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[^TEXT:  THE TRIAL OF SIR NICHOLAS
THROCKMORTON.
A COMPLETE COLLECTION OF STATE-TRIALS
AND PROCEEDINGS FOR HIGH-TREASON,
AND OTHER CRIMES AND MISDEMEANOURS;
FROM THE REIGN OF KING RICHARD II.
TO THE END OF THE REIGN OF KING GEORGE I.
SECOND EDITION, VOLS. I AND IV.
ED. F. HARGRAVE.
LONDON: PRINTED FOR J. WALTHOE SEN. ETC., 1730.
I, PP. 63.46 - 78.C2.7^]

<P I,63>
[} [\V. THE TRIAL OF SIR NICHOLAS THROCKMORTON
KNIGHT, IN THE GUILDHALL OF LONDON, FOR HIGH-TREASON, THE
17TH OF APRIL, 1554. THE IST OF MARY.\] }]

The Commissioners appointed to try him were,
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   Sir (^Thomas White^) Knight, Lord Mayor 
of (^London^) ; 
The Earle of (^Shrewesbury^) ;
The Earle of (^Derby^) ; 
Sir (^Thomas Bromley^) Knyght, Lorde 
Chiefe Justice of (^Englande^) ;
Sir (^Nicholas Hare^) Knyght, Mayster of the (^Rolles^) ; 
Sir (^Frauncis Englefielde^) Knight, Maister of the 
Courte of Wardes and Liberties; 
<P I,63.C2>
Sir (^Richard Southwell^) Knight, one of the 
Privy-Council;
Sir (^Edward Walgrave^) Knight, one of the 
Privy-Council;  
Sir (^Roger Cholmeley^) Knight; 
Sir (^Wyllyam Porteman^) Knyght, one of the Justices 
of the King's Benche; 
Sir (^Edwarde Saunders^) Knight, one of the Justices 
of the Common Place;
<P I,64.C1>  
Maister (^Stanford^) ,
Maister (^Dyer^) , Sergeants; 
Maister (^Edward Griffin^) , Attourney-Generall;      
Maister (^Sendall^) ,
(^Peter Tichbourne^) , Clerkes of the Crowne.     
   Firste, after Proclamation made, and the Commission 
red, the Lieutenant of the (^Tower^) , Master
(^Tho. Bridges^) , brought the Prisoner to the Barre;
then Silence was commaunded, and (^Sendall^) said to
the Prisoner as foloweth:
(^Sendall.^) (^Nicholas Throckmorton^) Knighte, hold vp
thy hande, 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. and also thou wast adherente
to the Queenes Enimies within hir Realm,
giuing to them Ayde and Comfort, &c. 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. and also
thou didst falsly and traiterously deuise and conclude
to take violently the (^Tower^) of (^London^) , &c.
Of al which Treasons and euery of them in Manner
and Forme, &c. art thou giltie or not giltie?
(^Throckmorton.^) 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
concerne you and me, before I aunswere to the Enditement,
and not altogithers impertinente to the
Matter, and then pleade to the Enditemente.
(^Bromley,^) No, the Order is not so, you must first
pleade whether you be giltie or no.
(^Throckmorton.^) If that be your Order and Law,
judge accordingly to it.
(^Hare.^) You must firste aunswer to the Matter
wherwith you are charged, and then you may talke
at your pleasure.
(^Throckmorton.^) But things spoken out of place 
wer as good not spoken.
(^Bromley.^) These bee but delayes to spende time,
therfore answer as the Law willeth you.
(^Throckmorton.^) My Lords, I pray you make not
too much hast with me, neither thinke not long
for your Diner, for my Case requireth leysure, and
you haue well dined when you haue done Justice
truely. Christ said, (^Blessed are they that hunger
and thirste for Righteousnesse^) .
(^Bromley.^) I can forbeare my Dinner as well as
you, and care as little as you peraduenture.
(^Shrewsbury.^) Come you hither to checke us (^Throckmorton^) ; 
we will not be so used, no, no, I for my
parte haue forborne my Breakfast, Dinner and 
Supper, to serve the Queene.
(^Throckmorton.^) Yea, my good Lord, I know it
right well; I meant not to touche your Lordship,
for youre Service and Paines is euidently knowen
to all Men.
(^Southwell.^) M. (^Throckmorton^) , this Talke neede not,
we know what we haue to do, and you would
teach us our Duties; you hurt your Mater, go to!
go to!
(^Throckmorton.^) M. (^Southwell^) , you mistake me, I
meant not to teach you, nor none of you, but to
remember you of that I trust you all be well instructed
in, and so I satisfie my selfe, since I shall
not speake, thinking you all know what you haue
to doe, or oughte to know, so I will aunswer to
<P I,64.C2>
the Inditement, and do pleade not giltie to the
whole, and to euery part thereof.
(^Sendall.^) How wilt thou be tried?
(^Throckmorton.^) Shall I be tried as I would, or as 
I shuld?
(^Bromley.^) You shall be tried as the Law will,
and therefore you must say by God and by the 
Countrey.
(^Throckmorton.^) Is that your Law for me? it is
not as I wold; but since you wil have it so, I am
pleased with it, and do desire to be tried by faithful
just Men, which more fear God than the World.

The Names of the Jurours.  

(^Lucas. Lowe.
Yong. Whetston.
Martyn. Pointer.
Beswike. Bankes.
Bascafeeld. Calthrop.
Kightley. Cater.^)

   What time the Atturney went forthwith to
Mr. (^Cholmley^) , 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. (a rare case) 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 (^Dier^) . The said Sergeant
chalenged one (^Bacon^) , and another Citizen
peremptorily for the Queen. Then the Prisoner
demanded the cause of the Chalenge: the Sergeante
aunswered, we neede not shew you the
cause of the Chalenge for the Queen. Then the
Inquest was furnished with other honest Men, that
is to say, (^Whetstone^) and (^Lucas^) , so the Prisoner
vsed these Words. 
(^Throckmorton.^) 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. 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, they seeme to be too pitiful
and too charitable to condemne the Prisoner. No, 
no, said the other Judge (^viz. Cholmley^) I warrant
you, they be picked Fellowes for the nonce, he
shall drink of the same Cup his Fellowes haue
done. I was then a loker on of the Pageant as
others be now here, but now wo is me, I am a
Player in that woful Tragedie. Well, for these
and such other like the black Oxe hath of late
troden on some of their Feet, but my trust is, I
shall not be so used. Whylest this Talke was,
(^Cholmeley^) consulted with the Atturney aboute the
Jury, which the Prisoner espied, and then sayde
as heere ensueth, Ah, ah Maister (^Cholmely^) , will 
this foule packing neuer be left?
(^Cholmely.^) Why what do I, I pray you, M. (^Throckmorton^) ? 
I did nothing, I am sure you do picke 
Quarrels to me.
(^Throckmorton.^) Well Maister (^Cholmely^) , if you do 
well, it is better for you, God help you.
   The Jury then was sworne, and Proclamation
made, that whosoeuer woulde giue Euidence againste
Sir (^Nicholas Throckmorton^) Knight, shoulde
come in and be heard, for the Prisoner stood upon
<P I,65.C1>
his Deliuerance: whereupon Sergeant (^Stanford^) presented
hymself to speake.
(^Throckmorton.^) 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. 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, not 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. It is lawfull
for your 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.
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;
such power Orators haue, and such Ignorance
the Unlearned haue. 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. 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; but I assure you, the Purgation
serueth you as it did (^Pilate^) , and you washe
your Handes of the Bloudshed, as (^Pilate^) did of
Christs. And now to your matter.
(^Stanford.^) And it please you, my Lords, I doubt
not to proue euidently and manifestly, that (^Throckmorton^)
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 (^Wyat^) was but his Minister.
How say you, (^Throckmorton^) , dyd not you send
(^Winter^) to (^Wyat^) into (^Kent^) , and did deuise that
the Tower of (^London^) shoulde be taken, with other
Instructions concernyng (^Wyat's^) Sturre and 
Rebellion? 
(^Throckmorton.^) 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: I confesse I did say to (^Winter^) ,
that (^Wyat^) was desirous to speake with him, as I
understoode.
(^Stanford.^) Yea Sir, and you deuised togither of
the taking of the Tower of (^London^) , and of the 
other great Treasons.
<P I,65.C2>
(^Throckmorton.^) Noe, I did not so, proue it.
(^Stanford.^) Yes Sir, you met with (^Winter^) sundry
times, as shall appeare, and in sundry Places.
(^Throckmorton.^) That graunted, proveth no such
matter as is supposed in the Inditement.
