well learned Man , since
that time , woulde not condemn the Offender , but did reproue that
former Judgment by you last remembred , as erronious .
(THROCKM-E1-H,I,74.C1.589)

<font> Stanforde . </font> If I had thought you had bene so well
furnished with Booke Cases , I woulde haue bene better prouided for you
. (THROCKM-E1-H,I,74.C1.590)

<font> Throckmorton . </font> I haue nothing but I lerned of you
specially M. Sergeant , and of others my Masters of the Law in the
Parliament House ; (THROCKM-E1-H,I,74.C1.591)

and therefore I may say with the Prophet , Salutem ex inimicis nostris
. (THROCKM-E1-H,I,74.C1.592)

<font> Southwell . </font> You have a very good Memorie .
(THROCKM-E1-H,I,74.C1.593)

<font> Attorney . </font> If the Prisoner may auoyde his Treasons after
this maner , the Queenes Suretie shall bee in great jeoperdy .
(THROCKM-E1-H,I,74.C1.594)

For <font> Jack Cade </font> , the Blacksmith , and diuerse other
Traytors , sometime alledging the Law for them , sometime they ment no
harm <P_I,74.C2> to the King , but against his Counsell ; as <font>
Wiat </font> , the Duke of <font> Suffolke </font> , and these did
against the <font> Spanyardes </font> , when there was no <font>
Spanyardes </font> within the Realme . (THROCKM-E1-H,I,74.C2.595)

The Duke and his Brethren did mistake the Lawe , as you doe ,
(THROCKM-E1-H,I,74.C2.596)

yet at length did confesse their Ignorance , (THROCKM-E1-H,I,74.C2.597)

and submitted themselves . (THROCKM-E1-H,I,74.C2.598)

And so were you best to doe . (THROCKM-E1-H,I,74.C2.599)

<font> Throckmorton . </font> As to <font> Cade </font> and the
Blacksmith , I am not so well acquainted with their Treasons as you bee
; (THROCKM-E1-H,I,74.C2.600)

but I haue red in the Chronicle , they were in the Fielde with a force
against the Prince , whereby a manifest acte did appeare .
(THROCKM-E1-H,I,74.C2.601)

As to the Duke of <font> Suffolke's </font> doings , they appertaine
not to mee . (THROCKM-E1-H,I,74.C2.602)

And tho you woulde compare my speache and talke against the <font>
Spanyardes </font> , to the Duke's actes , who assembled a force in
Armes , it is euident they differ much : (THROCKM-E1-H,I,74.C2.603)

I am sorie to engreue any other Mans doings ;
(THROCKM-E1-H,I,74.C2.604)

but it serueth me for a piece of my Defence ,
(THROCKM-E1-H,I,74.C2.605)

and therefore I wish that no Man should gather euil of it ,
(THROCKM-E1-H,I,74.C2.606)

God forbid that words and acts be thus confounded .
(THROCKM-E1-H,I,74.C2.607)

<font> Attorney . </font> Sir <font> William Stanley </font> used this
shifte that the Prisoner useth now , (THROCKM-E1-H,I,74.C2.608)

he sayde he did not leuie War against King <font> Henry </font> the
VII. (THROCKM-E1-H,I,74.C2.609)

but sayde to the Duke of <font> Buckingham </font> , that in a good
Quarrell he wold aid him with Men ; (THROCKM-E1-H,I,74.C2.610)

and neverthelesse <font> Stanley </font> was for those Words attainted
, who , as all the Worlde knoweth , had before that time serued the
King very faithfully and truly . (THROCKM-E1-H,I,74.C2.611)

<font> Throckmorton . </font> I pray you Maister Attorney do not
conclude me by blinde contraries . (THROCKM-E1-H,I,74.C2.612)

Whether you alledge <font> Stanleyes </font> case trulye or no , I
knowe not . (THROCKM-E1-H,I,74.C2.613)

But admitte it be as you saye , (THROCKM-E1-H,I,74.C2.614)

what dothe this proue against me ? (THROCKM-E1-H,I,74.C2.615)

I promised no ayde to Maister <font> Wiat </font> , nor to anye other .
(THROCKM-E1-H,I,74.C2.616)

The Duke of <font> Buckingham </font> leuied Warre against the King ,
with whom <font> Stanley </font> was confederate so to doe , as you
saye . (THROCKM-E1-H,I,74.C2.617)

<font> Attorney . </font> I pray you , my Lords , that be the Queenes
Commissioners , suffer not the Prisoner to vse the Queenes learned
Counsell thus ; (THROCKM-E1-H,I,74.C2.618)

