The Commissioners appointed to try him were , 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 ; 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 ; Maister Stanford , Maister Dyer , Sergeants ; Maister Edward Griffin , Attourney-Generall ; Maister Sendall , Peter Tichbourne , Clerkes of the Crowne . (THROCKM-E1-H,I,63.C1.3) Firste , after Proclamation made , and the Commission red , the Lieutenant of the Tower , Master Tho. Bridges , brought the Prisoner to the Barre ; (THROCKM-E1-H,I,63.C1.4) then Silence was commaunded , (THROCKM-E1-H,I,63.C1.5) and Sendall said to the Prisoner as foloweth : (THROCKM-E1-H,I,63.C1.6) Sendall . Nicholas Throckmorton Knighte , hold vp thy hande , (THROCKM-E1-H,I,63.C1.7) Thou art before this time indited of High Treason , &c. that thou then and there didst falsly and traiterously , &c. conspire and imagine the Death of the Queenes Majestie , &c. and falsly and traiterously didst leuie Warr againste the Queen within hir Realm , &c. (THROCKM-E1-H,I,63.C1.8) and also thou wast adherente to the Queenes Enimies within hir Realm , giuing to them Ayde and Comfort , &c. (THROCKM-E1-H,I,63.C1.9) and also falsly and trayterously didst conspire and intend to depose and deprive the Queen of hir Royal Estate , and so finally destroy hir , &c. (THROCKM-E1-H,I,63.C1.10) and also thou didst falsly and traiterously deuise and conclude to take violently the Tower of London , &c. (THROCKM-E1-H,I,63.C1.11) Of al which Treasons and euery of them in Manner and Forme , &c. art thou giltie or not giltie ? (THROCKM-E1-H,I,63.C1.12) 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-3 concerne you and me , before I aunswere to the Enditement , and not altogithers impertinente to the Matter , and then pleade to the Enditemente . (THROCKM-E1-H,I,63.C1.13) Bromley , No , the Order is not so , (THROCKM-E1-H,I,63.C1.14) you must first pleade whether you be giltie or no . (THROCKM-E1-H,I,63.C1.15) Throckmorton . If that be your Order and Law , judge accordingly to it . (THROCKM-E1-H,I,63.C1.16) Hare . You must firste aunswer to the Matter wherwith you are charged , (THROCKM-E1-H,I,63.C1.17) and then you may talke at your pleasure . (THROCKM-E1-H,I,63.C1.18) Throckmorton . But things spoken out of place wer as good not spoken . (THROCKM-E1-H,I,63.C1.19) Bromley . These bee but delayes to spende time , (THROCKM-E1-H,I,63.C1.20) therfore answer as the Law willeth you . (THROCKM-E1-H,I,63.C1.21) Throckmorton . My Lords , I pray you make not too much hast with me , (THROCKM-E1-H,I,63.C1.22) neither thinke not long for your Diner , (THROCKM-E1-H,I,63.C1.23) for my Case requireth leysure , (THROCKM-E1-H,I,63.C1.24) and you haue well dined when you haue done Justice truely . (THROCKM-E1-H,I,63.C1.25) Christ said , Blessed are they that hunger and thirste for Righteousnesse . (THROCKM-E1-H,I,63.C1.26) Bromley . I can forbeare my Dinner as well as you , (THROCKM-E1-H,I,63.C1.27) and care as little as you peraduenture . (THROCKM-E1-H,I,63.C1.28) Shrewsbury . Come you hither to checke us Throckmorton ; (THROCKM-E1-H,I,63.C1.29) we will not be so used , (THROCKM-E1-H,I,63.C1.30) no , no , I for my parte haue forborne my Breakfast , Dinner and Supper , to serve the Queene . (THROCKM-E1-H,I,63.C1.31) Throckmorton . Yea , my good Lord , I know it right well ; (THROCKM-E1-H,I,63.C1.32) I meant not to touche your Lordship , (THROCKM-E1-H,I,63.C1.33) for youre Service and Paines is euidently knowen to all Men . (THROCKM-E1-H,I,63.C1.34) Southwell . M. Throckmorton , this Talke neede not , (THROCKM-E1-H,I,63.C1.35) we know what we haue to do , (THROCKM-E1-H,I,63.C1.36) and you would teach us our Duties ; (THROCKM-E1-H,I,63.C1.37) you hurt your Mater , (THROCKM-E1-H,I,63.C1.38) go to ! (THROCKM-E1-H,I,63.C1.39) go to ! (THROCKM-E1-H,I,63.C1.40) Throckmorton . M. Southwell , you mistake me , (THROCKM-E1-H,I,63.C1.41) I meant not to teach you , nor none of you , but to remember you of that I trust you all be well instructed in , (THROCKM-E1-H,I,63.C1.42) and so I satisfie my selfe , since I shall not speake , thinking you all know what you haue to doe , or oughte to know , (THROCKM-E1-H,I,63.C1.43) so I will aunswer to the Inditement , (THROCKM-E1-H,I,64.C2.44) and do pleade not giltie to the whole , and to euery part thereof . (THROCKM-E1-H,I,64.C2.45) Sendall . How wilt thou be tried ? (THROCKM-E1-H,I,64.C2.46) Throckmorton . Shall I be tried as I would , or as I shuld ? (THROCKM-E1-H,I,64.C2.47) Bromley . You shall be tried as the Law will , (THROCKM-E1-H,I,64.C2.48) and therefore you must say by God and by the Countrey . (THROCKM-E1-H,I,64.C2.49) Throckmorton . Is that your Law for me ? (THROCKM-E1-H,I,64.C2.50) it is not as I wold ; (THROCKM-E1-H,I,64.C2.51) but since you wil have it so , I am pleased with it , (THROCKM-E1-H,I,64.C2.52) and do desire to be tried by faithful just Men , which more fear God than the World . (THROCKM-E1-H,I,64.C2.53) The Names of the Jurours . Lucas . Lowe . Yong . Whetston . Martyn . Pointer . Beswike . Bankes . Bascafeeld . Calthrop . Kightley . Cater . (THROCKM-E1-H,I,64.C2.54) 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 (THROCKM-E1-H,I,64.C2.55) and the same Men being knowen to be sufficient and indifferent , that no Exceptions were to be taken to them , but only for their upright Honesties , notwithstanding the Attorney prompting Sergeant Dier . The said Sergeant chalenged one Bacon , and another Citizen peremptorily for the Queen . (THROCKM-E1-H,I,64.C2.56) Then the Prisoner demanded the cause of the Chalenge : (THROCKM-E1-H,I,64.C2.57) the Sergeante aunswered , we neede not shew you the cause of the Chalenge for the Queen . (THROCKM-E1-H,I,64.C2.58) Then the Inquest was furnished with other honest Men , that is to say , Whetstone and Lucas , (THROCKM-E1-H,I,64.C2.59) so the Prisoner vsed these Words . (THROCKM-E1-H,I,64.C2.60) 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 . (THROCKM-E1-H,I,64.C2.61) It chanced one of the Justices upon Jealousie of the Prisoner's acquitall , for the goodnesse of his Cause , said to another of his Companions a Justice , when the Jury did appeare , I like not this Jury for our purpose , (THROCKM-E1-H,I,64.C2.62) they seeme to be too pitiful and too charitable to condemne the Prisoner . (THROCKM-E1-H,I,64.C2.63) No , no , said the other Judge viz. Cholmley I warrant you , they be picked Fellowes for the nonce , (THROCKM-E1-H,I,64.C2.64) he shall drink of the same Cup his Fellowes haue done . (THROCKM-E1-H,I,64.C2.65) I was then a loker on of the Pageant as others be now here , (THROCKM-E1-H,I,64.C2.66) but now wo is me , (THROCKM-E1-H,I,64.C2.67) I am a Player in that woful Tragedie . (THROCKM-E1-H,I,64.C2.68) Well , for these and such other like the black Oxe hath of late troden on some of their Feet , (THROCKM-E1-H,I,64.C2.69) but my trust is , I shall not be so used . (THROCKM-E1-H,I,64.C2.70) Whylest this Talke was , 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 ? (THROCKM-E1-H,I,64.C2.71) Cholmely . Why what do I , I pray you , M. Throckmorton ? (THROCKM-E1-H,I,64.C2.72) I did nothing , (THROCKM-E1-H,I,64.C2.73) I am sure you do picke Quarrels to me . (THROCKM-E1-H,I,64.C2.74) Throckmorton . Well Maister Cholmely , if you do well , it is better for you , God help you . (THROCKM-E1-H,I,64.C2.75) The Jury then was sworne , and Proclamation made , that whosoeuer woulde giue Euidence againste Sir Nicholas Throckmorton Knight , shoulde come in and be heard , (THROCKM-E1-H,I,64.C2.76) for the Prisoner stood upon his Deliuerance : whereupon Sergeant Stanford presented hymself to speake . (THROCKM-E1-H,I,65.C1.77) 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 . (THROCKM-E1-H,I,65.C1.78) And albeit you and the rest by Order be appointed to gyue euidence againste mee , and enterteyned to sette forth the Depositions and Matter against me , yet I pray you remember I am not alienate from you , but that I am youre Christian Brother , neither you so charged , but you ought to consider Equitie , nor yet so priuiledged , but that you haue a Duetie of God appoynted you how you shal do youre Office , whiche if you exceede , wil be greuously required at youre hands . (THROCKM-E1-H,I,65.C1.79) It is lawfull for you to vse your Gifts , which I know God hathe largely giuen you , as youre Learning , Arte and Eloquence , so as thereby you do not seduce the Minds of the simple and unlearned Jury , to credite Matters otherwise than they be . (THROCKM-E1-H,I,65.C1.80) For Maister Sergeant , I knowe howe by Perswasions , Enforcements , Presumptions , applying , implying , inferring , conjecturing , deducing of Arguments , wresting and exceeding the Law , the Circumstances , the Depositions and Confessions , that unlearned Men maye bee inchanted to thinke and judge those that bee things indifferente , or at the worst but ouersights , to be great Treasons ; (THROCKM-E1-H,I,65.C1.81) such power Orators haue , (THROCKM-E1-H,I,65.C1.82) and such Ignorance the Unlearned haue . (THROCKM-E1-H,I,65.C1.83) Almighty God by the Mouth of his Prophete , doth conclude such Advocates bee cursed , speaking these Words , Cursed bee hee that doth his office craftily , corruptly , and maliciously . (THROCKM-E1-H,I,65.C1.84) And consider also , that my Bloud shall be required at your hands , and punished in you and yours , to the third and fourth Generation . Notwithstanding you and the Justices excuse always such erronious doings , when they be after called in question by the Verdict of the twelve Men ; (THROCKM-E1-H,I,65.C1.85) but I assure you , the Purgation serueth you as it did Pilate , (THROCKM-E1-H,I,65.C1.86) and you washe your Handes of the Bloudshed , as Pilate did of Christs . (THROCKM-E1-H,I,65.C1.87) And now to your matter . (THROCKM-E1-H,I,65.C1.88) 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 . (THROCKM-E1-H,I,65.C1.89) How say you , Throckmorton , (THROCKM-E1-H,I,65.C1.90) 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 ? (THROCKM-E1-H,I,65.C1.91) 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 : (THROCKM-E1-H,I,65.C1.92) I confesse I did say to Winter , that Wyat was desirous to speake with him , as I understoode . (THROCKM-E1-H,I,65.C1.93) Stanford . Yea Sir , and you deuised togither of the taking of the Tower of London , and of the other great Treasons . (THROCKM-E1-H,I,65.C1.94) Throckmorton . Noe , I did not so , (THROCKM-E1-H,I,65.C2.96) proue it . (THROCKM-E1-H,I,65.C2.97) Stanford . Yes Sir , you met with Winter sundry times , as shall appeare , and in sundry Places . (THROCKM-E1-H,I,65.C2.98) Throckmorton . That