   (^Stanford^) red (^Winter's^) Confession, whyche was
of this effect; That (^Throckmorton^) mette with (^Winter^) 
one Day in (^Tower-street^) , and told him, that
Sir (^Thomas Wyat^) was desirous to speak with him,
and (^Winter^) demanded where (^Wyat^) was: (^Throckmorton^)
aunswered, at his House in (^Kente^) , not farre
from (^Gillingham^) , as I heard say, where the Shyps
lye. Then they parted at that time, and shortly
after (^Throckmorton^) met with (^Winter^) , vnto whome
(^Winter^) sayd, Maister (^Wyat^) dothe much mislike 
the comming of the (^Spanyardes^) into this Realme,
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; and
therefore he thinketh good the Tower of (^London^)
should be taken by a sleighte, before the Prince
came, least that peece be deliuered to the (^Spanyardes^) .
How say you (^Throckmorton^) to it? (^Throckmorton^)
aunswered, I mislike it for diuers respects;
euen so do I, sayde (^Winter^) . At another tyme
(^Throckmorton^) mette me the sayd (^Winter^) in (^Poules^) ,
when hee had sent one to my House to seeke me
before; and he said to me, you are Admiral of
the Fleet that now goeth into (^Spayne^) . I aunswered
yea. (^Throckmorton^) saide, when will your
Shippes be ready? I saide, within tenne Dayes.
(^Throckmorton^) sayde, I vnderstand you are appointed 
to conduct and carrie the Lord Priuie
Seale into (^Spaine^) ; and considring the Daunger
of the (^Frenchmen^) , 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. (^Throckmorton^)
saide also, that (^Wyat^) changed his purpose, for
taking the Tower of (^London^) ; I said I was glad
of it: and as for the (^Frenchmen^) , I care not much
for them, I will so handle the matter, that the
Queenes shippes shall bee I warrante you in safegard. 
Another time I met with M. (^Throckmorton^)
when I came from the Emperours Ambassadors,
vnto whome I declared, that the Emperour had
sent me a fayre Cheyne, and shewed it unto
(^Throckmorton^) , who said, for this Cheyne you haue
sold your Country. I saide, it is neyther (^French^)
King nor Emperoure that can make me sell my
Country, but I will be a true (^Englishman^) : then
they parted. This is the summe of the Talke betwixt 
(^Throckmorton^) and (^Winter^) .
(^Stanford.^) Now my Masters of the Jury, you
haue heard my Sayings confirmed with (^Winter's^)
Confession: how say you (^Throckmorton^) , can you 
denie it? if you will, you shall haue (^Winter^) justifie
it to your Face.
(^Throckmorton.^) My Lords, shall it please you that
I shal answer?
(^Bromley.^) Yea, say your mind.
(^Throckmorton.^) I may truly denye some part of
this Confession; 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.
(^Stanford.^) It appeareth that you were of Counsel
with (^Wyat^) , in as much as you sente (^Winter^)
downe to him, who uttered unto him diuers traitorous
Deuises.
(^Throckmorton.^) This is but conjectural; yet sithence
you will construe so maliciously, I will recompte
<P I,66.C1>
how I sent (^Winter^) to (^Wyat^) : and then I pray you
of the Jury, judge better than Maister Sergeante
doth. I met by chance a Seruant of Maister
(^Wyat's^) , who demanded of me for (^Winter^) , and
shewed mee, that his Maister woulde gladly speake
with him; and so without any further Declaration,
desired me, if I met (^Winter^) , to tel him Maister
(^Wyat's^) mind, and where he was. Thus much for 
the sending downe of (^Winter^) .
(^Attourney.^) Yea, Sir, but how say you to the taking
of the Tower of (^London^) , which is Treason?
(^Throckmorton.^) I aunswere, though (^Wyat^) thought
meete to attempt so daungerous and Enterprise,
and that (^Winter^) enformed me of it, you cannot
extende (^Wyat's^) Deuises to be mine, and to bring
me within the compass of Treason; for what
maner of reasoning or proofe is this, (^Wyat^) woulde
haue taken the Tower, (^ergo Throckmorton^) is a
Traitor? (^Winter^) doth make my Purgation in his
owne Confession, euen now redde as it was by
Maister Sergeante, though I say nothing; for
(^Winter^) doth auowe there, that I did much mislike
it. And because you shall the better understand
that I did alwayes not alow these Master (^Wyat's^)
Deuises, I had these Words to (^Winter^) , when he
enformed me of it; I think M. (^Wyat^) would no
(^Englishman^) hurt, and this Enterprise cannot be
done without the hurt and slaughter of both Parties;
for I know him that hath the Charge of
the Peece, and his Brother, both Men of good
Seruice; the one had in charge a piece of great
Importance, (^Bolloyne^) I meane, which was stoutly
assayled, and notwithstanding he made a goode
accompt of it for his time, that like I am sure he
will do by this his Charge. Moreouer, to accompte
the taking of the (^Tower^) is uery dangerous by the
Law. These were my Wordes to (^Winter^) . And
besides, it is very unlike, that I of all Men woulde
confederate in such a matter against the Lieutenant
of the (^Tower^) , whose Daughter my Brother hath
married, and his House and mine alyed together
by Mariage sundry times within these few
Yeres.
(^Hare.^)  But how say you to this, that (^Wyat^) and 
you had Conference togither sundry times at (^Warner's^)
House, and in other places?
(^Throckmorton.^) This is a very general Charge, to
haue Conference; but why was it not as lawful
for me to confer with (^Wyat^) , as with you, or
any other Man? I then knew no more by
(^Wyat^) , than by any other; and to proue to
talke with (^Wyat^) was lawful and indifferent, the
last Day I did talke with (^Wyat^) , I sawe my Lord
of (^Arondel^) , with other noble Men and Gentlemen,
talke with him familiarly in the Chamber of
Presence.
(^Hare.^)  But they did not conspire nor talke of
any stur against the (^Spanyards^) as you did pretend,
and meant it against the Queen; for you, (^Croftes^) ,
(^Rogers^) and (^Warner^) , did oftentimes deuise in            #
(^Warner's^)
House aboute youre traiterous purposes, or
else what did you so often there?
(^Throckmorton.^) I confess I did mislike the Queenes
Mariage with (^Spain^) , and also the comming of the
(^Spanyards^) hither: and then me thought I had reason
to doe so, for I did learne the Reasons of my
misliking of you M. (^Hare^) , M. (^Southwell^) , and others
in the Parliament House; there I did see the
whole Consent of the Realm against it; and I a
Hearer, but no Speaker, did learne my misliking
of those Matters, confirmed by many sundry Reasons
amongst you: but as concerning any sturre or
<P I,66.C2>
vprore against the (^Spanyards^) , I neuer made any,
neyther procured any to be made; and for my
much resort to M. (^Warner's^) House, it was not to
conferre with M. (^Wyat^) , but to shew my Friendship 
to my very good Lord the Marques of (^Northampton^) , 
who was lodged there when he was 
enlarged.
(^Stanford.^) Did not you, (^Throckmorton^) , tell Winter
that (^Wyat^) had changed his Mind for the taking
of the (^Tower^) ; whereby it appeared euidently that
you knew of his doings?
(^Throckmorton.^) Truly I did not tell him so, but
I care not greately to giue you that Weapon to
play you withal: now let us see what you can 
make of it?
(^Stanford.^) Yea, Sir, that proueth that you were
priuie to (^Wyat's^) Mind in all his Deuises and Treasons,
and that there was sending betwixt you and
(^Wyat^) from time to time.
(^Throckmorton.^) What M. Sergeant, doth this proue
against me, that I knew (^Wyat^) did repent him of
an euil deuised Enterprise? Is it to know (^Wyat's^)
Repentance, Sinne? No, it is but a Venial Sinne;
if it be any, it is not deadly. But where is the
Messenger or Message that (^Wyat^) sent to me touching
his Alteration? and yet it was lawful ynough
for me to heare from (^Wyat^) at that time, as from
any other Man, for any acte that I knew he had
done.
(^Dyer.^) And it may please you, my Lordes, and
you my Maisters of the Jurie, to prove that (^Throckmorton^)
is a principal doer in this Rebellion, there
is yet many other things to be declared: amongst
other, there is (^Croftes^) 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 (^Deuon^) , to Sir
(^Peter Caroe^) , accompanyed with others. 
(^Throckmorton.^) M. (^Croftes^) is yet liuing, and is
here this day; how hapneth it he is not brought
Face to Face to justifie this matter, neither hathe
bin of all this time? Will you knowe the Trueth?
either he sayd not so, or he wil not abide by it,
but honestly hath reformed himself. 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.
(^Attourney.^) But why did you aduise (^Winter^) to
land my Lord Priuie Seale in the West 
Countrey?
(^Throckmorton.^) 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; but because you are so forgetful, 
I will recite wherefore: In communication
betwixt (^Winter^) and me, as he declared to me that
the (^Spanyards^) provided to bring their Prince hither,
so the (^Frenchmen^) prepared to interrupt his
Arrival, for they began to arme to the Sea, and had
already certain Shippes on the West Cost, (as he
heard) 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 (^Frenchmen^) beeing
wel prepared to meete with them; and therefore
for all Euents it were good you should put
my said Lord in the West Countrey, in case you
espie any jeoperdie. But what doth this proue to
the Treasons, if I were not able to giue conuenient
Reasons to my talke?