I was neuer interrupted thus in my Life , (THROCKM-E1-H,I,74.C2.619)

nor I neuer knewe any thus suffered to talke , as this Prisoner is
suffered : (THROCKM-E1-H,I,74.C2.620)

some of us will come no more at the Barre , and we be thus handled .
(THROCKM-E1-H,I,74.C2.621)

<font> Bromley . Throckmorton </font> , you must suffer the Queenes
learned Counsell to speake , (THROCKM-E1-H,I,74.C2.622)

or else we must take order with you ; (THROCKM-E1-H,I,74.C2.623)

you haue had leaue to talke at your pleasure .
(THROCKM-E1-H,I,74.C2.624)

<font> Hare . </font> It is proued that you did talke with <font> Wiat
</font> against the comming of the <font> Spanyardes </font> , and
deuised to interrupt their arrivall , (THROCKM-E1-H,I,74.C2.625)

and you promised to doe what you coulde againste them ; wherevpon
<font> Wiat </font> being encouraged by you , did levie a force , and
attempted Warre against the Queenes Royal Person .
(THROCKM-E1-H,I,74.C2.626)

<font> Throckmorton . </font> It was no Treason , nor no procurement of
Treason , to talke agaynste the comming hither of the <font> Spanyardes
</font> , (THROCKM-E1-H,I,74.C2.627)

neyther it was Treason for me to saye , I woulde hynder their commyng
hither as muche as I coulde , vnderstanding me rightly as I meant it ;
(THROCKM-E1-H,I,74.C2.628)

yea though you would extend it to the worste , it was but Words ,
(THROCKM-E1-H,I,74.C2.629)

it was not Treason at this day as the Law standeth :
(THROCKM-E1-H,I,74.C2.630)

and as for <font> Wiat's </font> doings , they touche me nothing ,
(THROCKM-E1-H,I,74.C2.631)

for at his Death , when it was no tyme to report untruly , he purged me
. (THROCKM-E1-H,I,74.C2.632)

<font> Bromley . </font> By sundry Cases remembred here by the Queenes
learned Counsell , as you have hearde , that procurement which did
appear no otherwyse but by Words , and those you would make nothing ,
hath bin of long tyme , and by sundry <P_I,75.C1> well learned Men in
the Lawes adjudged Treason . (THROCKM-E1-H,I,75.C1.633)

And therefore your procurement being so euident as it is , we may
lawfully say it was Treason , bycause <font> Wiat </font> perfourmed a
trayterous acte . (THROCKM-E1-H,I,75.C1.634)

<font> Throckmorton . </font> As to the said alledged fore Precedents
against me , I haue recited as many for me , (THROCKM-E1-H,I,75.C1.635)

and I would you my Lord Chief Justice shuld incline your Judgements
rather after the example of your honourable Predecessors , Justice
<font> Markham </font> , and others , which did eschewe corrupte
Judgements , judging directly and sincerely after the Law , and the
Principles in the same , than after such Men , as swaruing from the
Truth , the Maxime , and the Law , did judge corruptely , maliciously ,
and affectionately . (THROCKM-E1-H,I,75.C1.636)

<font> Bromley . </font> Justice <font> Markham </font> had reason to
warrant his doings ; (THROCKM-E1-H,I,75.C1.637)

for it did appeare , a Merchant of <font> London </font> was arraigned
and slanderously accused of Treason for compassing and imagining the
King's Death , (THROCKM-E1-H,I,75.C1.638)

he did say he would make his Sonne Heire of the Crown ,
(THROCKM-E1-H,I,75.C1.639)

and the Merchant meant it of a House in <font> Cheapside </font> at the
Signe of the <font> Crowne </font> ; (THROCKM-E1-H,I,75.C1.640)

but your case is not so . (THROCKM-E1-H,I,75.C1.641)

<font> Throckmorton . </font> My Case doth differ , I graunt , but
specially bicause I haue not suche a Judge : (THROCKM-E1-H,I,75.C1.642)

yet there is another cause to restraine these your strange and
extraordinarie Constructions ; that is to say , a Prouiso in the latter
ende of the Statute of <font> Edwarde </font> the Thirde , hauyng these
Wordes : Provided always , if any other Case of supposed Treason shall
chaunce hereafter to come in Question or Trial before any Justice ,
other than is in the said Statute expressed , that then the Justice
shall forbear to adjudge the sayd case , untill it be shewed to the
Parliament to trie , whether it should be Treason or Felonie .
(THROCKM-E1-H,I,75.C1.643)

Here you are restrained by expresse Words to adjudge any case that is
not manifestly mentioned before , and untill it be shewed to the
Parliament . (THROCKM-E1-H,I,75.C1.644)

<font> Portman . </font> That Prouiso I understand of cases , that may
come in trial , which hath bin in vre , (THROCKM-E1-H,I,75.C1.645)

but the Law hath always taken the Procurer to be a principal Offender .
(THROCKM-E1-H,I,75.C1.646)