graunted , proveth no such matter as is supposed in the Inditement . (THROCKM-E1-H,I,65.C2.99) 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 , (THROCKM-E1-H,I,65.C2.100) and Winter demanded where Wyat was : (THROCKM-E1-H,I,65.C2.101) Throckmorton aunswered , at his House in Kente , not farre from Gillingham , as I heard say , where the Shyps lye . (THROCKM-E1-H,I,65.C2.102) Then they parted at that time , (THROCKM-E1-H,I,65.C2.103) and shortly after Throckmorton met with Winter , vnto whome Winter sayd , Maister Wyat dothe much mislike the comming of the Spanyardes into this Realme , (THROCKM-E1-H,I,65.C2.104) and feareth their short arriuall here , in as much as dayly he heareth thereof ; dothe see daily diuers of them arrive heere , scattered like Soldyers ; (THROCKM-E1-H,I,65.C2.105) and therefore he thinketh good the Tower of London should be taken by a sleighte , before the Prince came , least that peece be deliuered to the Spanyardes . (THROCKM-E1-H,I,65.C2.106) How say you Throckmorton to it ? (THROCKM-E1-H,I,65.C2.107) Throckmorton aunswered , I mislike it for diuers respects ; (THROCKM-E1-H,I,65.C2.108) euen so do I , sayde Winter . (THROCKM-E1-H,I,65.C2.109) At another tyme Throckmorton mette me the sayd Winter in Poules , when hee had sent one to my House to seeke me before ; (THROCKM-E1-H,I,65.C2.110) and he said to me , you are Admiral of the Fleet that now goeth into Spayne . (THROCKM-E1-H,I,65.C2.111) I aunswered yea . (THROCKM-E1-H,I,65.C2.112) Throckmorton saide , when will your Shippes be ready ? (THROCKM-E1-H,I,65.C2.113) I saide , within tenne Dayes . (THROCKM-E1-H,I,65.C2.114) Throckmorton sayde , I vnderstand you are appointed to conduct and carrie the Lord Priuie Seale into Spaine ; (THROCKM-E1-H,I,65.C2.115) 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 . (THROCKM-E1-H,I,65.C2.116) Throckmorton saide also , that Wyat changed his purpose , for taking the Tower of London ; (THROCKM-E1-H,I,65.C2.117) I said I was glad of it : (THROCKM-E1-H,I,65.C2.118) and as for the Frenchmen , I care not much for them , (THROCKM-E1-H,I,65.C2.119) I will so handle the matter , that the Queenes shippes shall bee I warrante you in safegard . (THROCKM-E1-H,I,65.C2.120) Another time I met with M. Throckmorton when I came from the Emperours Ambassadors , vnto whome I declared , that the Emperour had sent me a fayre Cheyne , (THROCKM-E1-H,I,65.C2.121) and shewed it unto Throckmorton , who said , for this Cheyne you haue sold your Country . (THROCKM-E1-H,I,65.C2.122) I saide , it is neyther French King nor Emperoure that can make me sell my Country , (THROCKM-E1-H,I,65.C2.123) but I will be a true Englishman : (THROCKM-E1-H,I,65.C2.124) then they parted . (THROCKM-E1-H,I,65.C2.125) This is the summe of the Talke betwixt Throckmorton and Winter . (THROCKM-E1-H,I,65.C2.126) Stanford . Now my Masters of the Jury , you haue heard my Sayings confirmed with Winter's Confession : (THROCKM-E1-H,I,65.C2.127) how say you Throckmorton , (THROCKM-E1-H,I,65.C2.128) can you denie it ? (THROCKM-E1-H,I,65.C2.129) if you will , you shall haue Winter justifie it to your Face . (THROCKM-E1-H,I,65.C2.130) Throckmorton . My Lords , shall it please you that I shal answer ? (THROCKM-E1-H,I,65.C2.131) Bromley . Yea , say your mind . (THROCKM-E1-H,I,65.C2.132) Throckmorton . I may truly denye some part of this Confession ; (THROCKM-E1-H,I,65.C2.133) but bycause there is nothing material greatly , I suppose the whole to be true , and what is herein deposed , sufficiente to bring me within the compas of the Enditement . (THROCKM-E1-H,I,65.C2.134) 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 . (THROCKM-E1-H,I,65.C2.135) Throckmorton . This is but conjectural ; (THROCKM-E1-H,I,65.C2.136) yet sithence you will construe so maliciously , I will recompte how I sent Winter to Wyat : (THROCKM-E1-H,I,66.C1.137) and then I pray you of the Jury , judge better than Maister Sergeante doth . (THROCKM-E1-H,I,66.C1.138) I met by chance a Seruant of Maister 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 . (THROCKM-E1-H,I,66.C1.139) Thus much for the sending downe of Winter . (THROCKM-E1-H,I,66.C1.140) Attourney . Yea , Sir , but how say you to the taking of the Tower of London , which is Treason ? (THROCKM-E1-H,I,66.C1.141) Throckmorton . I aunswere , though Wyat thought meete to attempt so daungerous an Enterprise , and that Winter enformed me of it , you $can $not {TEXT:cannot} extende Wyat's Deuises to be mine , and to bring me within the compass of Treason ; (THROCKM-E1-H,I,66.C1.142) for what maner of reasoning or proofe is this , (THROCKM-E1-H,I,66.C1.143) Wyat woulde haue taken the Tower , (THROCKM-E1-H,I,66.C1.144) ergo Throckmorton is a Traitor ? (THROCKM-E1-H,I,66.C1.145) Winter doth make my Purgation in his owne Confession , euen now redde as it was by Maister Sergeante , though I say nothing ; (THROCKM-E1-H,I,66.C1.146) for Winter doth auowe there , that I did much mislike it . (THROCKM-E1-H,I,66.C1.147) And because you shall the better understand that I did alwayes not alow these Master Wyat's Deuises , I had these Words to Winter , when he enformed me of it ; (THROCKM-E1-H,I,66.C1.148) I think M. Wyat would no Englishman hurt , (THROCKM-E1-H,I,66.C1.149) and this Enterprise $can $not {TEXT:cannot} be done without the hurt and slaughter of both Parties ; (THROCKM-E1-H,I,66.C1.150) for I know him that hath the Charge of the Peece , and his Brother , both Men of good Seruice ; (THROCKM-E1-H,I,66.C1.151) the one had in charge a piece of great Importance , Bolloyne I meane , which was stoutly assayled , (THROCKM-E1-H,I,66.C1.152) and notwithstanding he made a goode accompt of it for his time , that like I am sure he will do by this his Charge . (THROCKM-E1-H,I,66.C1.153) Moreouer , to accompte the taking of the Tower is uery dangerous by the Law . (THROCKM-E1-H,I,66.C1.154) These were my Wordes to Winter . (THROCKM-E1-H,I,66.C1.155) And besides , it is very unlike , that I of all Men woulde confederate in such a matter against the Lieutenant of the Tower , whose Daughter my Brother hath married , and his House and mine alyed together by Mariage sundry times within these few Yeres . (THROCKM-E1-H,I,66.C1.156) Hare . But how say you to this , that Wyat and you had Conference togither sundry times at Warner's House , and in other places ? (THROCKM-E1-H,I,66.C1.157) Throckmorton . This is a very general Charge , to haue Conference ; (THROCKM-E1-H,I,66.C1.158) but why was it not as lawful for me to confer with Wyat , as with you , or any other Man ? (THROCKM-E1-H,I,66.C1.159) I then knew no more by Wyat , than by any other ; (THROCKM-E1-H,I,66.C1.160) and to proue to talke with Wyat was lawful and indifferent , (THROCKM-E1-H,I,66.C1.161) 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 . (THROCKM-E1-H,I,66.C1.162) Hare . But they did not conspire nor talke of any stur against the Spanyards as you did pretend , and meant it against the Queen ; (THROCKM-E1-H,I,66.C1.163) for you , Croftes , Rogers and Warner , did oftentimes deuise in Warner's House aboute youre traiterous purposes , (THROCKM-E1-H,I,66.C1.164) or else what did you so often there ? (THROCKM-E1-H,I,66.C1.165) Throckmorton . I confess I did mislike the Queenes Mariage with Spain , and also the comming of the Spanyards hither : (THROCKM-E1-H,I,66.C1.166) and then me thought I had reason to doe so , (THROCKM-E1-H,I,66.C1.167) for I did learne the Reasons of my misliking of you M. Hare , M. Southwell , and others in the Parliament House ; (THROCKM-E1-H,I,66.C1.168) there I did see the whole Consent of the Realm against it ; (THROCKM-E1-H,I,66.C1.169) and I a Hearer , but no Speaker , did learne my misliking of those Matters , confirmed by many sundry Reasons amongst you : (THROCKM-E1-H,I,66.C1.170) but as concerning any sturre or vprore against the Spanyards , I neuer made any , (THROCKM-E1-H,I,66.C2.171) neyther procured any to be made ; (THROCKM-E1-H,I,66.C2.172) and for my much resort to M. 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 . (THROCKM-E1-H,I,66.C2.173) 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 ? (THROCKM-E1-H,I,66.C2.174) Throckmorton . Truly I did not tell him so , (THROCKM-E1-H,I,66.C2.175) but I care not greately to giue you that Weapon to play you withal : (THROCKM-E1-H,I,66.C2.176) now let us see what you can make of it ? (THROCKM-E1-H,I,66.C2.177) 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 . (THROCKM-E1-H,I,66.C2.178) Throckmorton . What M. Sergeant , doth this proue against me , that I knew Wyat did repent him of an euil deuised Enterprise ? (THROCKM-E1-H,I,66.C2.179) Is it to know Wyat's Repentance , Sinne ? (THROCKM-E1-H,I,66.C2.180) No , it is but a Venial Sinne ; if it be any , (THROCKM-E1-H,I,66.C2.181) it is not deadly . (THROCKM-E1-H,I,66.C2.182) But where is the Messenger or Message that Wyat sent to me touching his Alteration ? (THROCKM-E1-H,I,66.C2.183) 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 . (THROCKM-E1-H,I,66.C2.184) 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 : (THROCKM-E1-H,I,66.C2.185) 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 . (THROCKM-E1-H,I,66.C2.186) Throckmorton . M. Croftes is yet liuing , (THROCKM-E1-H,I,66.C2.187) and is here this day ; (THROCKM-E1-H,I,66.C2.188) how hapneth it he is not brought Face to Face to justifie this matter , neither hathe bin of all this time ? (THROCKM-E1-H,I,66.C2.189) Will you knowe the Trueth ? (THROCKM-E1-H,I,66.C2.190) either he sayd not so , (THROCKM-E1-H,I,66.C2.191) or he wil not abide by it , (THROCKM-E1-H,I,66.C2.192) but honestly hath reformed himself . (THROCKM-E1-H,I,66.C2.193) And as for knowing his Deuises , I was so well acquainted with them , that I can name none of them , nor you neyther , as matter knowen to mee . (THROCKM-E1-H,I,66.C2.194) Attourney . But why did you aduise Winter to land my Lord Priuie Seale in the West Countrey ? (THROCKM-E1-H,I,66.C2.195) 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 ; (THROCKM-E1-H,I,66.C2.196) but because you are so forgetful , I will recite wherefore : (THROCKM-E1-H,I,66.C2.197) In communication betwixt 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 , (THROCKM-E1-H,I,66.C2.198) for they began to arme to the Sea , (THROCKM-E1-H,I,66.C2.199) and had already certain Shippes on the West Cost , 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 ; (THROCKM-E1-H,I,66.C2.200) and therefore for all Euents it were good you should put my said Lord in the West Countrey , in case you espie any jeoperdie . (THROCKM-E1-H,I,66.C2.201) But what doth this proue to