<P I,67.C1>
(^Stanford.^) Mary Sir, now commeth the Proofes
of youre Treasons: you shal heare what (^Cutbert
Vaughan^) sayth against you.
   Then Sergeant (^Stanford^) did reade (^Vaughan's^)
Confession, tending to this effect, That (^Vaughan^)
comming out of (^Kent^) , met with (^Throckmorton^) at
M. (^Warner's^) House, who after he had don Commendations 
from (^Wyat^) to him, desired to know
where (^Crofts^) was; (^Throckmorton^) answered, either
at (^Arundel^) House where he lodgeth, or in (^Poules^) .
Then (^Vaughan^) desired to know howe thyngs went
at (^London^) saying, M. (^Wyat^) and wee of (^Kent^) do
much mislike the Mariage with (^Spaine^) , and the 
comming of the (^Spanyardes^) for diuers respectes;
howbeit, if other Countries mislike them as (^Kent^)
doth, they shall be but hardly welcome: and so
they parted. Shortly after (^Throckmorton^) met with
(^Vaughan^) in (^Poules^) , unto whome (^Throckmorton^)         #
declared
with sundry Circumstances, that the Western
Men were in readinesse to come forwards; and
that Sir (^Peter Caroe^) had sent unto him euen now,
and that he had in order a good Band of Horsemen,
and an other of Footemen. Then Vaughan
demanded what the Erle of (^Devon^) would do;
(^Throckmorton^) answered he will marre all, for he
will not go hence; and yet Sir (^Peter Caroe^) wold
mete him with a Band both of Horsemen and
Footemen, by the way of (^Andeuer^) , for his Safeguard; 
and also he should haue bin well accompanyed
from hence with other Gentlemen, yet all this
wyl not moue him to departe hence. Moreouer,
the said Erle hath, as is said, discovered al the
whole matter to the Chancellor, or else it is
comen out by his Taylor, aboute the trimming
of a Shirte of Mayle, and the making of a Cloke.
At another time, (^Vaughan^) saith, (^Throckmorton^) shewed
him, that he had sent a Poste to Sir (^Peter Caroe^)
to come forwarde with as muche speede as might
be, and to bring his force with him. And also
(^Throckmorton^) advised (^Vaughan^) to will M. (^Wyat^)
come forward with his Power, for nowe was the
time, in as much as the (^Londoners^) would take his
part, if the matter were presented unto them.
(^Vaughan^) said also, that (^Throckmorton^) and (^Warner^)
should haue ridden with the said Erle Westward.
Moreouer, the said (^Vaughan^) deposed, that (^Throckmorton^)
shewed him in talke of the Erle of (^Pembroke^) , 
that the said Earle woulde not fight against 
them, though hee woulde not take their partes.
Also (^Vaughan^) said, That (^Throckmorton^) shewed hym
that he would ride downe to (^Barkeshire^) to Sir
(^Francis Englefield's^) House, there to meete his eldest 
Brother, to moue him to take his part. And
this was the Summe of (^Cutbert Vaughan's^) 
Confession.
(^Stanford.^) How say you, doth not heere appeare
euident matter to proue you a Principal, who
not onely gaue order to Sir (^Peter Caroe^) and his 
Adherents, for their rebellious actes in the West
Countrey; but also procured (^Wyat^) 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? Besides all this euident Matter, you were
specially appointed to go away with the Earle of
(^Devon^) , as one that would direct all thinges, and
giue order to all Men; and therefore (^Throckmorton^) ,
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.
<P I,67.C2>
(^Bromley.^) Howe say you, will you confesse the
matter? and it will be best for you.
(^Throckmorton.^) No, I will neuer accuse my selfe
unjustly; but in as muche as I am come hither to
bee tried, I pray you let me haue the Law 
favourably.
(^Attourney.^) It is apparent that you lay at (^London^)
as a Factor, to giue Intelligence as well to
them in the West, as to (^Wyat^) in (^Kent^) .
(^Throckmorton.^) How proue you that, or who doth
accuse me but this condemned Man?
(^Attourney.^) Why, will you denie this matter? you
shall haue  (^Vaughan^) justifie his whole Confession
here before your Face.
(^Throckmorton.^) It shal not neede, I know his
unshamefastnes, he hath aduowed some of this
vntrue talk before this tyme to my Face; and it
is not otherwise like, considering the price, but
he wil do the same again.
(^Attourney.^) My Lords and Maisters, you shall
haue (^Vaughan^) to justifie this heere before you all,
and confirm it with a Booke Oth.
(^Throckmorton.^) He that hath said and lyed, will
not, being in this case, sticke to swear and lye.

   (^Then was^) Cutbert Vaughan (^brought into the open
Court^) .

(^Sendall.^) How say you, (^Cutbert Vaughan^) , is this
your own Confession, and wil you abide by all
that is here written?
(^Vaughan.^) Let me see it, and I will tell you.
Then his Confession was shewed him.
(^Attourney.^) Bycause you of the Jury the better
may credite him, I pray you my Lords let
(^Vaughan^) be sworn.

   (^Then was^) Vaughan (^sworne on a Booke to say nothing
but the Truth^) .

(^Vaughan.^) 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 (^Nicholas
Throckmorton^) , vnto whome I bear no displeasure;
but sithence I must needes confesse my
Knowledge, I must confesse all that is there written
is true. How say you M. (^Throckmorton^) , was
there any displeasure betwene you and me, to
moue me to say aught against you?
(^Throckmorton.^) Not, that I know: how say you
(^Vaughan^) , what Acquaintance was there between
you and me, and what Letters of Credit, or
Token did you bring me from (^Wyat^) , or any other
to moue me to trust you?
(^Vaughan.^) As for Acquaintance, I knew you as
I did other Gentlemen; and as for Letters, I
brought you none other but Commendations from
M. (^Wyat^) , as I did to diuers other of his Acquaintance
at (^London^) .
(^Throckmorton.^) You might as well forge the Commendations
as the rest; but if you haue done
with (^Vaughan^) , my Lords, I pray you giue me
leaue to aunswere.
(^Bromely.^) Speak, and be short.
(^Throckmorton.^) I speak generally to all that be
heere present, but especially to you of my Jury,
touching the Credit of (^Vaughan's^) Depositions against
me, a condemned Man; and after to the
Matter: and note I pray you the Circumstances,
<P I,68.C1>
the better to induce somewhat material. First
I pray you remember the small Familiaritie betwixt
(^Vaughan^) and me, as he hathe auowed before
you. And moreouer, to procure Credite at my
hand, he brought neither Letter nor Token from
(^Wyat^) , nor from any other to me, which he also
hath confessed here, and I will suppose (^Vaughan^)
to be in as good Condition as any other Man
here, that is to say, an uncondemn'd Man; yet I
referre it to your good Judgment, whether it were
lyke that I knowing onely (^Vaughan's^) Person from
another Man, and having none other Acquaintance
with him, would so frankly discouer my
mind to him in so dangerous a matter. 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? And thogh I be no wise
Man, I am not so rash to vtter to an unknowen
Man (for so may I call him in comparison) a
matter so dangerous for me to speake, and him
to heare; but bycause my Trueth and his Falsehood
shall the better appear unto you, I will declare
his Inconstancy in vttering this his Euidence;
and for my better Credite, it may please
you, M. (^Southwell^) , I take you to witnes, when
(^Vaughan^) first justified this his unjust Accusation
against me before the L. (^Paget^) , the L. Chamberlaine,
you M. (^Southwell^) , and others, he referred
the Confirmation of this surmised matter to a
Letter sent from him to Sir (^Thomas Wyat^) ; which
Letter doth neither appeare, nor any Testimony
of the said M. (^Wyat^) against mee touching the
matter: for I doubte not Sir (^Thomas Wyat^) hath
bin examin'd of me, and hathe sayde what he
could directly or indirectly. Also (^Vaughan^) saith,
that yong (^Edward Wyat^) coulde confirme this matter,
as one that knew this pretended Discourse
betwixt (^Vaughan^) and me; and thereupon I made
sute that (^Edward Wyat^) might either be brought
face to face to me, or otherwise be examined.
(^Southwell.^) M. (^Throckmorton^) , you mistake your
matter, for (^Vaughan^) said, that (^Edward Wyat^) did
know some part of the matter, and also was priuie
to the Letter that (^Vaughan^) sent to Sir (^Thomas Wyat^) .