<font> Sanders . </font> The Law alwayes in cases of Treason dothe
accompte all Principalles , and no Accessaries as in other Offences ;
(THROCKM-E1-H,I,75.C1.647)

and therefore a Man offending in Treason , either-1 by couert acte or
procurement , whereupon an open Deede hath ensued , as in this case ,
is adjudged by the Lawe a principal Traytoure .
(THROCKM-E1-H,I,75.C1.648)

<font> Throckmorton . </font> You adjudge <paren> mee thinke </paren>
Procurement very hardly , besydes the Principall , and besides the good
Example of your best and most godly learned Predecessors , the Judges
of the Realme , as I haue partly declared ; (THROCKM-E1-H,I,75.C1.649)

and notwithstanding thys grieuous racking and extending of this worde
Procurement , I am not in the daunger of it ,
(THROCKM-E1-H,I,75.C1.650)

for it doth appear by no Deposition , that I procured neyther one or
other to attempt any acte . (THROCKM-E1-H,I,75.C1.651)

<font> Stanforde . </font> The Jurie haue to trye , whether it bee so
or no , (THROCKM-E1-H,I,75.C1.652)

let it weygh as it will . (THROCKM-E1-H,I,75.C1.653)

<font> Hare . </font> I knowe no Meane so apparent to try Procurement
as by Words , (THROCKM-E1-H,I,75.C1.654)

and that Meane is probable ynoughe agaynst you , as well by youre owne
Confession , as by other Mennes Depositions .
(THROCKM-E1-H,I,75.C1.655)

<font> Throckmorton . </font> To talke of the Queenes Maryage with the
Prince of <font> Spayne </font> , and also the commyng hyther of the
<font> Spanyardes </font> is not to procure Treason to be done ;
(THROCKM-E1-H,I,75.C1.656)

for then the whole Parliament-house , I meane the common House , didde
procure Treason : (THROCKM-E1-H,I,75.C1.657)

but since you wyll make no Difference <P_I,75.C2> betwixte Wordes and
Actes , I praye you remember an Estatute made in my late Soueraigne
Lorde and Maisters tyme , Kyng <font> Edward </font> the Sixth , whiche
apparently expresseth the Difference ; (THROCKM-E1-H,I,75.C2.658)

these bee the woordes : Who so euer dothe compasse , or imagine to
depose the Kyng of his Royall Estate by open Preaching , expresse
Wordes or Sayings , shall for the fyrst Offence lose and forfayte to
the King all his and their Goodes and Cattailes ,
(THROCKM-E1-H,I,75.C2.659)

and also shal suffer Imprisonmente of their Bodyes at the King's Will
and Pleasure . (THROCKM-E1-H,I,75.C2.660)

Whosoeuer , &c. for the second Offence shall lose and forfayte to the
Kyng the whole Issues and Profytes of all his or their Landes ,
Tenementes , and other Hereditaments , Benefices , Prebendes , and
other spiritual Promotions . (THROCKM-E1-H,I,75.C2.661)

Whosoeuer , &c. for the thirde Offence , shall for Term of Lyfe or
Lyues of suche Offendour or Offendors , &c. (THROCKM-E1-H,I,75.C2.662)

and shall also forfeite to the Kynges Majestie all his or their Goodes
and Cattailes , and suffer during his or their Liues perpetuall
Imprisonement of his or their Bodies . (THROCKM-E1-H,I,75.C2.663)

But whosoeuer , &c. by Writing , Ciphering , or Acte , shall for the
firste Offence be adjudged a Traitour , and suffer the Paines of Deathe
. (THROCKM-E1-H,I,75.C2.664)

Here you may perceiue howe the whole Realme and all your Judgementes
hathe beefore this vnderstande Wordes and Actes , diuerslye and
apparantlye ; (THROCKM-E1-H,I,75.C2.665)

and therefore the Judgementes of the Parliamente did assigne Diuersitie
of Punishmentes , because they woulde not confounde the true
Vnderstanding of Wordes and Deedes , appointing for compassing and
imagining by Worde , Imprisonment ; and for compassing and imagining by
open Deede , Paines of Death . (THROCKM-E1-H,I,75.C2.666)

<font> Bromley . </font> It is agreed by the whole Bench , that the
Procurer and the Adherent be deemed alwayes Traytors , when as a
trayterous Acte was committed by anye one of the same Conspiracie ;
(THROCKM-E1-H,I,75.C2.667)

and there is apparent Proofe of youre adhering to <font> Wiat </font> ,
both-2 by your owne Confession and other wayes .
(THROCKM-E1-H,I,75.C2.668)