the Treasons , if I were not able to giue conuenient Reasons to my talke ? (THROCKM-E1-H,I,66.C2.202) Stanford . Mary Sir , now commeth the Proofes of youre Treasons : (THROCKM-E1-H,I,67.C1.204) you shal heare what Cutbert Vaughan sayth against you . (THROCKM-E1-H,I,67.C1.205) 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 ; (THROCKM-E1-H,I,67.C1.206) Throckmorton answered , either at Arundel House where he lodgeth , or in Poules . (THROCKM-E1-H,I,67.C1.207) 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 ; (THROCKM-E1-H,I,67.C1.208) howbeit , if other Countries mislike them as Kent doth , they shall be but hardly welcome : (THROCKM-E1-H,I,67.C1.209) and so they parted . (THROCKM-E1-H,I,67.C1.210) Shortly after 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 . (THROCKM-E1-H,I,67.C1.211) Then Vaughan demanded what the Erle of Devon would do ; (THROCKM-E1-H,I,67.C1.212) Throckmorton answered he will marre all , (THROCKM-E1-H,I,67.C1.213) for he will not go hence ; (THROCKM-E1-H,I,67.C1.214) and yet Sir Peter Caroe wold mete him with a Band both-1 of Horsemen and Footemen , by the way of Andeuer , for his Safeguard ; (THROCKM-E1-H,I,67.C1.215) and also he should haue bin well accompanyed from hence with other Gentlemen , (THROCKM-E1-H,I,67.C1.216) yet all this wyl not moue him to departe hence . (THROCKM-E1-H,I,67.C1.217) Moreouer , the said Erle hath , as is said , discovered al the whole matter to the Chancellor , (THROCKM-E1-H,I,67.C1.218) or else it is comen out by his Taylor , aboute the trimming of a Shirte of Mayle , and the making of a Cloke . (THROCKM-E1-H,I,67.C1.219) At another time , 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 . (THROCKM-E1-H,I,67.C1.220) And also Throckmorton advised Vaughan to will M. Wyat come forward with his Power , (THROCKM-E1-H,I,67.C1.221) for nowe was the time , in as much as the Londoners would take his part , if the matter were presented unto them . (THROCKM-E1-H,I,67.C1.222) Vaughan said also , that Throckmorton and Warner should haue ridden with the said Erle Westward . (THROCKM-E1-H,I,67.C1.223) 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 . (THROCKM-E1-H,I,67.C1.224) 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 . (THROCKM-E1-H,I,67.C1.225) And this was the Summe of Cutbert Vaughan's Confession . (THROCKM-E1-H,I,67.C1.226) Stanford . How say you , (THROCKM-E1-H,I,67.C1.227) doth not heere appeare euident matter to proue you a Principal , who not onely gaue order to Sir 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 ? (THROCKM-E1-H,I,67.C1.228) 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 ; (THROCKM-E1-H,I,67.C1.229) 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 . (THROCKM-E1-H,I,67.C1.230) Bromley . Howe say you , (THROCKM-E1-H,I,67.C2.232) will you confesse the matter ? (THROCKM-E1-H,I,67.C2.233) and it will be best for you . (THROCKM-E1-H,I,67.C2.234) Throckmorton . No , I will neuer accuse my selfe unjustly ; (THROCKM-E1-H,I,67.C2.235) but in as muche as I am come hither to bee tried , I pray you let me haue the Law favourably . (THROCKM-E1-H,I,67.C2.236) 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 . (THROCKM-E1-H,I,67.C2.237) Throckmorton . How proue you that , (THROCKM-E1-H,I,67.C2.238) or who doth accuse me but this condemned Man ? (THROCKM-E1-H,I,67.C2.239) Attourney . Why , will you denie this matter ? (THROCKM-E1-H,I,67.C2.240) you shall haue Vaughan justifie his whole Confession here before your Face . (THROCKM-E1-H,I,67.C2.241) Throckmorton . It shal not neede , (THROCKM-E1-H,I,67.C2.242) I know his unshamefastnes , (THROCKM-E1-H,I,67.C2.243) he hath aduowed some of this vntrue talk before this tyme to my Face ; (THROCKM-E1-H,I,67.C2.244) and it is not otherwise like , considering the price , but he wil do the same again . (THROCKM-E1-H,I,67.C2.245) Attourney . My Lords and Maisters , you shall haue Vaughan to justifie this heere before you all , and confirm it with a Booke Oth . (THROCKM-E1-H,I,67.C2.246) Throckmorton . He that hath said and lyed , will not , being in this case , sticke to swear and lye . (THROCKM-E1-H,I,67.C2.247) Then was Cutbert Vaughan brought into the open Court . (THROCKM-E1-H,I,67.C2.248) Sendall . How say you , Cutbert Vaughan , (THROCKM-E1-H,I,67.C2.249) is this your own Confession , (THROCKM-E1-H,I,67.C2.250) and wil you abide by all that is here written ? (THROCKM-E1-H,I,67.C2.251) Vaughan . Let me see it , (THROCKM-E1-H,I,67.C2.252) and I will tell you . (THROCKM-E1-H,I,67.C2.253) Then his Confession was shewed him . (THROCKM-E1-H,I,67.C2.254) Attourney . Bycause you of the Jury the better may credite him , I pray you my Lords let Vaughan be sworn . (THROCKM-E1-H,I,67.C2.255) Then was Vaughan sworne on a Booke to say nothing but the Truth . (THROCKM-E1-H,I,67.C2.256) 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 ; (THROCKM-E1-H,I,67.C2.257) but sithence I must needes confesse my Knowledge , I must confesse all that is there written is true . (THROCKM-E1-H,I,67.C2.258) How say you M. Throckmorton , (THROCKM-E1-H,I,67.C2.259) was there any displeasure betwene you and me , to moue me to say aught against you ? (THROCKM-E1-H,I,67.C2.260) Throckmorton . Not , that I know : (THROCKM-E1-H,I,67.C2.261) how say you Vaughan , (THROCKM-E1-H,I,67.C2.262) what Acquaintance was there between you and me , (THROCKM-E1-H,I,67.C2.263) and what Letters of Credit , or Token did you bring me from Wyat , or any other to moue me to trust you ? (THROCKM-E1-H,I,67.C2.264) Vaughan . As for Acquaintance , I knew you as I did other Gentlemen ; (THROCKM-E1-H,I,67.C2.265) and as for Letters , I brought you none other but Commendations from M. Wyat , as I did to diuers other of his Acquaintance at London . (THROCKM-E1-H,I,67.C2.266) Throckmorton . You might as well forge the Commendations as the rest ; (THROCKM-E1-H,I,67.C2.267) but if you haue done with Vaughan , my Lords , I pray you giue me leaue to aunswere . (THROCKM-E1-H,I,67.C2.268) Bromely . Speak , (THROCKM-E1-H,I,67.C2.269) and be short . (THROCKM-E1-H,I,67.C2.270) 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 ; (THROCKM-E1-H,I,67.C2.271) and after to the Matter : (THROCKM-E1-H,I,67.C2.272) and note I pray you the Circumstances , the better to induce somewhat material . (THROCKM-E1-H,I,68.C1.273) First I pray you remember the small Familiaritie betwixt Vaughan and me , as he hathe auowed before you . (THROCKM-E1-H,I,68.C1.274) And moreouer , to procure Credite at my hand , he brought neither Letter nor Token from Wyat , nor from any other to me , which he also hath confessed here , (THROCKM-E1-H,I,68.C1.275) and I will suppose Vaughan to be in as good Condition as any other Man here , that is to say , an uncondemn'd Man ; (THROCKM-E1-H,I,68.C1.276) yet I referre it to your good Judgment , whether it were lyke that I knowing onely 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 . (THROCKM-E1-H,I,68.C1.277) How like , I say , is this , when diuers of these Gentlemen now in Captiuitie , being my very Familiars , coulde not depose any such matter against me , and neuertheless vpon their Examinations haue said what they could ? (THROCKM-E1-H,I,68.C1.278) And thogh I be no wise Man , I am not so rash to vtter to an unknowen Man for so may I call him in comparison a matter so dangerous for me to speake , and him to heare ; (THROCKM-E1-H,I,68.C1.279) but bycause my Trueth and his Falsehood shall the better appear unto you , I will declare his Inconstancy in vttering this his Euidence ; (THROCKM-E1-H,I,68.C1.280) and for my better Credite , it may please you , M. 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 : (THROCKM-E1-H,I,68.C1.281) for I doubte not Sir Thomas Wyat hath bin examin'd of me , and hathe sayde what he could directly or indirectly . (THROCKM-E1-H,I,68.C1.282) Also Vaughan saith , that yong Edward Wyat coulde confirme this matter , as one that knew this pretended Discourse betwixt Vaughan and me ; (THROCKM-E1-H,I,68.C1.283) and thereupon I made sute that Edward Wyat might either be brought face to face to me , or otherwise be examined . (THROCKM-E1-H,I,68.C1.284) Southwell . M. Throckmorton , you mistake your matter , (THROCKM-E1-H,I,68.C1.285) 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 . (THROCKM-E1-H,I,68.C1.286) 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 , (THROCKM-E1-H,I,68.C1.287) then he vsed this Alteration : (THROCKM-E1-H,I,68.C1.288) 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 ? (THROCKM-E1-H,I,68.C1.289) For you knowe , M. Bridges , and so doth my Lord your Brother , that I desired twice or thrice Edward Wyat shuld be examined ; (THROCKM-E1-H,I,68.C1.290) and I am sure , and most assured , he hathe bin willed to say what he could , (THROCKM-E1-H,I,68.C1.291) and here is nothing deposed by him against me , eyther-1 touching any Letter or other Conference ; (THROCKM-E1-H,I,68.C1.292) or where is Vaughan's Letter sent by Sir Thomas Wyat concerning my Talke ? (THROCKM-E1-H,I,68.C1.293) 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 ; (THROCKM-E1-H,I,68.C1.294) and bycause false Witnes be mentioned in the Gospel , treating of Accusation , hearke I pray you what S. Jerome sayeth , expounding the place : (THROCKM-E1-H,I,68.C1.295) it is demanded why Christes accusers be called false Witnesses , which did report Christ's Words not as he spake them ; (THROCKM-E1-H,I,68.C1.296) they be false witnesses saith S. Jerome , which do ad , alter , wrest , double , or do speake for hope to auoid Death , or for malice to procure another Man's Death : (THROCKM-E1-H,I,68.C2.297) for all Men may easily gather he $can $not {TEXT:cannot} speake truely of me , or in the case of another Man's Life , where he hath hope of his owne by Accusation . (THROCKM-E1-H,I,68.C2.298) Thus much speaketh S. Jerome of false Witnes . (THROCKM-E1-H,I,68.C2.299) By the ciuil Law there be many Exceptions to be taken agaynst such Testimonies ; (THROCKM-E1-H,I,68.C2.300) but bycause we be not gouerned by that Law , neither I haue my Trial by it , it shal be superfluous to trouble you therewith , (THROCKM-E1-H,I,68.C2.301) and therefore you shall heare what your owne Lawe doth say . (THROCKM-E1-H,I,68.C2.302) There was a Statute made in my late Soueraigne Lord and Maister his time , touching Accusation , (THROCKM-E1-H,I,68.C2.303) and these be the Words : (THROCKM-E1-H,I,68.C2.304) Be it enacted , That no Person nor Persons , &c. shall be indited , araigned , condemned , or conuicted for any Offence of Treason , Petit Treason , Misprision of Treason , for which the same Offendor shal