(^Throckmorton.^) Yea, Sir, that was (^Vaughan's^) 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, then
he vsed this Alteration: but where is (^Edward
Wyat's^) Depositions of any thing against me, now
it appeareth neither his firste nor his last Tale
to be true? For you knowe, M. (^Bridges^) , and so
doth my Lord your Brother, that I desired twice
or thrice (^Edward Wyat^) shuld be examined; and I
am sure, and most assured, he hathe bin willed to
say what he could, and here is nothing deposed
by him against me, eyther touching any Letter
or other Conference; or where is (^Vaughan's^) Letter
sent by Sir (^Thomas Wyat^) concerning my
Talke?
   But now I will speake of (^Vaughan's^) present
Estate, in that he is a condemned Man, whose
Testimonie is nothing worthe by any Lawe; and
bycause false Witnes be mentioned in the Gospel,
treating of Accusation, hearke I pray you what
S. (^Jerome^) sayeth, expounding the place: it is demanded
why Christes accusers be called false Witnesses,
which did report Christ's Words not as
he spake them; they be false witnesses saith S. (^Jerome^) ,
<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: for all Men may
easily gather he cannot speake truely of me, or
in the case of another Man's Life, where he hath
hope of his owne by Accusation. Thus much
speaketh S. (^Jerome^) of false Witnes. By the ciuil
Law there be many Exceptions to be taken agaynst
such Testimonies; but bycause we be not
gouerned by that Law, neither I haue my Trial by
it, it shal be superfluous to trouble you therewith,
and therefore you shall heare what your
owne Lawe doth say. There was a Statute made
in my late Soueraigne Lord and Maister his time,
touching Accusation, and these be the Words:
   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. 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 (if they be then liuing)
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.
   Here note I pray you, that our Lawe dothe
require two lawfull and sufficient Accusers to be
brought face to face, and (^Vaughan^) is but one, and
the same most vnlawfull and insufficient; 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?
Remember, I pray you, howe long and how many
times (^Vaughan's^) Execution hathe bin respited,
and how often hee hathe bin conjured to accuse,
(whych by Goddes Grace hee withstoode vntill
the last Houre) what time perceyuing there was
no way to liue, but to speake againste mee or
some other (his former Grace beeyng taken away)
did redeeme his Lyfe most unjustly and
shamefully, as you see.
(^Hare.^) Why shoulde he accuse you more than
any other, seeyng there was no displeasure betwixte
you, if the matter had not bin true?
(^Throckmorton.^) Bycause he must eyther speake of
some Man, or suffer Deathe; 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. But to you of my Jury
I speake specially, and therefore I pray you note
what I say: 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: 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; 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: muche more I may of right take
Exception to (^Vaughan's^) Testimonie, my Lyfe and
all that I haue depending therevppon; and the
same (^Vaughan^) beeyng more bounde to the Queenes
Highnesse, my Aduersarie (that wo is me therefore,
but so the Lawe dothe here so tearme hyr
Majestie) than anye Villayne is to hys Lord; for
hir Hyghnesse hath not onely Power ouer hys
Bodye, Lands, and Goodes, but ouer his Lyfe also.
(^Stanford.^) Yea, the Exceptions are to be taken
agaynste the Jury in that case; but not agaynst the
Witnes or Accusor, and therefore youre Argument
serueth little for you.
(^Throckmorton.^) That is not so, 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.
And thus I make my Comparison: By the
Ciuil Law the Judge doth giue Sentence upon the
Depositions of the Witnes, 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; and so
(^Vaughan's^) 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. Therefore I may use the same Exceptions
against the Jury, or any of them, as the principal
mean, that shall occasion my Condemnation.
(^Bromley.^) Why, do you denie, that euery part of
(^Vaughan's^) Tale is untrue?
(^Attourney.^) You may see he will denie all, and
say there was no such Communication betwixt
them.
(^Throckmorton.^) I confesse some part of (^Vaughan's^)
Confession to be true, as the Name, the Places,
the Time, and some part of the Matter.
(^Attourney.^) So you of the Jury may perceiue the
Prisoner doth confesse some thing to be true.
(^Throckmorton.^) As touching my sending to Sir (^Peter
Caroe^) , or his sending to me, or concerning
my Aduice to M. (^Wyat^) to sturre, or to repaire
hither, or touchyng the Earl of (^Deuon^) parting
hence, and my going with him, and also concerning
the matter of the Earle of (^Pembroke^) , I
do aduow and say that (^Vaughan^) hath said untruely.
(^Southwell.^) As for my Lord of (^Pembroke^) , you
neede not excuse the matter, for he hath shewed
himselfe cleere in these matters like a Nobleman,
and that we all know.
(^Hare.^) Why what was the talke betwixt
(^Vaughan^) and you so long in (^Poules^) , if these were
not so, and what meant your oft Meetings?
(^Throckmorton.^) As for our often Meetings, they
were of no set purpose, but by chance, and yet no
oftner than twice; but sithence you would know
what Communication passed betwixt us in (^Poules^)
Church, I will declare. We talked of the Incommodities
of the Marriage of the Queene with
the Prince of (^Spayne^) , and grieuous the (^Spanyards^)
would be to vs here. (^Vaughan^) said, that
it should be very dangerous for any Man that
truly professed the Gospel to liue here, such was
the (^Spanyards^) Crueltie, and especially against
<P I,69.C2>
Christian Men. Whereunto I answered, it was
the Plague of God come justly vpon vs; and
now Almighty God dealt with vs, as he did
with the (^Israelites^) , taking from them for their
vnthankefulnes their Godly Kings, and did send
Tirants to raign over them; even so he handled
us (^Englishmen^) , whiche hadde a most godly
and vertuous Prince to raigne ouer vs, my late
Soueraigne Lord and Maister King (^Edwarde^) ,
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; for euery Man of euery Estate
did colour his naughty Affections with a pretence
of Religion, and made the Gospell a staulking
Horse to bring their euil desires to effect. This
was the Summe of our talke in (^Poules^) , somewhat
more dilated.
(^Stanford.^) That it may appeare yet more euidently
howe (^Throckmorton^) was a principal Doer and
Counsellor in this matter, you shall heare his owne
Confession of his own hand writing. The Clerke
did begin to reade; (^Throckmorton^) desired M. (^Stanford^)
to read it, and the Jury well to marke it.
Then M. (^Stanford^) did read the Prisoner's own
Confession to this effect, that (^Throckmorton^) had
Conference with (^Wyat, Caroe, Croftes, Rogers^) and
(^Warner^) , as well of the Queenes Mariage with the
Prince of (^Spayne^) , as also of Religion, and did             #
particularly
confer with euery the forenamed of the
matters aforesaid. Moreouer, with Sir (^Thomas
Wyat^) , the Prisoner talked of the bruite, that the
Western Men should much mislike the comming of
the (^Spanyards^) 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 (^Exeter^) . (^Wyat^) also did say,
that Sir (^Peter Caroe^) could not bring the same matter
to good effect, nor was there any Man so
mete to bring it to good effect, as the Erle of
(^Devon^) ; and especially in the West Country, in as
much as they did not draw al by one line. Then
(^Throckmorton^) ask'd how the (^Kentishmen^) were affected
to the (^Spanyards^) ? (^Wyat^) said, the People
like them euill ynough, and that appeared now at
the comming of the Count (^Egmont^) , for they were
ready to sturre against him and his Traine, supposing
it had bin the Prince; but said (^Wyat^) ,
Sir (^Robert Southwel^) , M. (^Baker^) , and M. (^Moyle^) , 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.
Then (^Throckmorton^) shuld say, though I know ther
hath bin an vnkindnesse betwixt M. (^Southwell^) 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, and so you
may be sure of the Lord (^Burgainey^) and his Force.
Then (^Wyat^) said, it is for another matter than
for Money that we disagree, wherein he hath
handled me and others very doubly and vnneighbourly;
howbeit he can do no other, neither to
me, nor to anye other Man, and therefore I forgiue
him. (^Item^) , with Sir (^Peter Caroe, Throckmorton^) 
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 (^Peter Caroe^) told                   #
(^Throckmorton^) ,
that he trusted his Countrymen would be
true (^Englishmen^) , and would not agree to let the
(^Spanyards^) to gouerne them. (^Item^) , the said Sir
(^Peter Caroe^) sayd, the matter importing the (^French^)
King as it did, he thought the (^French^) King would
work to hinder the (^Spanyards^) coming hither, with
whome the said Sir (^Peter^) dyd thinke good to
practise for Armour, Municions and Money.
Then (^Throckmorton^) did advise him to beware
that he brought any (^Frenchmen^) into the Realme
forceably, in as much as he could as euill
abyde the (^Frenchmen^) after that sort as the (^Spanyards^) .
And also (^Throckmorton^) thought the (^French^)
King vnable to giue aide to vs, by meanes of the
great Consumption in their own Warres. M. (^Caroe^)
said, as touching the bringing in of (^Frenchmen^) ,
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 (^Throckmorton^) ,
that he had a small Barke of his owne to
worke his practise by; and so he said, that
shortely he intended to depart to his own Countrey
to vnderstand the Deuotion of his Countrymen.