<font> Throckmorton . </font> Adhering and procuring bee not all one ;
(THROCKM-E1-H,I,75.C2.669)

for the Statute of <font> Edwarde </font> the Thirde doth speake of
adhering , but not of procuring , (THROCKM-E1-H,I,75.C2.670)

and yet adhering ought not be further extended , than to the Quenes
Enimies within her Realme , (THROCKM-E1-H,I,75.C2.671)

for so the Statute doth limit the Vnderstanding .
(THROCKM-E1-H,I,75.C2.672)

And <font> Wiat </font> was not the Queenes Enimie ,
(THROCKM-E1-H,I,75.C2.673)

for hee was not so reputed , when I talked with him last ;
(THROCKM-E1-H,I,75.C2.674)

and our Speach implyed no Enmitie , (THROCKM-E1-H,I,75.C2.675)

neyther tended to anye Treason , or procuring of Treason :
(THROCKM-E1-H,I,75.C2.676)

and therefore I praye you of the Jurie note , thoughe I argue the Lawe
, I alledge my Innocencie , as the best part of my Defence .
(THROCKM-E1-H,I,75.C2.677)

<font> Hare . </font> Your adhering to the Queenes Enimies within the
Realme is euidently proued : (THROCKM-E1-H,I,75.C2.678)

for <font> Wiat </font> was the Queenes Enimie wythin the Realme , as
the whole Realme knoweth it , (THROCKM-E1-H,I,75.C2.679)

and he hath confessed it , both at his Arrainement and at his Death .
(THROCKM-E1-H,I,75.C2.680)

<font> Throckmorton . </font> By your leaue , neither-1 <font> Wiat
</font> at at his Arreignment , nor at his Death , did confesse , that
he was the Queenes Enimie , when I talked last with him ,
(THROCKM-E1-H,I,75.C2.681)

neyther he was reputed nor taken in xiiij. dayes after , vntill he
assembled a Force in Armes , what time I was at your House , Master
<font> Inglefielde </font> , where I learned the first Intelligence of
<font> Wiats </font> Stirre . (THROCKM-E1-H,I,75.C2.682)

And I aske you , who doth depose that there passed anye maner of
Aduertisement betwixt <font> Wiat </font> and mee , after he had
discouered his Doings , and shewed himselfe an Enemie ?
(THROCKM-E1-H,I,75.C2.683)

If <P_I,76.C1> I had bene so disposed , who did let mee , that I did
not repaire to <font> Wiat </font> , or to sende to him , or to the
Duke of <font> Suffolke </font> eyther , who was in myne owne Countrey
? (THROCKM-E1-H,I,76.C1.684)

and thither I might haue gone and conueyed my selfe with him ,
vnsuspected for my departing homewards . (THROCKM-E1-H,I,76.C1.685)

<font> Inglefielde . </font> It is true that you were there at my House
, accompanied with others your Brethren , and , to my knowledg ,
ignorant of these Matters . (THROCKM-E1-H,I,76.C1.686)

<font> Bromley . Throckmorton </font> , you confessed you talked with
<font> Wiat </font> and others against the comming of the <font>
Spanyardes </font> , and of the taking of the <font> Tower </font> of
<font> London </font> ; wherevpon <font> Wiat </font> levied a Force of
Men against the <font> Spanyardes </font> he sayde ,
(THROCKM-E1-H,I,76.C1.687)

and so you saye all , (THROCKM-E1-H,I,76.C1.688)

but in Deede it was against the Queene , which he confessed at length :
(THROCKM-E1-H,I,76.C1.689)

therefore <font> Wiats </font> Actes doe proue you Counsayler and
Procurer , howsoeuer you woulde auoyde the matter .
(THROCKM-E1-H,I,76.C1.690)

<font> Throckmorton . </font> Me think you would conclude me with a
mishapen Argument in Logicke , (THROCKM-E1-H,I,76.C1.691)

and you will giue mee leaue , I will make another .
(THROCKM-E1-H,I,76.C1.692)

<font> Stanforde . </font> The Judges sit not here to make Disputations
, but to declare the Law , which hath bene sufficiently done , if you
woulde consider it . (THROCKM-E1-H,I,76.C1.693)

<font> Hare . </font> You haue hearde Reason and the Lawe , if you will
conceyue it . (THROCKM-E1-H,I,76.C1.694)

<font> Throckmorton . </font> Oh mercifull God !
(THROCKM-E1-H,I,76.C1.695)

Oh eternall Father , which seest all things , what maner of Proceedings
are these ? (THROCKM-E1-H,I,76.C1.696)