suffer any Paynes of Death , Imprisonment , Losse or Forfeyture of his Goodes , Lands , &c. vnlesse the same Offendor be accused by two sufficient and lawful Witnesses , or shall willingly without Violence confesse the same . (THROCKM-E1-H,I,68.C2.305) And also in the sixth Yere of his Raigne , it is thus ratified as ensueth : That no Person nor Persons shall bee indited , araigned , condemned , conuicted or attainted of the Treasons or Offences aforesaide , or for anye other Treasons that now bee , or hereafter shall be , unlesse the same Offendor or Offendors be thereof accused by two lawfull and sufficient Accusers ; whiche at the time of Araignement of the Parties so accused 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 . (THROCKM-E1-H,I,68.C2.306) Here note I pray you , that our Lawe dothe require two lawfull and sufficient Accusers to be brought face to face , (THROCKM-E1-H,I,68.C2.307) and Vaughan is but one , and the same most vnlawfull and insufficient ; (THROCKM-E1-H,I,68.C2.308) for who can be more unlawful and insufficient than a condemned Man , and suche one as knoweth to accuse mee is the meane to saue his owne Lyfe ? (THROCKM-E1-H,I,68.C2.309) Remember , I pray you , howe long and how many times 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 . (THROCKM-E1-H,I,68.C2.310) Hare . Why shoulde he accuse you more than any other , seeyng there was no displeasure betwixte you , if the matter had not bin true ? (THROCKM-E1-H,I,68.C2.311) Throckmorton . Bycause he must eyther speake of some Man , or suffer Deathe ; (THROCKM-E1-H,I,68.C2.312) and then he did rather choose to hurte him he did least know , and so loued least , than any other well knowen to him , whome he loued most . (THROCKM-E1-H,I,68.C2.313) But to you of my Jury I speake specially , (THROCKM-E1-H,I,68.C2.314) and therefore I pray you note what I say : (THROCKM-E1-H,I,68.C2.315) In a matter of lesse weight than Trial of Life and Lande , a Man may by the Law take Exceptions to suche as be impaneld , to trie the Controuersies betwixt the Parties : (THROCKM-E1-H,I,68.C2.316) as for example , a Man may chalenge that the Sheriffe is hys Enemie , and therefore hathe made a parciall Returne , or bycause one of the Jury is the Sheriffe my Aduersaries Seruante ; (THROCKM-E1-H,I,69.C1.317) and also in case my Aduersaries Villaine or Bondman be empanelled , I may lawfully chalenge him , bycause the Aduersarie parte hathe power ouer hys Villayne's Landes and Goodes , and hathe the vse of hys Bodye for seruile Office : (THROCKM-E1-H,I,69.C1.318) muche more I may of right take Exception to 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 ; (THROCKM-E1-H,I,69.C1.319) for hir Hyghnesse hath not-2 onely-1 Power ouer hys Bodye , Lands , and Goodes , but ouer his Lyfe also . (THROCKM-E1-H,I,69.C1.320) Stanford . Yea , the Exceptions are to be taken agaynste the Jury in that case ; but not agaynst the Witnes or Accusor , (THROCKM-E1-H,I,69.C1.321) and therefore youre Argument serueth little for you . (THROCKM-E1-H,I,69.C1.322) Throckmorton . That is not so , (THROCKM-E1-H,I,69.C1.323) for the vse of the Jurie , and the Witnes , and the Effect of their doings doth serue me to my purpose , as the Law shall discusse . (THROCKM-E1-H,I,69.C1.324) And thus I make my Comparison : (THROCKM-E1-H,I,69.C1.325) By the Ciuil Law the Judge doth giue Sentence upon the Depositions of the Witnes , (THROCKM-E1-H,I,69.C1.326) and by your Law the Judge doth giue Judgement upon the Verdict of the Jury , so as the effect is both one to finish the matter , Trial in Law , as well by the Depositions of the Witnes , as by the Juries Verdict , though they varie in Forme and Circumstance ; (THROCKM-E1-H,I,69.C1.327) and so 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 . (THROCKM-E1-H,I,69.C1.328) Therefore I may use the same Exceptions against the Jury , or any of them , as the principal mean , that shall occasion my Condemnation . (THROCKM-E1-H,I,69.C1.329) Bromley . Why , do you denie , that euery part of Vaughan's Tale is untrue ? (THROCKM-E1-H,I,69.C1.330) Attourney . You may see he will denie all , and say there was no such Communication betwixt them . (THROCKM-E1-H,I,69.C1.331) 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 . (THROCKM-E1-H,I,69.C1.332) Attourney . So you of the Jury may perceiue the Prisoner doth confesse some thing to be true . (THROCKM-E1-H,I,69.C1.333) 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 . (THROCKM-E1-H,I,69.C1.334) Southwell . As for my Lord of Pembroke , you neede not excuse the matter , (THROCKM-E1-H,I,69.C1.335) for he hath shewed himselfe cleere in these matters like a Nobleman , (THROCKM-E1-H,I,69.C1.336) and that we all know . (THROCKM-E1-H,I,69.C1.337) Hare . Why what was the talke betwixt Vaughan and you so long in Poules , if these were not so , (THROCKM-E1-H,I,69.C1.338) and what meant your oft Meetings ? (THROCKM-E1-H,I,69.C1.339) Throckmorton . As for our often Meetings , they were of no set purpose , but by chance , and yet no oftner than twice ; (THROCKM-E1-H,I,69.C1.340) but sithence you would know what Communication passed betwixt us in Poules Church , I will declare . (THROCKM-E1-H,I,69.C1.341) We talked of the Incommodities of the Marriage of the Queene with the Prince of Spayne , and how {HELSINKI:'how'_missing} grieuous the Spanyards would be to vs here . (THROCKM-E1-H,I,69.C1.342) 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 Christian Men . Whereunto I answered , it was the Plague of God come justly vpon vs ; (THROCKM-E1-H,I,69.C2.343) and now Almighty God dealt with vs , as he did with the Israelites , taking from them for their vnthankefulnes their Godly Kings , and did send Tirants to raign over them ; (THROCKM-E1-H,I,69.C2.344) even so he handled us 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 ; (THROCKM-E1-H,I,69.C2.345) for euery Man of euery Estate did colour his naughty Affections with a pretence of Religion , (THROCKM-E1-H,I,69.C2.346) and made the Gospell a staulking Horse to bring their euil desires to effect . (THROCKM-E1-H,I,69.C2.347) This was the Summe of our talke in Poules , somewhat more dilated . (THROCKM-E1-H,I,69.C2.348) 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 . (THROCKM-E1-H,I,69.C2.349) The Clerke did begin to reade ; (THROCKM-E1-H,I,69.C2.350) Throckmorton desired M. Stanford to read it , and the Jury well to marke it . (THROCKM-E1-H,I,69.C2.351) 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 . (THROCKM-E1-H,I,69.C2.352) 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 . (THROCKM-E1-H,I,69.C2.353) Wyat also did say , that Sir Peter Caroe could not bring the same matter to good effect , (THROCKM-E1-H,I,69.C2.354) nor was there any Man so mete to bring it to good effect , as the Erle of Devon ; and especially in the West Country , in as much as they did not draw al by one line . (THROCKM-E1-H,I,69.C2.355) Then Throckmorton ask'd how the Kentishmen were affected to the Spanyards ? (THROCKM-E1-H,I,69.C2.356) Wyat said , the People like them euill ynough , (THROCKM-E1-H,I,69.C2.357) and that appeared now at the comming of the Count Egmont , (THROCKM-E1-H,I,69.C2.358) for they were ready to sturre against him and his Traine , supposing it had bin the Prince ; (THROCKM-E1-H,I,69.C2.359) but said 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 . (THROCKM-E1-H,I,69.C2.360) 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 , (THROCKM-E1-H,I,69.C2.361) and so you may be sure of the Lord Burgainey and his Force . (THROCKM-E1-H,I,69.C2.362) 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 ; (THROCKM-E1-H,I,69.C2.363) howbeit he can do no other , neither to me , nor to anye other Man , (THROCKM-E1-H,I,69.C2.364) and therefore I forgiue him . (THROCKM-E1-H,I,69.C2.365) 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 ; 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 . (THROCKM-E1-H,I,70.C1.366) 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 . (THROCKM-E1-H,I,70.C1.367) 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 . (THROCKM-E1-H,I,70.C1.368) And also Throckmorton thought the French King vnable to giue aide to vs , by meanes of the great Consumption in their own Warres . (THROCKM-E1-H,I,70.C1.369) M. 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 ; (THROCKM-E1-H,I,70.C1.370) and so he said , that shortely he intended to depart to his own Countrey to vnderstand the Deuotion of his Countrymen . (THROCKM-E1-H,I,70.C1.371) Item , Throckmorton did say , he would for his part hinder the comming in of the Spaniards as much as he could by Perswasion . (THROCKM-E1-H,I,70.C1.372) 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 , (THROCKM-E1-H,I,70.C1.373) and wished it were lawfull for all of each Religion to liue safely according to their Conscience ; (THROCKM-E1-H,I,70.C1.374) for the Law Ex officio will be intolerable , (THROCKM-E1-H,I,70.C1.375) and the Cleargies discipline now may rather be resembled to the Turks Tyrannie , than to the teaching of Christian Religion . (THROCKM-E1-H,I,70.C1.376) This was the Summe of the matter , whiche was red in the foresaid Confession , as matters most grieuous against the Prisoner . (THROCKM-E1-H,I,70.C1.377) Then 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 , (THROCKM-E1-H,I,70.C1.378) and reade further , that hereafter whatsoeuer become of me , my Words be not peruerted and abused to the hurt of som others , and especially against the great Personages , of whome I haue bin sundry times as appeareth by my Answers examined ; (THROCKM-E1-H,I,70.C1.379) for I perceiue the Net was not-1 cast only for little Fishes , but for the great ones , juxta adagium . (THROCKM-E1-H,I,70.C1.380) Stanford . It shall be but losse of tyme , (THROCKM-E1-H,I,70.C1.381) and we haue other things to charge you withall , (THROCKM-E1-H,I,70.C1.382) and this that you desire doth make nothing for you . (THROCKM-E1-H,I,70.C1.383) 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 . (THROCKM-E1-H,I,70.C1.384) Then the said Sergeant red the Dukes Confession touching the Prisoner , amounting to this effect ; That the Lord 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 . (THROCKM-E1-H,I,70.C1.385) Throckmorton . But what doth the principall Author of thys matter say against me , I mean the Lord Thomas Grey , who is yet liuing ? (THROCKM-E1-H,I,70.C1.386) Why is not his Deposition brought against me , (THROCKM-E1-H,I,70.C1.387) for so it ought to bee , if he can say any thing ? (THROCKM-E1-H,I,70.C1.388) Will you know the Trueth ? (THROCKM-E1-H,I,70.C1.389) Neyther the