(^Item, Throckmorton^) did say, he would for his
part hinder the comming in of the (^Spaniards^) as
much as he could by Perswasion. (^Item^) , to Sir
(^Edward Warner^) , he had and did bemone his owne
Estate, and the Tyrannie of the tyme extended
upon dyuers honest Persons for Religion, and
wished it were lawfull for all of each Religion
to liue safely according to their Conscience; for
the Law ( (\Ex officio\) ) will be intolerable, and the
Cleargies discipline now may rather be resembled
to the (^Turks^) Tyrannie, than to the teaching
of Christian Religion. This was the Summe of
the matter, whiche was red in the foresaid Confession, 
as matters most grieuous against the Prisoner.
Then (^Throckmorton^) 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, 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 (as
appeareth by my Answers) examined; for I perceiue
the Net was not cast only for little Fishes,
but for the great ones, (\juxta adagium\) .
(^Stanford.^) It shall be but losse of tyme, and we
haue other things to charge you withall, and this
that you desire doth make nothing for you.
(^Dyer.^) 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 (^Suffolkes^) Depositions against him, who
was a Principal, and hath suffered accordingly.
Then the said Sergeant red the Dukes Confession
touching the Prisoner, amounting to this effect;
That the Lord (^Thomas Grey^) did informe the said
Duke, that Sir (^Nicholas Throckmorton^) was privie to
the whole Deuises againste the (^Spanyardes^) , and
was one that shoulde goe into the (^West-Country^)
with the Earle of (^Deuonshire^) .
(^Throckmorton.^) But what doth the principall Author
of thys matter say against me, I mean the
Lord (^Thomas Grey^) , who is yet liuing? Why is not
his Deposition brought against me, for so it ought
to bee, if he can say any thing? Will you know
the Trueth? Neyther the Lord (^Thomas Grey^) 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. I speake not without
certaine knowledge: for the Lord (^Thomas Grey^) ,
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.
(^Southwell^) , and other the Examinors not long ago.
I am sure if the Lord (^Thomas^) could or would haue
said any thing, it should haue bin here now: And
as to the Dukes Confession, it is not material, for
he doth referre the matter to the Lord (^Thomas's^)
Report, who hath made my Purgation.
(^Attorney.^) And it please you my Lordes, and
you my Maisters of the Jury, besides these matters
touching (^Wyats^) Rebellion, Sir (^Peter Caroes^)
Treasons, and confederating with the Duke of
(^Suffolke^) ; and besides the Prisoners Conspiracie
with the Earle of (^Deuon^) , with (^Crofts, Rogers, Warner^) ,
and sundry others in sundrye Places, it shall
manifestly appeare vnto you,  that (^Throckmorton^)
did conspire the Queens Majesties Death with
(^William Thomas^) , Sir (^Nicholas Arnold^) , and other
Traitors intending the same; which is the greatest
matter of all others, and most to be abhorred;
and for the Proofe hereof you shall heare what (^Arnold^)
sayth. Then was Sir (^Nicholas Arnold's^) Confession
redde, affirming that (^Throckmorton^) shewed
vnto him, riding betwixt (^Hinam^) and (^Crosse Laund^)
in (^Glocestershire^) , that (^John Fitz-williams^) was verye
much displeased with (^William Thomas^) .
(^Attorney. William Thomas^) devised, that (^John
Fitzwilliams^) should kyll the Quene; and (^Throckmorton^)
knew of it, as appeareth by (^Arnold's^)
Confession.
(^Throckmorton.^) First I denie that I saide anye
suche thing to Mr. (^Arnold^) ; 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; for he is charged
with the mater as principal, which I did perceiue
when he charged mee with his Tale; 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 (^William Thomas^) .
But truely, I neuer spake anye suche wordes
vnto him; and for my better Declaration, I did
see (^John Fitzwilliams^) here euen now, who can testifie,
that he neuer shewed me of any Displeasure
betwixt them: and as I know nothing of
the Displeasure betwixt them, so I know nothing
of the Cause. I pray you, my Lordes, let him
bee called to depose in thys matter what hee can.
Then (^John Fitzwilliams^) drew to the Barre, and presented
himselfe to depose his knowledg in the matter
in open Court.
(^Attorney.^) I pray you, my Lordes, suffer him
not to be sworne, neither to speake; we haue nothing
to do with him.
(^Throckmorton.^) Why shulde hee not bee suffered
to tell Truthe? And why bee yee not so well contented
to heare Troth for mee, as Untroth against
me?
(^Hare.^) Who called you hither (^Fitzwilliams^) , or
commaunded you to speake? you are a verye busie
Officer.
(^Throckmorton.^) I called him, and doe humbly desire,
that he may  speake and be heard as well as
(^Vaughan^) , or else I am not indifferently vsed; specially
seeing Maister Atturny doth so presse this
matter against me.
<P I,71.C1>
(^Southwell.^) Goe youre wayes (^Fitzwilliams^) , the
Courte hath nothing to doe with you; peraduenture 
you woulde not bee so readie in a good Cause.
   Then (^John Fitzwilliams^) departed the Court, and
was not suffered to speake.
(^Throckmorton.^) 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. And nowe
to Maister (^Arnoldes^) 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.
But because the wordes be not sore strayned against
me, I praye you, Maister Atturney, why
might not I haue tolde Maister (^Arnolde^) , that (^John
Fitzwilliams^) was angrie with (^William Thomas^) , and
yet knowe no cause of the Anger? it might be
vnderstande, to disagree oftentimes. Who doth
confesse that I knowe any thing of (^William Thomas^)
Deuise touching the Quenes Death? I will aunswere,
no Man: For Maister (^Arnolde^) doth mention 
no worde of that matter, but of the Displeasures
betwixte them; and to speake that, dothe
neyther proove Treason, nor knowledge of Treason. 
Is here all the Euidence againste me that
you haue to bring mee within the compasse of the
Inditement?
(^Stanford.^) Methinke the Matters confessed by
others against you, together with your owne
Confession, will weye shrewdlye. But howe saye
you to the Rising in (^Kent^) , and to (^Wiats^) Attempte
againste the Queenes Royal Person at hir Palace?
(^Bromley.^) Whye do you not reade (^Wiat's^) Accusation
to him, whiche dothe make him Partener to
his Treasons?
(^Southwell. Wiat^) hath grieuouslye accused you,
and in manye thinges that others haue confirmed.
(^Throckmorton.^) Whatsoeuer (^Wiat^) hath saide of
me in hope of his Life, he vnsayde it at his Death.
For since I came into this Hall, I hearde one saye
(but I knowe him not) that (^Wiat^) , upon the Scaffolde,
didde not onelye purge my Ladie (^Elizabeth^)
hir Grace, and the Earle of (^Deuonshire^) , but
also al the Gentlemen in the (^Tower^) , saying, they
were all ignoraunt of the Sturre and Commotion;
in whiche number I take my selfe.
(^Hare.^) Notwithstanding he saide, all that he had
written and confessed to the Counsayle, was true.
(^Throckmorton.^) Nay, Sir, by your patience, Maister
(^Wiat^) sayde not so, that was Maister Doctors
Addicion.
(^Southwell.^) It appeareth you haue hadde good
Intelligence.
(^Throckmorton.^) Almightie God prouided that Reuelation
for mee this Daye since I came hither:
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. And
nowe to you of my Jurie I speake especiallye,
whome I desire to marke attentively, what shall
be sayde: I haue been indited, as it appeareth,
and now am arreigned of compassing the Queenes
Majesties Death, of levying Warre againste the
Queene, of taking the Tower of (^London^) , 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 (^Nicholas Arnoldes^)
Depositions; whiche is, that I shoulde saye
to the said Sir (^Nicholas^) in (^Glocestershire^) that Maister
(^John Fitzwilliams^) was angrie with (^William
Thomas^) . 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. And neuerthelesse,
though it were graunted, the Depositions proue
nothing concerning the Queenes Death. For leuying
of Warre againste the Queene, there is alledged
my Conference with Sir (^Thomas Wiat^) , Sir 
(^James Crofts^) , Sir (^Edwarde Rogers^) , Sir (^Edwarde
Warner^) , againste the Marriage with (^Spaine^) , and
the comming of the (^Spaniardes^) hither; which talke
I doe not denie in sorte as I spake it, and ment
it; and notwithstanding the maliciovs gathering
this Day of my Conference, proueth yet no levying
of Warre. There is also alledged for proofe
of the same Article, Sir (^James Croft's^) Confession, 
which as you remember, implieth no such thing,
but generall talk againste the Mariage with (^Spaine^) ,
and of my departing Westwarde with the Earl
of (^Devon^) , which the sayde (^James^) doth not auowe,
and therefore I praye you consider it as not
spoken. There is also for proofe of the sayde Article,
the Duke of (^Suffolkes^) Confession, with whom
I neuer had Conference; and therefore he advouched
the tale of his Brother's Mouth, who
hath made my Purgation in those Matters, and
yet if the matter were proued, they be not
greatly materiall in Lawe. 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, (^Cuthert Vaughan's^) 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. Also for the taking of the
Tower of (^London^) , there is alledged (^Winter's^)            #
Depositions,
which vttereth my misliking, when he
vttered vnto mee Sir (^Thomas Wiat's^) Resolution and
Deuise for attempting of the sayde peece. 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. 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 (^Edwarde^) the
Third; both which Statutes I pray you my Lords
may be redde here to the Enquest.