To what purpose serueth the Statute of Repeale the last Parliament ,
where I hearde some of you here present , and diuerse other of the
Queenes learned Counsayle , grieuouslye inuey against the cruell and
bloudie Lawes of King <font> Henrie </font> the Eyght , and against
some Lawes made in my late Sovereigne Lorde and Maisters time , King
<font> Edwarde </font> the sixth ? (THROCKM-E1-H,I,76.C1.697)

some termed them <font> Draco's Lawes </font> , whiche were written in
Bloude : (THROCKM-E1-H,I,76.C1.698)

Some sayde they were more intolerable than any Lawes , that <font>
Dionysius </font> or any other Tyraunt made .
(THROCKM-E1-H,I,76.C1.699)

In conclusion , as many Men , so manye bitter Termes and Names those
Lawes had . (THROCKM-E1-H,I,76.C1.700)

And moreouer , the Preface of the same Estatute doth recite , that for
Wordes onely , many great Personages , and others of good Behauiour ,
hath bene most cruelly cast awaye by these foremer sanguinolent
thirstie Lawes , with many other Suggestions for the Repeale of the
same . (THROCKM-E1-H,I,76.C1.701)

And now let vs put on indifferent Eyes , and throughly consider with
our selues , as you the Judges handle the Constructions of the Statute
of <font> Edwarde </font> the Thirde , with your Equitie and Extensions
, whether we be not in much wors Case now than we were when those cruel
Lawes yoked vs . (THROCKM-E1-H,I,76.C1.702)

These Lawes albeit they were grieuous and captious , yet they had the
verie Propertie of a Lawe after S. <font> Paules </font> Description :
(THROCKM-E1-H,I,76.C1.703)

For those Lawes did admonish vs , and discover our Sinnes plainly vnto
vs ; (THROCKM-E1-H,I,76.C1.704)

and when a Man is warned , hee is halfe armed .
(THROCKM-E1-H,I,76.C1.705)

These Lawes , as they bee handled , be very Baytes to catche vs , and
onely prepared for the same , and no Lawes ; (THROCKM-E1-H,I,76.C1.706)

for at the first sight they ascertaine vs we be deliuered from our olde
Bondage , (THROCKM-E1-H,I,76.C1.707)

and by the late Repeale the last Parliament we liue in more Securitie .
(THROCKM-E1-H,I,76.C1.708)

But when it pleaseth the higher Powers to call any Mannes Lyfe and
Sayings in question , then there be Constructions , Interpretations ,
and Extensions reserued to the Justices and Judges Equitie , that the
Partie triable , as I am nowe , shall finde himselfe in much worse case
, than before when those cruell Lawes stoode in force .
(THROCKM-E1-H,I,76.C1.709)

Thus our Amendement <P_I,76.C2> is from God's Blessing into the warme
Sunne ; (THROCKM-E1-H,I,76.C2.710)

but I require you honest Men , whiche are to trie my Life , consider
these Opinions of my Life : (THROCKM-E1-H,I,76.C2.711)

Judges be rather agreeable to the Time , than to the Truth ;
(THROCKM-E1-H,I,76.C2.712)

for their Judgments be repugnant to their owne Principle , repugnant to
their godly and best learned Predecessors Opinions , repugnant , I say
, to the Prouiso in the Statute of Repeale made in the last Parliament
. (THROCKM-E1-H,I,76.C2.713)

<font> Attorney . </font> Maister <font> Throckmorton </font> , quiet
your selfe , (THROCKM-E1-H,I,76.C2.714)

and it shall be the better for you . (THROCKM-E1-H,I,76.C2.715)

<font> Throckmorton . </font> Maister <font> Attorney </font> , I am
not so vnquiet as you be , (THROCKM-E1-H,I,76.C2.716)

and yet our Cases are not alike ; (THROCKM-E1-H,I,76.C2.717)

but bicause I am so tedious to you , and haue long troubled this
Presence , it may please my Lorde Chief Justice to repeate the Euidence
, wherewith I am charged , and my Aunswers to all the Objections , if
there be no other matter to laye against me .
(THROCKM-E1-H,I,76.C2.718)

Then the Chief Justice <font> Bromley </font> remembred particularly
all the Depositions and Euidences giuen against the Prisoner ,
(THROCKM-E1-H,I,76.C2.719)

and eyther-1 for wante of good Memorie , or good Will , the Prisoners
Aunsweres were in part not recited : wherevppon the Prisoner craued
Indifferencie , and did helpe the Judges olde Memorie with his owne
Recital . (THROCKM-E1-H,I,76.C2.720)

<font> Sendall . </font> My Maisters of the Jurie , you haue to inquire
, whether Sir <font> Nicholas Throckmorton </font> Knight , here
Prisoner at the Barre be guiltie of these Treasons , or any of them ,
whereof he hath bene indited and this daye arreigned , yea or no :
(THROCKM-E1-H,I,76.C2.721)