Lord Thomas Grey hath sayd , can say , or wil say any thing against me , notwithstanding the Duke his Brothers Confession and Accusation , who hathe affirmed manye other things besides the Trueth . (THROCKM-E1-H,I,70.C2.390) I speake not without certaine knowledge : (THROCKM-E1-H,I,70.C2.391) for the Lord 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 . (THROCKM-E1-H,I,70.C2.392) I am sure if the Lord Thomas could or would haue said any thing , it should haue bin here now : (THROCKM-E1-H,I,70.C2.393) And as to the Dukes Confession , it is not material , (THROCKM-E1-H,I,70.C2.394) for he doth referre the matter to the Lord Thomas's Report , who hath made my Purgation . (THROCKM-E1-H,I,70.C2.395) 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 ; (THROCKM-E1-H,I,70.C2.396) and for the Proofe hereof you shall heare what Arnold sayth . (THROCKM-E1-H,I,70.C2.397) 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 . (THROCKM-E1-H,I,70.C2.398) Attorney . William Thomas devised , that John Fitzwilliams should kyll the Quene ; (THROCKM-E1-H,I,70.C2.399) and Throckmorton knew of it , as appeareth by Arnold's Confession . (THROCKM-E1-H,I,70.C2.400) Throckmorton . First I denie that I saide anye suche thing to Mr. Arnold ; (THROCKM-E1-H,I,70.C2.401) and though he be an honest Man , he may either forget himself , or deuise meanes how to vnburthen himselfe of so weightie a matter as this is ; (THROCKM-E1-H,I,70.C2.402) for he is charged with the mater as principal , which I did perceiue when he charged mee with his Tale ; (THROCKM-E1-H,I,70.C2.403) and therefore I do blame him the lesse , that he seeketh how to discharge himself , vsing me as a witnes , if he could so transferre the Deuice to William Thomas . (THROCKM-E1-H,I,70.C2.404) But truely , I neuer spake anye suche wordes vnto him ; (THROCKM-E1-H,I,70.C2.405) and for my better Declaration , I did see John Fitzwilliams here euen now , who can testifie , that he neuer shewed me of any Displeasure betwixt them : (THROCKM-E1-H,I,70.C2.406) and as I know nothing of the Displeasure betwixt them , so I know nothing of the Cause . (THROCKM-E1-H,I,70.C2.407) I pray you , my Lordes , let him bee called to depose in thys matter what hee can . (THROCKM-E1-H,I,70.C2.408) Then John Fitzwilliams drew to the Barre , (THROCKM-E1-H,I,70.C2.409) and presented himselfe to depose his knowledg in the matter in open Court . (THROCKM-E1-H,I,70.C2.410) Attorney . I pray you , my Lordes , suffer him not to be sworne , neither to speake ; (THROCKM-E1-H,I,70.C2.411) we haue nothing to do with him . (THROCKM-E1-H,I,70.C2.412) Throckmorton . Why shulde hee not bee suffered to tell Truthe ? (THROCKM-E1-H,I,70.C2.413) And why bee yee not so well contented to heare Troth for mee , as Untroth against me ? (THROCKM-E1-H,I,70.C2.414) Hare . Who called you hither Fitzwilliams , or commaunded you to speake ? (THROCKM-E1-H,I,70.C2.415) you are a verye busie Officer . (THROCKM-E1-H,I,70.C2.416) Throckmorton . I called him , (THROCKM-E1-H,I,70.C2.417) and doe humbly desire , that he may speake and be heard as well as Vaughan , (THROCKM-E1-H,I,70.C2.418) or else I am not indifferently vsed ; specially seeing Maister Atturny doth so presse this matter against me . (THROCKM-E1-H,I,70.C2.419) Southwell . Goe youre wayes Fitzwilliams , (THROCKM-E1-H,I,71.C1.421) the Courte hath nothing to doe with you ; (THROCKM-E1-H,I,71.C1.422) peraduenture you woulde not bee so readie in a good Cause . (THROCKM-E1-H,I,71.C1.423) Then John Fitzwilliams departed the Court , (THROCKM-E1-H,I,71.C1.424) and was not suffered to speake . (THROCKM-E1-H,I,71.C1.425) 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 . (THROCKM-E1-H,I,71.C1.426) 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 . (THROCKM-E1-H,I,71.C1.427) But because the wordes be not sore strayned against me , I praye you , Maister Atturney , why might not I haue tolde Maister Arnolde , that John Fitzwilliams was angrie with William Thomas , and yet knowe no cause of the Anger ? (THROCKM-E1-H,I,71.C1.428) it might be vnderstande , to disagree oftentimes . (THROCKM-E1-H,I,71.C1.429) Who doth confesse that I knowe any thing of William Thomas Deuise touching the Quenes Death ? (THROCKM-E1-H,I,71.C1.430) I will aunswere , no Man : (THROCKM-E1-H,I,71.C1.431) For Maister Arnolde doth mention no worde of that matter , but of the Displeasures betwixte them ; (THROCKM-E1-H,I,71.C1.432) and to speake that , dothe neyther-1 proove Treason , nor knowledge of Treason . (THROCKM-E1-H,I,71.C1.433) Is here all the Euidence againste me that you haue to bring mee within the compasse of the Inditement ? (THROCKM-E1-H,I,71.C1.434) Stanford . $Me $think {TEXT:Methinke} the Matters confessed by others against you , together with your owne Confession , will weye shrewdlye . (THROCKM-E1-H,I,71.C1.435) But howe saye you to the Rising in Kent , and to Wiats Attempte againste the Queenes Royal Person at hir Palace ? (THROCKM-E1-H,I,71.C1.436) Bromley . Whye do you not reade Wiat's Accusation to him , whiche dothe make him Partener to his Treasons ? (THROCKM-E1-H,I,71.C1.437) Southwell . Wiat hath grieuouslye accused you , and in manye thinges that others haue confirmed . (THROCKM-E1-H,I,71.C1.438) Throckmorton . Whatsoeuer Wiat hath saide of me in hope of his Life , he vnsayde it at his Death . (THROCKM-E1-H,I,71.C1.439) For since I came into this Hall , I hearde one saye but I knowe him not that Wiat , upon the Scaffolde , didde not-1 onelye-2 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 . (THROCKM-E1-H,I,71.C1.440) Hare . Notwithstanding he saide , all that he had written and confessed to the Counsayle , was true . (THROCKM-E1-H,I,71.C1.441) Throckmorton . Nay , Sir , by your patience , Maister Wiat sayde not so , (THROCKM-E1-H,I,71.C1.442) that was Maister Doctors Addicion . (THROCKM-E1-H,I,71.C1.443) Southwell . It appeareth you haue hadde good Intelligence . (THROCKM-E1-H,I,71.C1.444) Throckmorton . Almightie God prouided that Reuelation for mee this Daye since I came hither : (THROCKM-E1-H,I,71.C1.445) for I haue bene in close Prison these lviii. Dayes , where I hearde nothing but what the Birdes tolde mee , which did flie ouer my heade . (THROCKM-E1-H,I,71.C1.446) And nowe to you of my Jurie I speake especiallye , whome I desire to marke attentively , what shall be sayde : (THROCKM-E1-H,I,71.C1.447) I haue been indited , as it appeareth , (THROCKM-E1-H,I,71.C1.448) and now am arreigned of compassing the Queenes Majesties Death , of levying Warre againste the Queene , of taking the Tower of 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 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 . (THROCKM-E1-H,I,71.C2.449) And neuerthelesse , though it were graunted , the Depositions proue nothing concerning the Queenes Death . (THROCKM-E1-H,I,71.C2.450) For leuying of Warre againste the Queene , there is alledged my Conference with Sir 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 ; (THROCKM-E1-H,I,71.C2.451) and notwithstanding the maliciovs gathering this Day of my Conference , proueth yet no levying of Warre . (THROCKM-E1-H,I,71.C2.452) There is also alledged for proofe of the same Article , Sir 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 , (THROCKM-E1-H,I,71.C2.453) and therefore I praye you consider it as not spoken . (THROCKM-E1-H,I,71.C2.454) There is also for proofe of the sayde Article , the Duke of Suffolkes Confession , with whom I neuer had Conference ; (THROCKM-E1-H,I,71.C2.455) and therefore he advouched the tale of his Brother's Mouth , who hath made my Purgation in those Matters , (THROCKM-E1-H,I,71.C2.456) and yet if the matter were proued , they be not greatly materiall in Lawe . (THROCKM-E1-H,I,71.C2.457) There is also alledged for the further proofe of the same Article , and for deposing and depriuing the Queene of hir Royall Estate , and for my adhering to the Queenes Enimies , 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 . (THROCKM-E1-H,I,71.C2.458) 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 . (THROCKM-E1-H,I,71.C2.459) And last of all , to enforce these matters , mine owne Confession is engrieued greatly against me , wherein there doth appeare neyther Treason , neyther concelement of Treason , neyther whispering of Treason , nor procurement of Treason . (THROCKM-E1-H,I,71.C2.460) And for as much as I am come hither to be tried by the Lawe , though my Innocencie of all these Pointes materiall objected , be apparant to acquite mee , whervnto I doe principallye cleaue ; yet I will for your better Credit and Satisfactions shewe you euidentlye , that if you woulde beleeue all the Depositions layde against me , which I trust you will not doe , I ought not to be attainted of the Treason comprised within my Inditement , considering the Statute of Repeale the last Parliament , of all Treasons , other than suche as be declared in the xxv. Yeare of King Edwarde the Third ; both which Statutes I pray you my Lords may be redde here to the Enquest . (THROCKM-E1-H,I,71.C2.461) Bromley . No , for there shall be no Bookes brought at your desire ; (THROCKM-E1-H,I,71.C2.462) we know the Law sufficiently withoute Booke . (THROCKM-E1-H,I,71.C2.463) Throckmorton . Do you bring me hither to trie mee by the Lawe , (THROCKM-E1-H,I,71.C2.464) and will not shewe me the Lawe ? (THROCKM-E1-H,I,71.C2.465) What is your Knowledge of the Lawe to these Mens Satisfactions , which haue my Triall in hande ? (THROCKM-E1-H,I,71.C2.466) I pray you , my Lordes , and my Lordes all , let the Statutes bee redde , as well for the Queene , as for mee . (THROCKM-E1-H,I,72.C1.467) Stanford . My Lord Chief Justice can shew the Lawe , and will , if the Jurie doe doubt of any Poynt . (THROCKM-E1-H,I,72.C1.468) Throckmorton . You knowe it were indifferent that I should knowe and heare the Law whereby I am adjudged ; (THROCKM-E1-H,I,72.C1.469) and forasmuch as the Statute is in Englishe , Men of meaner Learning than the Justices , can vnderstande it , (THROCKM-E1-H,I,72.C1.470) or else how shoulde we know when we offend ? (THROCKM-E1-H,I,72.C1.471) Hare . You knowe not what belongeth to youre case , (THROCKM-E1-H,I,72.C1.472) and therefore we must teach you : (THROCKM-E1-H,I,72.C1.473) it appertaineth not to vs to prouide Bookes for you , (THROCKM-E1-H,I,72.C1.474) neyther sit wee here to be taught of you ; (THROCKM-E1-H,I,72.C1.475) you should haue taken better hede to the Law before you had come hither . (THROCKM-E1-H,I,72.C1.476) Throckmorton . Bicause I am ignoraunt , I woulde learne , (THROCKM-E1-H,I,72.C1.477) and therefore I haue more neede to