(^Bromley.^) No, for there shall be no Bookes
brought at your desire; we know the Law sufficiently
withoute Booke.
(^Throckmorton.^) Do you bring me hither to trie
mee by the Lawe, and will not shewe me the
Lawe? What is your Knowledge of the Lawe to
these Mens Satisfactions, which haue my Triall
in hande? 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.
(^Stanford.^) My Lord Chief Justice can shew the
Lawe, and will, if the Jurie doe doubt of any
Poynt.
(^Throckmorton.^) You knowe it were indifferent
that I should knowe and heare the Law whereby
I am adjudged; and forasmuch as the Statute is in
(^Englishe^) , Men of meaner Learning than the Justices,
can vnderstande it, or else how shoulde
we know when we offend?
(^Hare.^) You knowe not what belongeth to youre
case, and therefore we must teach you: it appertaineth
not to vs to prouide Bookes for you, neyther
sit wee here to be taught of you; you should
haue taken better hede to the Law before you
had come hither.
(^Throckmorton.^) Bicause I am ignoraunt, I woulde
learne, and therefore I haue more neede to see
the Law, 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.
And now if it please you my Lorde Chiefe Justice,
I do direct my Speach specially to you. 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.
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. 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: and in thus doing you
shal shew your selves worthy Ministers, and fit
for so worthie a Mistresse.
(^Bromley,^) You mistake the matter, the Queene
spake those Wordes to maister (^Morgan^) Chiefe
Justice of the Common Place; but you haue no
cause to complaine, for you haue been suffered to
talke at your pleasure.
(^Hare.^) What woulde you doe with the Statute-Booke?
the Jury doth not require it, they haue
hearde the Euidence, and they must vppon their
Conscience trie whether you bee guiltie or no,
so as the Booke needeth not: if they will not
credite the Euidence so apparent, then they know
what they haue to doe.
(^Cholmley.^) You ought not to haue any Bookes
red here at your Appointment, for where doth
aryse any doubte in the Law, the Judges sitte
here to informe the Court; and now you doe
but spende time.
(^Attourney.^) I pray you my Lorde Chiefe Justice
repeate the Euidence for the Queene, and giue
<P I,72.C2>
the Jurie their Charge, for the Prisoner will keepe
you here all day.
(^Bromley.^) How saye you, haue you any more to
saye for your selfe?
(^Throckmorton.^) You seeme to giue and offer mee
the Lawe, but in very dede I haue only the
Forme and Image of the Lawe; neuerthelesse,
since I cannot be suffred to haue the Statutes
red openly in the Booke, I will by your Pacience
gesse at them, as I may, and I pray you to help
me if I mistake, for it is long since I did see
them. 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 (^Edward^) III.
touching and concerning Treasons, and the Declaration
of Treasons, and none other. Here
may you see this Statute doth referre all the
Offences aforesayde, to the Statute of the xxv.
of (^Edward^) 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.
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 (^ouert acte^) . 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; or
where doth appeare any open Deede of being adherent
to the Queenes Enimies, giuing to them
ayde and comfort; or where doth appeare any
open Deede of taking the Tower of (^Loudon^) ?
(^Bromley.^) Why doe not you of the Queenes
learned Counsell aunswere him? Me thinke,
(^Throckmorton^) , you neede not to haue the Statutes,
for you haue them meetely perfectly.
(^Stanford.^) You are deceyued, to conclude all
Treasons in the Statute of the xxv. Year of (^Edwarde^)
the Thirde; for that Statute is but a Declaration
of certaine Treasons, whiche were
Treasons before at the Common Lawe. 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.
Neuerthelesse, there is matter sufficient
alledged and proued against you to bringe you
within the compasse of the same Statute.
(^Throckmorton.^) I praye you expresse those Matters
that bring me within the compasse of the
Statute of (^Edwarde^) the Third; for the Wordes be
these, And be thereof attainted by open Deede
by People of like Condicion.
(^Bromley. Throckmorton^) , you deceyue your selfe,
and mistake these Wordes, by People of their
Condicion; for thereby the Lawe doth vnderstande
<P I,73.C1>
the discouering of your Treasons. As for
example, (^Wiat^) 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 (^Wiat^) is now
one of your Condicion, who as all the Worlde
knoweth, hath committed an open trayterous
Fact.
(^Throckmorton.^) By your leaue, my Lorde, this is
a very straunge and singular Understanding. 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: for what haue I
to doe with (^Wiat's^) actes, that was not nigh him
by one hundred Myles?
(^Attorney.^) Will you take vppon you to skill better
of the Lawe than the Judges? I doubt not
but you of the Jurie will credit as it becommeth
you.
(^Cholmley.^) Concerning the true vnderstanding of
these Words, By People of their Condicion, my
Lord Chiefe Justice here hath declared the Truth; 
for (^Wiat^) was one of your Condicion, that is to
say, of your Conspiracie.
(^Hare.^) You doe not denie, (^Throckmorton^) , but
that there hath bene Conference, and sending
betweene (^Wiat^) and you, and he and (^Winter^) doth
confesse the same, with others; so as it is playne,
(^Wiat^) may well be called one of your Condicion.
(^Throckmorton.^) 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. But where dothe appeare in mee an open
Deede, wherevnto the Treason is speciallye
referred?
(^Bromley.^) If thre or or foure do talke, deuise, and
conspire togither of a trayterous Acte to be done,
and afterwards one of them doth commit Treason,
as (^Wiat^) did; then the Lawe doth repute
them, and euerye of them as their Actes; so as
(^Wiat's^) Actes do implie and argue your open Deede,
and so the Lawe doth terme it and take it.
(^Throckmorton.^) These be marueylous Expositions,
and wonderfull Implications, that another Man's
acte, whereof I was not privy, should be accounted
myne; for (^Wiat^) did purge me that I knew
nothing of his stirre.
(^Hare.^) Yea, Sir, but you were a principal Procurer
and Contriuer of (^Wiat's^) Rebellion, though
you were not with him when he made the stirre.
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
(^Wiat^) , and others; for so the Ouert Acte of those
whiche did it by your Procurement, shall in this
case be accounted your open Deede. 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, and giueth remedie
as well against the one as the other.
(^Throckmorton.^) For God's sake applie not such
Constructions against me; 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, you your selues I
say shall assuredly receyue the same agayne.
<P I,73.C2>
The state of mortall Life is such, that Men
know full little what hangeth ouer them. 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. As to your case
last recited, whereby you woulde conclude, I
haue remembred and learned of you Master (^Hare^) ,
and you Master (^Stanforde^) 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:
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. 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. And amongst diuers
good and notable Reasons by you there in the  
Parliament House debated, Maister Sergeant
(^Stanforde^) , I noted this one, why the said Maxime
ought to be inuiolable: you said, considering
the priuate Affections many tymes both 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. And that is an aunswere
by procurement.
(^Bromley.^) 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.
(^Attourney.^) It doth appeare, the Prisoner did not
only intise or procure (^Wiat, Caroe, Rogers^) , and
others, to commite their trayterous Actes, and
there doth his open factes appear, whiche
(^Vaughan's^) Confession doth witnesse; but also he
did mynde shortlye after to associate himselfe
with those Traytours; for hee minded to haue
departed with the Earle of (^Deuonshire^) 
Westwardes.
(^Throckmorton.^) My Innocencie concerning these
matters, I trust, sufficiently appeareth by my
former Aunswers, notwithstanding the condempned
Man's unjust Accusation. 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: and that I
doe learne and proue by the principle which I
learned of Maister (^Stanforde^) .
(^Stanforde.^) Maister (^Throckmorton^) , you and I maye
not agree this Day in the understanding of the
Lawe, for I am for the Queene, and you speake
for your selfe: the Judges must determine the
matter.
(^Bromley.^) 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; and in
case of Treason, it hath bene alwayes so taken
and reputed.