And if you finde him guiltie , you shall enquire what Landes ,
Tenementes , Goodes , and Cattelles he had at the day of his Treasons
committed , or at anye time since ; and whether he fledde for the
Treasons or no , if you finde him not guiltie .
(THROCKM-E1-H,I,76.C2.722)

<font> Throckmorton . </font> Haue you sayde what is to be sayd ?
(THROCKM-E1-H,I,76.C2.723)

<font> Sendall . </font> Yea , for this time .
(THROCKM-E1-H,I,76.C2.724)

<font> Throckmorton . </font> Then I pray you giue me leaue to speake a
fewe Words to the Jurie : (THROCKM-E1-H,I,76.C2.725)

The Weyght and Grauitie of my Cause hath greatly occasioned me to
trouble you here long , (THROCKM-E1-H,I,76.C2.726)

and therfore I minde not to intertain you here long with any prolixe
Oration : (THROCKM-E1-H,I,76.C2.727)

You perceyue notwithstanding this daye great Contention betwixt the
Judges and the Queenes learned Counsayle on the one partie , and mee
the poore and wofull Prisoner on the other partie . The Triall of our
whole Controuersie , the Triall of my Innocencie , the Triall of my
Lyfe , Landes , and Goodes , and the Destruction of my Posteritie for
euer , doth rest in your good Judgements . (THROCKM-E1-H,I,76.C2.728)

And albeit many this daye haue greatly inveyghed against me , the
finall Determination thereof is transferred onely to you :
(THROCKM-E1-H,I,76.C2.729)

howe grieuous and horrible the shedding of Innocents Bloude is in the
sight of Almightie God , I trust you doe remember .
(THROCKM-E1-H,I,76.C2.730)

Therefore take heede , I saye , for Christes sake ,
(THROCKM-E1-H,I,76.C2.731)

do not defile your Consciences with such heynous and notable Crimes ;
(THROCKM-E1-H,I,76.C2.732)

they bee grieuouslye and terriblye punished , as in this Worlde and
Vale of Miserie vpon the Childrens Children to the thirde and fourth
Generation , and in the worlde to come with euerlasting Fire and
Damnation . (THROCKM-E1-H,I,76.C2.733)

Lift up your Minds to God , (THROCKM-E1-H,I,76.C2.734)

and care not too muche for the Worlde ; (THROCKM-E1-H,I,76.C2.735)

looke not backe to the Fleshpots of <font> Egypte </font> , whiche will
allure you from heauenly Respectes to worldlye Securitie , and can
thereof neyther make you anye Suretie . (THROCKM-E1-H,I,76.C2.736)

Beleeue , I pray you , the Queene and hir Magistrates be more delighted
with favourable Equitie , than with rashe Crueltie ;
(THROCKM-E1-H,I,76.C2.737)

and in that you be al Citizens , <P_I,77.C1> I will take my leaue of
you with S. <font> Paules </font> farewell to the <font> Ephesians
</font> , (THROCKM-E1-H,I,77.C1.738)

Citizens also you be , whome he tooke to recorde that he was pure from
shedding any Bloude ; (THROCKM-E1-H,I,77.C1.739)

a special Token , a Doctrine left for your Instruction , that euerye of
you may washe his Handes of Innocents Bloudeshedde , when you shall
take your leaue of this wretched Worlde ; (THROCKM-E1-H,I,77.C1.740)

the Holy Ghost be amongst you . (THROCKM-E1-H,I,77.C1.741)

<font> Sendall . </font> Come hither , Sergeaunt ,
(THROCKM-E1-H,I,77.C1.742)

take the Jurye with you , (THROCKM-E1-H,I,77.C1.743)

and suffer no Man to come at them , but to be order'd as the Lawe
appointeth , vntill they be agreed vpon their Verdit .
(THROCKM-E1-H,I,77.C1.744)

<font> Throckmorton . </font> It may please you my Lordes and Maisters
which be Commissioners , to give order , that no Person haue Access or
Conference with the Jurie , neither that any of the Queenes learned
Counsayle be suffered to repayre to them , or to talke with any of them
, vntil they present themselues here in open Court , to publish their
Verdit . (THROCKM-E1-H,I,77.C1.745)

Upon the Prisoners Suite on this behalfe , the Benche gaue Order , that
two Sergeauntes were sworne to suffer no Man to repaire to the Jurie ,
vntill they were agreed . (THROCKM-E1-H,I,77.C1.746)

Then the Prisoner was by Commandement of the Benche withdrawne from the
Barre , and the Court adjourned vntill three of the Clocke at
Afternoone ; at whiche houre the Commissioners returned to the <font>
Guildehall </font> , and there did tarrie vntill the Jurie were agreed
vpon the Verdit . (THROCKM-E1-H,I,77.C1.747)