see the Law , (THROCKM-E1-H,I,72.C1.478) and partlye as well for the Instructions of the Jurie , as for my owne Satisfaction , which mee thinke , were for the Honor of this Presence . (THROCKM-E1-H,I,72.C1.479) And now if it please you my Lorde Chiefe Justice , I do direct my Speach specially to you . (THROCKM-E1-H,I,72.C1.480) What time it pleased the Queenes Majestie , to call you to this Honourable Office , I did learne of a great Personage of hir Highnesse Priuie Counsayle , that amongst other good Instructions , hir Majestie charged and enjoyned you to minister the Law and Justice indifferently without respect of Persons . (THROCKM-E1-H,I,72.C1.481) And notwithstanding the old Error amongst you , whiche did not admit any Witnesse to speake , or any other matter to be hearde in the favor of the Aduersarie , hir Majestie being partie , hir Highnes pleasure was , that whatsoeuer could be brought in the fauor of the Subject , shoulde be admitted to be hearde . And moreouer , that you specially , and likewise all other Justices , shoulde not persuade themselues to sit in Judgment otherwise for hir Highnesse , than for hir Subject . (THROCKM-E1-H,I,72.C1.482) Therefore this maner of indifferent proceeding being principally enjoined by Gods Commandement , which I had thought partly to haue remembred you and others here in Commission in the beginning , if I might haue had leaue ; and the same also being commanded you by the Queenes owne Mouth , me think you ought of right to suffer me to haue the Statutes red openly , and also to reject nothing that coulde be spoken in my Defence : (THROCKM-E1-H,I,72.C1.483) and in thus doing you shal shew your selves worthy Ministers , and fit for so worthie a Mistresse . (THROCKM-E1-H,I,72.C1.484) Bromley , You mistake the matter , (THROCKM-E1-H,I,72.C1.485) the Queene spake those Wordes to maister Morgan Chiefe Justice of the Common Place ; (THROCKM-E1-H,I,72.C1.486) but you haue no cause to complaine , (THROCKM-E1-H,I,72.C1.487) for you haue been suffered to talke at your pleasure . (THROCKM-E1-H,I,72.C1.488) Hare . What woulde you doe with the Statute-Booke ? (THROCKM-E1-H,I,72.C1.489) the Jury doth not require it , (THROCKM-E1-H,I,72.C1.490) they haue hearde the Euidence , (THROCKM-E1-H,I,72.C1.491) and they must vppon their Conscience trie whether you bee guiltie or no , so as the Booke needeth not : (THROCKM-E1-H,I,72.C1.492) if they will not credite the Euidence so apparent , then they know what they haue to doe . (THROCKM-E1-H,I,72.C1.493) Cholmley . You ought not to haue any Bookes red here at your Appointment , (THROCKM-E1-H,I,72.C1.494) for where doth aryse any doubte in the Law , the Judges sitte here to informe the Court ; (THROCKM-E1-H,I,72.C1.495) and now you doe but spende time . (THROCKM-E1-H,I,72.C1.496) Attourney . I pray you my Lorde Chiefe Justice repeate the Euidence for the Queene , (THROCKM-E1-H,I,72.C1.497) and giue the Jurie their Charge , (THROCKM-E1-H,I,72.C2.498) for the Prisoner will keepe you here all day . (THROCKM-E1-H,I,72.C2.499) Bromley . How saye you , (THROCKM-E1-H,I,72.C2.500) haue you any more to saye for your selfe ? (THROCKM-E1-H,I,72.C2.501) Throckmorton . You seeme to giue and offer mee the Lawe , (THROCKM-E1-H,I,72.C2.502) but in very dede I haue only the Forme and Image of the Lawe ; (THROCKM-E1-H,I,72.C2.503) neuerthelesse , since I $can $not {TEXT:cannot} be suffred to haue the Statutes red openly in the Booke , I will by your Pacience gesse at them , as I may , (THROCKM-E1-H,I,72.C2.504) and I pray you to help me if I mistake , (THROCKM-E1-H,I,72.C2.505) for it is long since I did see them . (THROCKM-E1-H,I,72.C2.506) The Statute of Repeale made the last Parliament hath these Wordes , Be it enacted by the Queene , that from henceforth none Acte , Deede , or Offence , being by Acte of Parliament or Statute made Treason , Petit Treason , or Misprision of Treason , by Words , Writing , Printing , Ciphering , Deedes , or otherwise whatsoeuer , shall be taken , had , deemed , or adjudged Treason , Petit Treason , but only such as be declared , or expressed to be Treason , in or by an Acte of Parliament made in the xxv. Yeare of Edward III. touching and concerning Treasons , and the Declaration of Treasons , and none other . (THROCKM-E1-H,I,72.C2.507) Here may you see this Statute doth referre all the Offences aforesayde , to the Statute of the xxv. of 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 . (THROCKM-E1-H,I,72.C2.508) Now I praye you of my Jurie which haue my Lyfe in Triall , note well what things at this daye bee Treasons , and howe these Treasons must be tried and decerned , that is to saye , by open Deede , which the Lawes doth at some time terme ouert acte . (THROCKM-E1-H,I,72.C2.509) And now I aske , notwithstanding my Inditement , which is but matter alledged , where doth appeare the open Deede of any compassing or imagining the Queenes Death ; (THROCKM-E1-H,I,72.C2.510) or where doth appeare any open Deede of being adherent to the Queenes Enimies , giuing to them ayde and comfort ; (THROCKM-E1-H,I,72.C2.511) or where doth appeare any open Deede of taking the Tower of Loudon ? (THROCKM-E1-H,I,72.C2.512) Bromley . Why doe not you of the Queenes learned Counsell aunswere him ? (THROCKM-E1-H,I,72.C2.513) Me thinke , Throckmorton , you neede not to haue the Statutes , (THROCKM-E1-H,I,72.C2.514) for you haue them meetely perfectly . (THROCKM-E1-H,I,72.C2.515) Stanford . You are deceyued , to conclude all Treasons in the Statute of the xxv. Year of Edwarde the Thirde ; (THROCKM-E1-H,I,72.C2.516) for that Statute is but a Declaration of certaine Treasons , whiche were Treasons before at the Common Lawe . (THROCKM-E1-H,I,72.C2.517) Euen so there doth remayne diuers other Treasons at this day at the Common Lawe , which be not expressed by that Statute , as the Judges can declare . (THROCKM-E1-H,I,72.C2.518) Neuerthelesse , there is matter sufficient alledged and proued against you to bringe you within the compasse of the same Statute . (THROCKM-E1-H,I,72.C2.519) Throckmorton . I praye you expresse those Matters that bring me within the compasse of the Statute of Edwarde the Third ; (THROCKM-E1-H,I,72.C2.520) for the Wordes be these , And be thereof attainted by open Deede by People of like Condicion . (THROCKM-E1-H,I,72.C2.521) Bromley . Throckmorton , you deceyue your selfe , (THROCKM-E1-H,I,72.C2.522) and mistake these Wordes , by People of their Condicion ; (THROCKM-E1-H,I,72.C2.523) for thereby the Lawe doth vnderstande the discouering of your Treasons . (THROCKM-E1-H,I,73.C1.524) 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 . (THROCKM-E1-H,I,73.C1.525) Throckmorton . By your leaue , my Lorde , this is a very straunge and singular Understanding . (THROCKM-E1-H,I,73.C1.526) For I suppose the meaning of the Lawe-makers did vnderstande these Wordes , By People of their Condicion , of the State and Condicion of those Persons whiche shoulde bee on the Inquest to trie the Partie arreygned , guiltie or not guiltie , and nothing to be bewraying of the Offence by another Man's act , as you say : (THROCKM-E1-H,I,73.C1.527) for what haue I to doe with Wiat's actes , that was not nigh him by one hundred Myles ? (THROCKM-E1-H,I,73.C1.528) Attorney . Will you take vppon you to skill better of the Lawe than the Judges ? (THROCKM-E1-H,I,73.C1.529) I doubt not but you of the Jurie will credit as it becommeth you . (THROCKM-E1-H,I,73.C1.530) Cholmley . Concerning the true vnderstanding of these Words , By People of their Condicion , my Lord Chiefe Justice here hath declared the Truth ; (THROCKM-E1-H,I,73.C1.531) for Wiat was one of your Condicion , that is to say , of your Conspiracie . (THROCKM-E1-H,I,73.C1.532) Hare . You doe not denie , Throckmorton , but that there hath bene Conference , and sending betweene Wiat and you , (THROCKM-E1-H,I,73.C1.533) and he and Winter doth confesse the same , with others ; so as it is playne , Wiat may well be called one of your Condicion . (THROCKM-E1-H,I,73.C1.534) 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 . (THROCKM-E1-H,I,73.C1.535) But where dothe appeare in mee an open Deede , wherevnto the Treason is speciallye referred ? (THROCKM-E1-H,I,73.C1.536) Bromley . If thre or foure do talke , deuise , and conspire togither of a trayterous Acte to be done , and afterwards one of them doth commit Treason , as 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 , (THROCKM-E1-H,I,73.C1.537) and so the Lawe doth terme it and take it . (THROCKM-E1-H,I,73.C1.538) Throckmorton . These be marueylous Expositions , and wonderfull Implications , that another Man's acte , whereof I was not privy , should be accounted myne ; (THROCKM-E1-H,I,73.C1.539) for Wiat did purge me that I knew nothing of his stirre . (THROCKM-E1-H,I,73.C1.540) 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 . (THROCKM-E1-H,I,73.C1.541) And as my Lord here hath sayd , the Law always doth adjudge him a Traytor , who was priuie and doth procure Treason , or any other Man to committe Treason , or a trayterous acte , as you did Wiat , and others ; (THROCKM-E1-H,I,73.C1.542) for so the Ouert Acte of those whiche did it by your Procurement , shall in this case be accounted your open Deede . (THROCKM-E1-H,I,73.C1.543) We have a common case in the Lawe , if one by Procurement shoulde disseyse you of your Lande , the Lawe holdeth vs both wrong doers , (THROCKM-E1-H,I,73.C1.544) and giueth remedie as well against the one as the other . (THROCKM-E1-H,I,73.C1.545) Throckmorton . For God's sake applie not such Constructions against me ; (THROCKM-E1-H,I,73.C1.546) and though my present Estate doth not moue you , yet it were well you shoulde consider your Office , and think what measure you giue to others , (THROCKM-E1-H,I,73.C1.547) you your selues I say shall assuredly receyue the same agayne . (THROCKM-E1-H,I,73.C1.548) The state of mortall Life is such , that Men know full little what hangeth ouer them . (THROCKM-E1-H,I,73.C2.550) I put on within this xii. Moneths such a Mind , that I moste wofull Wight , was unlike to stande here , as some of you that sit there . (THROCKM-E1-H,I,73.C2.551) As to your case last recited , whereby you woulde conclude , I haue remembred and learned of you Master 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 : (THROCKM-E1-H,I,73.C2.552) There , I say , I learned of you , and others my Maisters of the Lawe , this difference betwixt such Cases as you remembred one euen nowe , and the Statute whereby I am to be tried . (THROCKM-E1-H,I,73.C2.553) There is a Maxime or Principle in the Lawe , which ought not to be violated , That no penal Statute may , ought , or shoulde be construed , expounded , extended , or wrested , otherwise than the simple Wordes and nude Letter of the same Statute doth warrant and signifie . (THROCKM-E1-H,I,73.C2.554) And amongst diuers good and notable Reasons by you there in the Parliament House debated , Maister Sergeant Stanforde , I noted this one , why the said Maxime ought to be inuiolable : (THROCKM-E1-H,I,73.C2.555) you said , considering the priuate Affections many tymes both-1 of Princes and Ministers within this Realme , for that they were Men , and woulde and coulde erre , it shoulde be no Securitie , but very daungerous to the Subject , to referre the Construction , and extending of Penall Statutes to anye Judges Equitie , as you termed it , which might eyther by feare of the higher Powers be seduced , or by Ignoraunce and Follye abused . (THROCKM-E1-H,I,73.C2.556) And that is an aunswere by procurement . (THROCKM-E1-H,I,73.C2.557) 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 . (THROCKM-E1-H,I,73.C2.558) 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 ; (THROCKM-E1-H,I,73.C2.559) for hee minded to haue departed with the Earle of Deuonshire Westwardes . (THROCKM-E1-H,I,73.C2.560) Throckmorton . My Innocencie concerning these matters , I trust , sufficiently appeareth by my former Aunswers , notwithstanding the condempned Man's unjust Accusation . (THROCKM-E1-H,I,73.C2.561) But because the true understanding of the Statute is in question ; I saye , procurement , and specially by words onely , is without the compasse of it : (THROCKM-E1-H,I,73.C2.562) and that I doe learne and proue by the principle which I learned of Maister Stanforde . (THROCKM-E1-H,I,73.C2.563) Stanforde . Maister Throckmorton , you and I maye not agree this Day in the understanding of the Lawe , (THROCKM-E1-H,I,73.C2.564) for I am for the Queene , (THROCKM-E1-H,I,73.C2.565) and you speake for your selfe : (THROCKM-E1-H,I,73.C2.566) the Judges must determine the matter . (THROCKM-E1-H,I,73.C2.567) 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 ; (THROCKM-E1-H,I,73.C2.568) and in case of Treason , it hath bene alwayes so taken and reputed . (THROCKM-E1-H,I,73.C2.569) Throckmorton . I doe and must cleaue to my Innocencie , (THROCKM-E1-H,I,73.C2.570) for I procured no Man to committe Treason ; (THROCKM-E1-H,I,74.C1.571) but yet for my Learning I desire to heare some case so ruled , when the Lawe was as it is nowe . (THROCKM-E1-H,I,74.C1.572) I do confesse it , that at suche time there were Statutes prouided for the procurer , counsaylour , ayder , abetter , and suche like , as there were in King Henrie the $VIIIth $'s {TEXT:VIIIth's} tyme , you might lawfullye make this cruell Construction , and bring the procurer within the compasse of the Lawe . (THROCKM-E1-H,I,74.C1.573) But these Statutes being repealed , you ought not nowe so to doe ; (THROCKM-E1-H,I,74.C1.574) and as to the principal procurer in Fellonie and Murther , it is not lyke as in Treason , (THROCKM-E1-H,I,74.C1.575) for the Principal and Accessaries in Felonie and Murther be triable and punishable by the common Law ; (THROCKM-E1-H,I,74.C1.576) and so in those cases the Judges may use their Equitie , extending the determinacion of the fault as they thinke good : (THROCKM-E1-H,I,74.C1.577) but in Treason it is otherwise , the same being limited by Statute Law , which I say and aduow is restreyned from any Judges Construction by the Maxime that I recited . (THROCKM-E1-H,I,74.C1.578) 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 . (THROCKM-E1-H,I,74.C1.579) 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 , (THROCKM-E1-H,I,74.C1.580) but the Lawe hath ben always so taken . (THROCKM-E1-H,I,74.C1.581) Throckmorton . I neuer studied the Law , wherof I do much repent mee ; (THROCKM-E1-H,I,74.C1.582) yet I remember , whylest Penall Statutes were talked of in the Parliament-House , you the learned Men of the House remembred some Cases contrarie to this last spoken of . (THROCKM-E1-H,I,74.C1.583) And if I misreport them , I pray you helpe me . (THROCKM-E1-H,I,74.C1.584) In the like case you speake of concerning the Procurer to counterfeyte false Money ; at one time the Procurer was judged a Fellon , and at another time neither Fellon nor Traytor ; so as some of your Predecessours adjudged the Procurer no Traytour in the same case , but leaned to their principle , though some other extende their Constructions too large . (THROCKM-E1-H,I,74.C1.585) And here is two cases with me , for one against me . (THROCKM-E1-H,I,74.C1.586) 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 {TEXT:IVth's} tyme , and yet his act was not within the expresse words of the Statute of Edwarde the Third . (THROCKM-E1-H,I,74.C1.587) There be diuerse other such like cases that maye be alledged and need were . (THROCKM-E1-H,I,74.C1.588) 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 . (THROCKM-E1-H,I,74.C1.589) Stanforde . If I had thought you had bene so well furnished with Booke Cases , I woulde haue bene better prouided for you . (THROCKM-E1-H,I,74.C1.590) Throckmorton . I haue nothing but I lerned of you specially M. Sergeant , and of others my Masters of the Law in the Parliament House ; (THROCKM-E1-H,I,74.C1.591) and therefore I may say with the Prophet , Salutem ex inimicis nostris . (THROCKM-E1-H,I,74.C1.592) Southwell . You have a very good Memorie . (THROCKM-E1-H,I,74.C1.593) Attorney . If the Prisoner may auoyde his Treasons after this maner , the Queenes Suretie shall bee in great jeoperdy . (THROCKM-E1-H,I,74.C1.594) For Jack Cade , the Blacksmith , and diuerse other Traytors , sometime alledging the Law for them , sometime they ment no harm 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 . (THROCKM-E1-H,I,74.C2.595) The Duke and his Brethren did mistake the Lawe , as you doe , (THROCKM-E1-H,I,74.C2.596) yet at length did confesse their Ignorance , (THROCKM-E1-H,I,74.C2.597) and submitted themselves . (THROCKM-E1-H,I,74.C2.598) And so were you best to doe . (THROCKM-E1-H,I,74.C2.599) Throckmorton . As to Cade and the Blacksmith , I am not so well acquainted with their Treasons as you bee ; (THROCKM-E1-H,I,74.C2.600) but I haue red in the Chronicle , they were in the Fielde with a force against the Prince , whereby a manifest acte did appeare . (THROCKM-E1-H,I,74.C2.601) As to the Duke of Suffolke's doings , they appertaine not to mee . (THROCKM-E1-H,I,74.C2.602) 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 : (THROCKM-E1-H,I,74.C2.603) I am sorie to engreue any other Mans doings ; (THROCKM-E1-H,I,74.C2.604) but it serueth me for a piece of my Defence , (THROCKM-E1-H,I,74.C2.605) and therefore I wish that no Man should gather euil of it , (THROCKM-E1-H,I,74.C2.606) God forbid that words and acts be thus confounded . (THROCKM-E1-H,I,74.C2.607) Attorney . Sir William Stanley used this shifte that the Prisoner useth now , (THROCKM-E1-H,I,74.C2.608) he sayde he did not leuie War against King Henry the VII. (THROCKM-E1-H,I,74.C2.609) but sayde to the Duke of Buckingham , that in a good Quarrell he wold aid him with Men ; (THROCKM-E1-H,I,74.C2.610) 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 . (THROCKM-E1-H,I,74.C2.611) Throckmorton . I pray you Maister Attorney do not conclude me by blinde contraries . (THROCKM-E1-H,I,74.C2.612) Whether you alledge Stanleyes case trulye or no , I knowe not . (THROCKM-E1-H,I,74.C2.613) But admitte it be as you saye , (THROCKM-E1-H,I,74.C2.614) what dothe this proue against me ? (THROCKM-E1-H,I,74.C2.615) I promised no ayde to Maister Wiat , nor to anye other . (THROCKM-E1-H,I,74.C2.616) The Duke of Buckingham leuied Warre against the King , with whom Stanley was confederate so to doe , as you saye . (THROCKM-E1-H,I,74.C2.617) Attorney . I pray you , my Lords , that be the Queenes Commissioners , suffer not the Prisoner to vse the Queenes learned Counsell thus ; (THROCKM-E1-H,I,74.C2.618) I was neuer interrupted thus in my Life , (THROCKM-E1-H,I,74.C2.619) nor I neuer knewe any thus suffered to talke , as this Prisoner is suffered : (THROCKM-E1-H,I,74.C2.620) some of us will come no more at the Barre , and we be thus handled . (THROCKM-E1-H,I,74.C2.621) Bromley . Throckmorton , you must suffer the Queenes learned Counsell to speake , (THROCKM-E1-H,I,74.C2.622) or else we must take order with you ; (THROCKM-E1-H,I,74.C2.623) you haue had leaue to talke at your pleasure . (THROCKM-E1-H,I,74.C2.624) Hare . It is proued that you did talke with Wiat against the comming of the Spanyardes , and deuised to interrupt their arrivall , (THROCKM-E1-H,I,74.C2.625) 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 . (THROCKM-E1-H,I,74.C2.626) Throckmorton . It was no Treason , nor no procurement of Treason , to talke agaynste the comming hither of the Spanyardes , (THROCKM-E1-H,I,74.C2.627) neyther it was Treason for me to saye , I woulde hynder their commyng hither as muche as I coulde , vnderstanding me rightly as I meant it ; (THROCKM-E1-H,I,74.C2.628) yea though you would extend it to the worste , it was but Words , (THROCKM-E1-H,I,74.C2.629) it was not Treason at this day as the Law standeth : (THROCKM-E1-H,I,74.C2.630) and as for Wiat's doings , they touche me nothing , (THROCKM-E1-H,I,74.C2.631) for at his Death , when it was no tyme to report untruly , he purged me . (THROCKM-E1-H,I,74.C2.632) 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 well learned Men in the Lawes adjudged Treason . (THROCKM-E1-H,I,75.C1.633) And therefore your procurement being so euident as it is , we may lawfully say it was Treason , bycause Wiat perfourmed a trayterous acte . (THROCKM-E1-H,I,75.C1.634) Throckmorton . As to the said alledged fore Precedents against me , I haue recited as many for me , (THROCKM-E1-H,I,75.C1.635) and I would you my Lord Chief Justice shuld incline your Judgements rather after the example of your honourable Predecessors , Justice 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 . (THROCKM-E1-H,I,75.C1.636) Bromley . Justice Markham had reason to warrant his doings ; (THROCKM-E1-H,I,75.C1.637) for it did appeare , a Merchant of London was arraigned and slanderously accused of Treason for compassing and imagining the King's Death , (THROCKM-E1-H,I,75.C1.638) he did say he would make his Sonne Heire of the Crown , (THROCKM-E1-H,I,75.C1.639) and the Merchant meant it of a House in Cheapside at the Signe of the Crowne ; (THROCKM-E1-H,I,75.C1.640) but your case is not so . (THROCKM-E1-H,I,75.C1.641) Throckmorton . My Case doth differ , I graunt , but specially