(^Throckmorton.^) I doe and must cleaue to my Innocencie,
for I procured no Man to committe
<P I,74.C1>
Treason; but yet for my Learning I desire to heare
some case so ruled, when the Lawe was as it is
nowe. 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 (^Henrie^) the VIIIth's tyme, you
might lawfullye make this cruell Construction, and
bring the procurer within the compasse of the
Lawe. But these Statutes being repealed, you
ought not nowe so to doe; and as to the principal
procurer in Fellonie and Murther, it is not lyke
as in Treason, for the Principal and Accessaries
in Felonie and Murther be triable and punishable
by the common Law; and so in those cases
the Judges may use their Equitie, extending the
determinacion of the fault as they thinke good:
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.
(^Stanforde.^) 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.
(^Hare.^) Maister Sergeaunt doth remember you
(^Throckmorton^) , of an Experience before our time,
that the Lawe hath bene so taken, and yet the
procurer was not expressed in the Statute, but the
Lawe hath ben always so taken.
(^Throckmorton.^) I neuer studied the Law, wherof
I do much repent mee; 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. And if I misreport them, I pray you helpe
me. 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. And here is two cases with
me, for one against me.
(^Bromley.^) Bicause you replie so sore upon the
principle, I will remember, where one taking
the Great Seale of (^Englande^) from one Writing,
and putting it to another, was adjudged a Traytour
in (^Henry^) the IVth's tyme, and yet his act was
not within the expresse words of the Statute of
(^Edwarde^) the Third. There be diuerse other such
like cases that maye be alledged and need were.
(^Throckmorton.^) I pray you my Lord Chiefe Justice,
call to your good Remembraunce, that in the selfe
same case of the Seale, Justice (^Spilman^) , 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.
(^Stanforde.^) If I had thought you had bene so
well furnished with Booke Cases, I woulde haue
bene better prouided for you.
(^Throckmorton.^) I haue nothing but I lerned of you
specially M. Sergeant, and of others my Masters
of the Law in the Parliament House; and therefore
I may say with the Prophet, (\Salutem ex inimicis
nostris\) .
(^Southwell.^) You have a very good Memorie.
(^Attorney.^) If the Prisoner may auoyde his Treasons
after this maner, the Queenes Suretie shall bee
in great jeoperdy. For (^Jack Cade^) , 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 (^Wiat^) ,
the Duke of (^Suffolke^) , and these did against the
(^Spanyardes^) , when there was no (^Spanyardes^) within
the Realme. The Duke and his Brethren did
mistake the Lawe, as you doe, yet at length did
confesse their Ignorance, and submitted themselves.
And so were you best to doe.
(^Throckmorton.^) As to (^Cade^) and the Blacksmith, I
am not so well acquainted with their Treasons as
you bee; but I haue red in the Chronicle, they
were in the Fielde with a force against the Prince,
whereby a manifest acte did appeare. As to the 
Duke of (^Suffolke's^) doings, they appertaine not to
mee. And tho you woulde compare my speache
and talke against the (^Spanyardes^) , to the Duke's
actes, who assembled a force in Armes, it is euident
they differ much: I am sorie to engreue any
other Mans doings; but it serueth me for a piece
of my Defence, and therefore I wish that no Man
should gather euil of it, God forbid that words
and acts be thus confounded.
(^Attorney.^) Sir (^William Stanley^) used this shifte that
the Prisoner useth now, he sayde he did not leuie
War against King (^Henry^) the VII. but sayde to the
Duke of (^Buckingham^) , that in a good Quarrell he
wold aid him with 500 Men; and neverthelesse
(^Stanley^) was for those Words attainted, who, as all
the Worlde knoweth, had before that time serued
the King very faithfully and truly.
(^Throckmorton.^) I pray you Maister Attorney do
not conclude me by blinde contraries. Whether
you alledge (^Stanleyes^) case trulye or no, I knowe
not. But admitte it be as you saye, what dothe
this proue against me? I promised no ayde to
Maister (^Wiat^) , nor to anye other. The Duke of
(^Buckingham^) leuied Warre against the King, with
whom (^Stanley^) was confederate so to doe, as you
saye.
(^Attorney.^) I pray you, my Lords, that be the
Queenes Commissioners, suffer not the Prisoner to
vse the Queenes learned Counsell thus; I was neuer
interrupted thus in my Life, nor I neuer
knewe any thus suffered to talke, as this Prisoner
is suffered: some of us will come no more at the
Barre, and we be thus handled.
(^Bromley. Throckmorton^) , you must suffer the 
Queenes learned Counsell to speake, or else we
must take order with you; you haue had leaue to
talke at your pleasure.
(^Hare.^) It is proued that you did talke with
(^Wiat^) against the comming of the (^Spanyardes^) , and
deuised to interrupt their arrivall, and you promised
to doe what you coulde againste them;
wherevpon (^Wiat^) being encouraged by you, did
levie a force, and attempted Warre against the
Queenes Royal Person.
(^Throckmorton.^) It was no Treason, nor no procurement
of Treason, to talke agaynste the comming
hither of the (^Spanyardes^) , 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; yea though you
would extend it to the worste, it was but Words,
it was not Treason at this day as the Law
standeth: and as for (^Wiat's^) doings, they touche me
nothing, for at his Death, when it was no tyme to
report untruly, he purged me.
(^Bromley.^) 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.
And therefore your procurement being so
euident as it is, we may lawfully say it was
Treason, bycause (^Wiat^) perfourmed a trayterous
acte.
(^Throckmorton.^) As to the said alledged fore Precedents
against me, I haue recited as many for
me, and I would you my Lord Chief Justice shuld
incline your Judgements rather after the example
of your honourable Predecessors, Justice (^Markham^) ,
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.
(^Bromley.^) Justice (^Markham^) had reason to warrant
his doings; for it did appeare, a Merchant of
(^London^) was arraigned and slanderously accused of
Treason for compassing and imagining the King's
Death, he did say he would make his Sonne Heire
of the Crown, and the Merchant meant it of a
House in (^Cheapside^) at the Signe of the (^Crowne^) ; but
your case is not so.
(^Throckmorton.^) My Case doth differ, I graunt,
but specially bicause I haue not suche a Judge:
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 (^Edwarde^) 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. 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.
(^Portman.^) That Prouiso I understand of cases, that
may come in trial, which hath bin in vre, but the
Law hath always taken the Procurer to be a principal
Offender.
(^Sanders.^) The Law alwayes in cases of Treason
dothe accompte all Principalles, and no Accessaries
as in other Offences; and therefore a Man
offending in Treason, either by couert acte or procurement,
whereupon an open Deede hath ensued,
as in this case, is adjudged by the Lawe a principal
Traytoure.
(^Throckmorton.^) You adjudge (mee thinke) 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; and notwithstanding 
thys grieuous racking and extending of
this worde Procurement, I am not in the daunger
of it, for it doth appear by no Deposition, that I
procured neyther one or other to attempt any acte.
(^Stanforde.^) The Jurie haue to trye, whether it bee
so or no, let it weygh as it will.
(^Hare.^) I knowe no Meane so apparent to try
Procurement as by Words, and that Meane is
probable ynoughe agaynst you, as well by youre
owne Confession, as by other Mennes Depositions.
(^Throckmorton.^) To talke of the Queenes Maryage
with the Prince of (^Spayne^) , and also the commyng
hyther of the (^Spanyardes^) is not to procure Treason
to be done; for then the whole Parliament-house, 
I meane the common House, didde procure
Treason: 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 (^Edward^) the Sixth,
whiche apparently expresseth the Difference;
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, and also shal suffer Imprisonmente of
their Bodyes at the King's Will and Pleasure.
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. Whosoeuer, &c.
for the thirde Offence, shall for Term of Lyfe or 
Lyues of suche Offendour or Offendors, &c. 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. But whosoeuer, &c. by Writing,
Ciphering, or Acte, shall for the firste Offence be
adjudged a Traitour, and suffer the Paines of
Deathe. Here you may perceiue howe the
whole Realme and all your Judgementes hathe
beefore this vnderstande Wordes and Actes, diuerslye
and apparantlye; 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.
(^Bromley.^) 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;
and there is apparent Proofe of youre adhering to
(^Wiat^) , both by your owne Confession and other
wayes.
(^Throckmorton.^) Adhering and procuring bee not
all one; for the Statute of (^Edwarde^) the Thirde
doth speake of adhering, but not of procuring,
and yet adhering ought not be further extended,
than to the Quenes Enimies within her Realme,
for so the Statute doth limit the Vnderstanding.
And (^Wiat^) was not the Queenes Enimie, for hee
was not so reputed, when I talked with him last;
and our Speach implyed no Enmitie, neyther
tended to anye Treason, or procuring of Treason:
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.
(^Hare.^) Your adhering to the Queenes Enimies
within the Realme is euidently proued: for
(^Wiat^) was the Queenes Enimie wythin the Realme,
as the whole Realme knoweth it, and he hath
confessed it, both at his Arrainement and at his
Death.