And aboute five of the Clocke , their Agreement being aduertised to the
Commissioners , the sayde Prisoner , Sir <font> Nicholas Throckmorton
</font> , was again brought to the Barre , where also the Jurie did
repaire ; (THROCKM-E1-H,I,77.C1.748)

and being demaunded whether they were agreed vpon their Verdit ,
aunswered vniuersally with one Voyce , Yea . (THROCKM-E1-H,I,77.C1.749)

Then it was asked , who shoulde speake for them ;
(THROCKM-E1-H,I,77.C1.750)

they aunswered , <font> Whetston </font> the Foreman .
(THROCKM-E1-H,I,77.C1.751)

<font> Sendall . Nicholas Throckmorton </font> Knight , holde vp thy
Hande . (THROCKM-E1-H,I,77.C1.752)

Then the Prisoner did so uppon the Summons . (THROCKM-E1-H,I,77.C1.753)

<font> Sendall . </font> You that bee of the Jurie , looke vppon the
Prisoner . (THROCKM-E1-H,I,77.C1.754)

The Jurie did as they were enjoyned . (THROCKM-E1-H,I,77.C1.755)

<font> Sendall . </font> Howe saye you , (THROCKM-E1-H,I,77.C1.756)

is Maister <font> Throckmorton </font> Knight , there Prisoner at the
Barre , guiltie of the Treasons whereof he hathe bin indicted and
arraigned in manner and forme , yea or no ? (THROCKM-E1-H,I,77.C1.757)

<font> Whetston . </font> No . (THROCKM-E1-H,I,77.C1.758)

<font> Sendall . </font> How say you , (THROCKM-E1-H,I,77.C1.759)

did he flie upon them ? (THROCKM-E1-H,I,77.C1.760)

<font> Whetston . </font> No , we finde no such thing .
(THROCKM-E1-H,I,77.C1.761)

<font> Throckmorton . </font> I hadde forgot to aunswere that Question
before ; (THROCKM-E1-H,I,77.C1.762)

but you haue founde according to Truth : (THROCKM-E1-H,I,77.C1.763)

And for the better Warrantie of your Dooings , vnderstande that I came
to <font> London </font> , and so to the Queenes Counsell vnbroughte ,
when I vnderstoode they demaunded for me ; (THROCKM-E1-H,I,77.C1.764)

and yet I was almoste an hundred miles hence , where if I had not
presumed vppon my Truthe , I coulde haue withdrawen my selfe from
catching . (THROCKM-E1-H,I,77.C1.765)

<font> Bromley . </font> How saye you the reste of ye ,
(THROCKM-E1-H,I,77.C1.766)

is <font> Whetston's </font> Verdict all your Verdicts ?
(THROCKM-E1-H,I,77.C1.767)

The whole Inquest aunswered yea . (THROCKM-E1-H,I,77.C1.768)

<font> Bromley . </font> Remember youre selues better ,
(THROCKM-E1-H,I,77.C1.769)

haue you considered substantially the whole Euidence in sorte as it was
declared and recited ? (THROCKM-E1-H,I,77.C1.770)

the Matter dothe touche the Queenes Highnesse , and your selves also ,
(THROCKM-E1-H,I,77.C1.771)

take good heede what you doe . (THROCKM-E1-H,I,77.C1.772)

<font> Whetston . </font> My Lorde , wee haue throughly considered the
Euidence laide agaynste the Prisoner , and his Aunsweres to all these
Matters , and accordingly <P_I,77.C2> wee haue founde him not guiltie ,
agreeable to all our Consciences . (THROCKM-E1-H,I,77.C2.773)

<font> Bromely . </font> If you haue done well , it is the better for
you . (THROCKM-E1-H,I,77.C2.774)

<font> Throckmorton . </font> It is better to be tried , than to liue
suspected : (THROCKM-E1-H,I,77.C2.775)

<font> Blessed be the Lord God of </font> Israell ,
(THROCKM-E1-H,I,77.C2.776)

<font> for he hath visited and redeemed his People ,
(THROCKM-E1-H,I,77.C2.777)

and hathe raised vp a mightie Saluation for vs in the House of his
Seruaunte </font> Dauid . (THROCKM-E1-H,I,77.C2.778)

And it maye please you my Lorde Chiefe Justice , forasmuche as I haue
ben indited and arrained of sundry Treasons , and haue according to the
Lawe put my Triall to God and my Countrey , that is to say , to these
honest Men whiche haue founde me not giltie ; I humbly beseeche you to
giue me such Benefite , Acquitall , and Judgement , as the Lawe in this
Case doth appointe . (THROCKM-E1-H,I,77.C2.779)

When the Prisoner had saide these wordes , the Commissioners consulted
togither . (THROCKM-E1-H,I,77.C2.780)

<font> Throckmorton . </font> Maye it please you my Lorde Chiefe
Justice , to pronounce Sentence for my Discharge .
(THROCKM-E1-H,I,77.C2.781)

<font> Bromley . </font> Where as you doe aske the Benefite that the
Lawe in suche Case dothe appointe , I will giue it you , <font> viz.
</font> That where you haue bene indited of sundrye highe Treasons ,
and haue bene here this Daye before the Queenes Commissioners and
Justices arreigned of the saide Treasons , wherevnto you haue pleaded
not guiltye , and haue for Triall therein putte youre selfe on God and
youre Countrey , and they haue founde you not guiltie , the Courte doth
award that you be clerly discharged , paying your Fees .
(THROCKM-E1-H,I,77.C2.782)

Notwithstandyng , Mayster Lieutenant , take hym with you agayne ,
(THROCKM-E1-H,I,77.C2.783)

for there are other Matters to charge hym with .
(THROCKM-E1-H,I,77.C2.784)

<font> Throckmorton . </font> It may please you my Lords and Maisters
of the Queenes Highnes Priuie Counsel , to be on my behalfe humble
Sutors to hir Majestie , that like as the Law this daye <paren> God be
praised </paren> hathe purged mee of the Treasons wherewith I was most
dangerously charged , so it might please hir Excellent Majestie to
purge me in hir priuate Judgemente , and both forgyue and forgette my
ouer rashe Boldenesse , that I vsed in Talke of hir Highnesse Marriage
with the Prince of <font> Spaine </font> , Matters too farre aboue my
Capacitie , (THROCKM-E1-H,I,77.C2.785)

and I very vnable to consider the Gravitie therof ; a Matter
impertinent for me a private Person to talke of , which did appertain
to hir Highnesse Privy Counsel to haue in Deliberation :
(THROCKM-E1-H,I,77.C2.786)

and if it shall please hir Highnesse of hir bountifull Liberalite , to
remitte my former Ouersightes , I shall thinke my selfe happye for
Triall of the Daunger that I haue this daye escaped ,
(THROCKM-E1-H,I,77.C2.787)

and may thereby admonishe mee to eschewe thinges aboue my reache , and
also to instructe mee to deale with matters agreeable to my Vocation ;
(THROCKM-E1-H,I,77.C2.788)

and God saue the Queenes Majestie , (THROCKM-E1-H,I,77.C2.789)

and graunte the same long to raigne ouer us ,
(THROCKM-E1-H,I,77.C2.790)

and the same Lorde be praised for you the Magistrates , beefore whom I
haue hadde my Triall this daye indifferentlye by the Lawe ,
(THROCKM-E1-H,I,77.C2.791)

and you haue proceeded with mee accordinglye ,
(THROCKM-E1-H,I,77.C2.792)

and the Grace of God bee amongst you now and euer .
(THROCKM-E1-H,I,77.C2.793)

There was no Aunswere made by any of the Benche to the Prisoners Sute ,
(THROCKM-E1-H,I,77.C2.794)

but the <font> Attorney </font> did speake these wordes :
(THROCKM-E1-H,I,77.C2.795)

<font> Attorney . </font> And it please you , my Lordes , forasmuche as
it seemeth these Men of the Jurie which haue straungely acquitte the
Prisoner of his Treasons whereof hee was indited , will forthwith
departe the Courte ; I praye you for the Queene , that they , and
euerye of them , maye bee bounde <P_I,78.C1> in a Recognizance of fiue
hundrethe Pounde apeece , to aunswere to such Matters as they shall be
charged with in the Queenes behalfe , whensoeuer they shall be charged
or called . (THROCKM-E1-H,I,78.C1.796)

<font> Whetston . </font> I praye you , my Lordes , be good vnto vs ,
(THROCKM-E1-H,I,78.C1.797)

and lette vs not bee molested for dischargyng our Consciences truelye ;
(THROCKM-E1-H,I,78.C1.798)

we bee poore Marchant-men , (THROCKM-E1-H,I,78.C1.799)

and haue great Chardge vpon our <P_I,78.C2> hands ,
(THROCKM-E1-H,I,78.C2.800)

and our Lyuynges doe depende vppon our Trauailes ;
(THROCKM-E1-H,I,78.C2.801)

therefore it maye please you to appoynte vs a certaine Daye for oure
Appearance , bycause perhappes else some of vs maye bee in forreigne
Partes aboute our Businesse . (THROCKM-E1-H,I,78.C2.802)

The Court being dissatisfy'd with the Verdict , committed the Jury to
Prison . (THROCKM-E1-H,I,78.C2.803)