(^Throckmorton.^) By your leaue, neither (^Wiat^) at
at his Arreignment, nor at his Death, did confesse,
that he was the Queenes Enimie, when I talked last
with him, 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
(^Inglefielde^) , where I learned the first Intelligence of
(^Wiats^) Stirre. And I aske you, who doth depose
that there passed anye maner of Aduertisement
betwixt (^Wiat^) and mee, after he had discouered
his Doings, and shewed himselfe an Enemie? If
<P I,76.C1>
I had bene so disposed, who did let mee, that I
did not repaire to (^Wiat^) , or to sende to him, or
to the Duke of (^Suffolke^) eyther, who was in myne
owne Countrey? and thither I might haue gone
and conueyed my selfe with him, vnsuspected for
my departing homewards.
(^Inglefielde.^) It is true that you were there at my
House, accompanied with others your Brethren,
and, to my knowledg, ignorant of these
Matters.
(^Bromley. Throckmorton^) , you confessed you talked
with (^Wiat^) and others against the comming of the
(^Spanyardes^) , and of the taking of the (^Tower^) of          #
(^London^) ;
wherevpon (^Wiat^) levied a Force of Men against
the (^Spanyardes^) he sayde, and so you saye
all, but in Deede it was against the Queene,
which he confessed at length: therefore (^Wiats^)
Actes doe proue you Counsayler and Procurer,
howsoeuer you woulde auoyde the matter.
(^Throckmorton.^) Me think you would conclude me
with a mishapen Argument in Logicke, and you
will giue mee leaue, I will make another.
(^Stanforde.^) The Judges sit not here to make Disputations,
but to declare the Law, which hath
bene sufficiently done, if you woulde consider it.
(^Hare.^) You haue hearde Reason and the Lawe,
if you will conceyue it.
(^Throckmorton.^) Oh mercifull God! Oh eternall
Father, which seest all things, what maner of
Proceedings are these? 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 (^Henrie^) the Eyght, and against some
Lawes made in my late Sovereigne Lorde and
Maisters time, King (^Edwarde^) the sixth? some
termed them (^Draco's Lawes^) , whiche were written
in Bloude: Some sayde they were more intolerable
than any Lawes, that (^Dionysius^) or any other
Tyraunt made. In conclusion, as many Men, so
manye bitter Termes and Names those Lawes
had. 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.
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
(^Edwarde^) 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. These Lawes albeit they were grieuous and
captious, yet they had the verie Propertie of a
Lawe after S. (^Paules^) Description: For those
Lawes did admonish vs, and discover our Sinnes
plainly vnto vs; and when a Man is warned, hee
is halfe armed. These Lawes, as they bee handled,
be very Baytes to catche vs, and onely
prepared for the same, and no Lawes; for at the
first sight they ascertaine vs we be deliuered from
our olde Bondage, and by the late Repeale the
last Parliament we liue in more Securitie. 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. Thus our Amendement
<P I,76.C2>
is from God's Blessing into the warme
Sunne; but I require you honest Men, whiche are
to trie my Life, consider these Opinions of my
Life: Judges be rather agreeable to the Time, than
to the Truth; 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.
(^Attorney.^) Maister (^Throckmorton^) , quiet your selfe,
and it shall be the better for you.
(^Throckmorton.^) Maister (^Attorney^) , I am not so vnquiet
as you be, and yet our Cases are not alike;
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.
   Then the Chief Justice (^Bromley^) remembred
particularly all the Depositions and Euidences giuen
against the Prisoner, and eyther 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.
(^Sendall.^) My Maisters of the Jurie, you haue to
inquire, whether Sir (^Nicholas Throckmorton^) 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: 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.
(^Throckmorton.^) Haue you sayde what is to be 
sayd?
(^Sendall.^) Yea, for this time.
(^Throckmorton.^) Then I pray you giue me leaue to
speake a fewe Words to the Jurie: The Weyght
and Grauitie of my Cause hath greatly occasioned
me to trouble you here long, and therfore I minde
not to intertain you here long with any prolixe
Oration: 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. And albeit many this daye haue
greatly inveyghed against me, the finall Determination
thereof is transferred onely to you: howe
grieuous and horrible the shedding of Innocents
Bloude is in the sight of Almightie God, I trust
you doe remember. Therefore take heede, I saye,
for Christes sake, do not defile your Consciences
with such heynous and notable Crimes; 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. Lift up your Minds to God, and
care not too muche for the Worlde; looke not backe
to the Fleshpots of (^Egypte^) , whiche will allure you
from heauenly Respectes to worldlye Securitie, and
can thereof neyther make you anye Suretie. Beleeue,
I pray you, the Queene and hir Magistrates
be more delighted with favourable Equitie, than
with rashe Crueltie; and in that you be al Citizens,
<P I,77.C1>
I will take my leaue of you with S. (^Paules^)
farewell to the (^Ephesians^) , Citizens also you be,
whome he tooke to recorde that he was pure from
shedding any Bloude; 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;
the Holy Ghost be amongst you.
(^Sendall.^) Come hither, Sergeaunt, take the Jurye
with you, and suffer no Man to come at them, but
to be order'd as the Lawe appointeth, vntill they
be agreed vpon their Verdit.
(^Throckmorton.^) 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.
   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.
   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 (^Guildehall^) , and there did tarrie vntill
the Jurie were agreed vpon the Verdit. And aboute
five of the Clocke, their Agreement being
aduertised to the Commissioners, the sayde Prisoner,
Sir (^Nicholas Throckmorton^) , was again brought
to the Barre, where also the Jurie did repaire;
and being demaunded whether they were agreed
vpon their Verdit, aunswered vniuersally with one
Voyce, Yea. Then it was asked, who shoulde
speake for them; they aunswered, (^Whetston^) the 
Foreman.
(^Sendall. Nicholas Throckmorton^) Knight, holde vp
thy Hande.
   Then the Prisoner did so uppon the Summons.
(^Sendall.^) You that bee of the Jurie, looke vppon
the Prisoner.
   The Jurie did as they were enjoyned.
(^Sendall.^) Howe saye you, is Maister (^Throckmorton^)
Knight, there Prisoner at the Barre, guiltie of the
Treasons whereof he hathe bin indicted and arraigned
in manner and forme, yea or no?
(^Whetston.^) No.
(^Sendall.^) How say you, did he flie upon them?
(^Whetston.^) No, we finde no such thing.
(^Throckmorton.^) I hadde forgot to aunswere that
Question before; but you haue founde according
to Truth: And for the better Warrantie of your
Dooings, vnderstande that I came to (^London^) , and
so to the Queenes Counsell vnbroughte, when I
vnderstoode they demaunded for me; 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.
(^Bromley.^) How saye you the reste of ye, is (^Whetston's^)
Verdict all your Verdicts?
   The whole Inquest aunswered yea.
(^Bromley.^) Remember youre selues better, haue
you considered substantially the whole Euidence
in sorte as it was declared and recited? the
Matter dothe touche the Queenes Highnesse,
and your selves also, take good heede what you
doe.
(^Whetston.^) 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.
(^Bromely.^) If you haue done well, it is the better
for you.
(^Throckmorton.^) It is better to be tried, than to
liue suspected: (^Blessed be the Lord God of^) Israell,
(^for he hath visited and redeemed his People, and hathe
raised vp a mightie Saluation for vs in the House of his
Seruaunte^) Dauid. 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.
   When the Prisoner had saide these wordes, the
Commissioners consulted togither.
(^Throckmorton.^) Maye it please you my Lorde
Chiefe Justice, to pronounce Sentence for my
Discharge.
(^Bromley.^) Where as you doe aske the Benefite that
the Lawe in suche Case dothe appointe, I will
giue it you, (^viz^) . 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. Notwithstandyng,
Mayster Lieutenant, take hym with you agayne,
for there are other Matters to charge hym with.
(^Throckmorton.^) 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 (God be praised)
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 (^Spaine^) ,
Matters too farre aboue my Capacitie, 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: 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, and may thereby admonishe
mee to eschewe thinges aboue my reache, and also
to instructe mee to deale with matters agreeable
to my Vocation; and God saue the Queenes Majestie,
and graunte the same long to raigne ouer us,
and the same Lorde be praised for you the Magistrates,
beefore whom I haue hadde my Triall
this daye indifferentlye by the Lawe, and you
haue proceeded with mee accordinglye, and the
Grace of God bee amongst you now and euer.
   There was no Aunswere made by any of the
Benche to the Prisoners Sute, but the (^Attorney^) did
speake these wordes:
(^Attorney.^) 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.
(^Whetston.^) I praye you, my Lordes, be good
vnto vs, and lette vs not bee molested for dischargyng
our Consciences truelye; we bee poore
Marchant-men, and haue great Chardge vpon our 
<P I,78.C2>
hands, and our Lyuynges doe depende vppon our
Trauailes; 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. The Court
being dissatisfy'd with the Verdict, committed the 
Jury to Prison.