bicause I haue not suche a Judge : (THROCKM-E1-H,I,75.C1.642) yet there is another cause to restraine these your strange and extraordinarie Constructions ; that is to say , a Prouiso in the latter ende of the Statute of 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 . (THROCKM-E1-H,I,75.C1.643) Here you are restrained by expresse Words to adjudge any case that is not manifestly mentioned before , and untill it be shewed to the Parliament . (THROCKM-E1-H,I,75.C1.644) Portman . That Prouiso I understand of cases , that may come in trial , which hath bin in vre , (THROCKM-E1-H,I,75.C1.645) but the Law hath always taken the Procurer to be a principal Offender . (THROCKM-E1-H,I,75.C1.646) Sanders . The Law alwayes in cases of Treason dothe accompte all Principalles , and no Accessaries as in other Offences ; (THROCKM-E1-H,I,75.C1.647) and therefore a Man offending in Treason , either-1 by couert acte or procurement , whereupon an open Deede hath ensued , as in this case , is adjudged by the Lawe a principal Traytoure . (THROCKM-E1-H,I,75.C1.648) 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 ; (THROCKM-E1-H,I,75.C1.649) and notwithstanding thys grieuous racking and extending of this worde Procurement , I am not in the daunger of it , (THROCKM-E1-H,I,75.C1.650) for it doth appear by no Deposition , that I procured neyther one or other to attempt any acte . (THROCKM-E1-H,I,75.C1.651) Stanforde . The Jurie haue to trye , whether it bee so or no , (THROCKM-E1-H,I,75.C1.652) let it weygh as it will . (THROCKM-E1-H,I,75.C1.653) Hare . I knowe no Meane so apparent to try Procurement as by Words , (THROCKM-E1-H,I,75.C1.654) and that Meane is probable ynoughe agaynst you , as well by youre owne Confession , as by other Mennes Depositions . (THROCKM-E1-H,I,75.C1.655) 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 ; (THROCKM-E1-H,I,75.C1.656) for then the whole Parliament-house , I meane the common House , didde procure Treason : (THROCKM-E1-H,I,75.C1.657) but since you wyll make no Difference 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 ; (THROCKM-E1-H,I,75.C2.658) these bee the woordes : Who so euer dothe compasse , or imagine to depose the Kyng of his Royall Estate by open Preaching , expresse Wordes or Sayings , shall for the fyrst Offence lose and forfayte to the King all his and their Goodes and Cattailes , (THROCKM-E1-H,I,75.C2.659) and also shal suffer Imprisonmente of their Bodyes at the King's Will and Pleasure . (THROCKM-E1-H,I,75.C2.660) Whosoeuer , &c. for the second Offence shall lose and forfayte to the Kyng the whole Issues and Profytes of all his or their Landes , Tenementes , and other Hereditaments , Benefices , Prebendes , and other spiritual Promotions . (THROCKM-E1-H,I,75.C2.661) Whosoeuer , &c. for the thirde Offence , shall for Term of Lyfe or Lyues of suche Offendour or Offendors , &c. (THROCKM-E1-H,I,75.C2.662) and shall also forfeite to the Kynges Majestie all his or their Goodes and Cattailes , and suffer during his or their Liues perpetuall Imprisonement of his or their Bodies . (THROCKM-E1-H,I,75.C2.663) But whosoeuer , &c. by Writing , Ciphering , or Acte , shall for the firste Offence be adjudged a Traitour , and suffer the Paines of Deathe . (THROCKM-E1-H,I,75.C2.664) Here you may perceiue howe the whole Realme and all your Judgementes hathe beefore this vnderstande Wordes and Actes , diuerslye and apparantlye ; (THROCKM-E1-H,I,75.C2.665) and therefore the Judgementes of the Parliamente did assigne Diuersitie of Punishmentes , because they woulde not confounde the true Vnderstanding of Wordes and Deedes , appointing for compassing and imagining by Worde , Imprisonment ; and for compassing and imagining by open Deede , Paines of Death . (THROCKM-E1-H,I,75.C2.666) 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 ; (THROCKM-E1-H,I,75.C2.667) and there is apparent Proofe of youre adhering to Wiat , both-2 by your owne Confession and other wayes . (THROCKM-E1-H,I,75.C2.668) Throckmorton . Adhering and procuring bee not all one ; (THROCKM-E1-H,I,75.C2.669) for the Statute of Edwarde the Thirde doth speake of adhering , but not of procuring , (THROCKM-E1-H,I,75.C2.670) and yet adhering ought not be further extended , than to the Quenes Enimies within her Realme , (THROCKM-E1-H,I,75.C2.671) for so the Statute doth limit the Vnderstanding . (THROCKM-E1-H,I,75.C2.672) And Wiat was not the Queenes Enimie , (THROCKM-E1-H,I,75.C2.673) for hee was not so reputed , when I talked with him last ; (THROCKM-E1-H,I,75.C2.674) and our Speach implyed no Enmitie , (THROCKM-E1-H,I,75.C2.675) neyther tended to anye Treason , or procuring of Treason : (THROCKM-E1-H,I,75.C2.676) and therefore I praye you of the Jurie note , thoughe I argue the Lawe , I alledge my Innocencie , as the best part of my Defence . (THROCKM-E1-H,I,75.C2.677) Hare . Your adhering to the Queenes Enimies within the Realme is euidently proued : (THROCKM-E1-H,I,75.C2.678) for Wiat was the Queenes Enimie wythin the Realme , as the whole Realme knoweth it , (THROCKM-E1-H,I,75.C2.679) and he hath confessed it , both at his Arrainement and at his Death . (THROCKM-E1-H,I,75.C2.680) Throckmorton . By your leaue , neither-1 Wiat at at his Arreignment , nor at his Death , did confesse , that he was the Queenes Enimie , when I talked last with him , (THROCKM-E1-H,I,75.C2.681) neyther he was reputed nor taken in xiiij. dayes after , vntill he assembled a Force in Armes , what time I was at your House , Master Inglefielde , where I learned the first Intelligence of Wiats Stirre . (THROCKM-E1-H,I,75.C2.682) 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 ? (THROCKM-E1-H,I,75.C2.683) If 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 ? (THROCKM-E1-H,I,76.C1.684) and thither I might haue gone and conueyed my selfe with him , vnsuspected for my departing homewards . (THROCKM-E1-H,I,76.C1.685) Inglefielde . It is true that you were there at my House , accompanied with others your Brethren , and , to my knowledg , ignorant of these Matters . (THROCKM-E1-H,I,76.C1.686) 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 , (THROCKM-E1-H,I,76.C1.687) and so you saye all , (THROCKM-E1-H,I,76.C1.688) but in Deede it was against the Queene , which he confessed at length : (THROCKM-E1-H,I,76.C1.689) therefore Wiats Actes doe proue you Counsayler and Procurer , howsoeuer you woulde auoyde the matter . (THROCKM-E1-H,I,76.C1.690) Throckmorton . Me think you would conclude me with a mishapen Argument in Logicke , (THROCKM-E1-H,I,76.C1.691) and you will giue mee leaue , I will make another . (THROCKM-E1-H,I,76.C1.692) Stanforde . The Judges sit not here to make Disputations , but to declare the Law , which hath bene sufficiently done , if you woulde consider it . (THROCKM-E1-H,I,76.C1.693) Hare . You haue hearde Reason and the Lawe , if you will conceyue it . (THROCKM-E1-H,I,76.C1.694) Throckmorton . Oh mercifull God ! (THROCKM-E1-H,I,76.C1.695) Oh eternall Father , which seest all things , what maner of Proceedings are these ? (THROCKM-E1-H,I,76.C1.696) To what purpose serueth the Statute of Repeale the last Parliament , where I hearde some of you here present , and diuerse other of the Queenes learned Counsayle , grieuouslye inuey against the cruell and bloudie Lawes of King Henrie the Eyght , and against some Lawes made in my late Sovereigne Lorde and Maisters time , King Edwarde the sixth ? (THROCKM-E1-H,I,76.C1.697) some termed them Draco's Lawes , whiche were written in Bloude : (THROCKM-E1-H,I,76.C1.698) Some sayde they were more intolerable than any Lawes , that Dionysius or any other Tyraunt made . (THROCKM-E1-H,I,76.C1.699) In conclusion , as many Men , so manye bitter Termes and Names those Lawes had . (THROCKM-E1-H,I,76.C1.700) And moreouer , the Preface of the same Estatute doth recite , that for Wordes onely , many great Personages , and others of good Behauiour , hath bene most cruelly cast awaye by these foremer sanguinolent thirstie Lawes , with many other Suggestions for the Repeale of the same . (THROCKM-E1-H,I,76.C1.701) And now let vs put on indifferent Eyes , and throughly consider with our selues , as you the Judges handle the Constructions of the Statute of 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 . (THROCKM-E1-H,I,76.C1.702) These Lawes albeit they were grieuous and captious , yet they had the verie Propertie of a Lawe after S. Paules Description : (THROCKM-E1-H,I,76.C1.703) For those Lawes did admonish vs , and discover our Sinnes plainly vnto vs ; (THROCKM-E1-H,I,76.C1.704) and when a Man is warned , hee is halfe armed . (THROCKM-E1-H,I,76.C1.705) These Lawes , as they bee handled , be very Baytes to catche vs , and onely prepared for the same , and no Lawes ; (THROCKM-E1-H,I,76.C1.706) for at the first sight they ascertaine vs we be deliuered from our olde Bondage , (THROCKM-E1-H,I,76.C1.707) and by the late Repeale the last Parliament we liue in more Securitie . (THROCKM-E1-H,I,76.C1.708) But when it pleaseth the higher Powers to call any Mannes Lyfe and Sayings in question , then there be Constructions , Interpretations , and Extensions reserued to the Justices and Judges Equitie , that the Partie triable , as I am nowe , shall finde himselfe in much worse case , than before when those cruell Lawes stoode in force . (THROCKM-E1-H,I,76.C1.709) Thus our Amendement is from God's Blessing into the warme Sunne ; (THROCKM-E1-H,I,76.C2.710) but I require you honest Men , whiche are to trie my Life , consider these Opinions of my Life : (THROCKM-E1-H,I,76.C2.711) Judges be rather agreeable to the Time , than to the Truth ; (THROCKM-E1-H,I,76.C2.712) for their Judgments be repugnant to their owne Principle , repugnant to their godly and best learned Predecessors Opinions , repugnant , I say , to the Prouiso in the Statute of Repeale made in the last Parliament . (THROCKM-E1-H,I,76.C2.713) Attorney . Maister Throckmorton , quiet your selfe , (THROCKM-E1-H,I,76.C2.714) and it shall be the better for you . (THROCKM-E1-H,I,76.C2.715) Throckmorton . Maister Attorney , I am not so vnquiet as you be , (THROCKM-E1-H,I,76.C2.716) and yet our Cases are not alike ; (THROCKM-E1-H,I,76.C2.717) but bicause I am so tedious to you , and haue long troubled this Presence , it may please my Lorde Chief Justice to repeate the Euidence , wherewith I am charged , and my Aunswers to all the Objections , if there be no other matter to laye against me . (THROCKM-E1-H,I,76.C2.718) Then the Chief Justice Bromley remembred particularly all the Depositions and Euidences giuen against the Prisoner , (THROCKM-E1-H,I,76.C2.719) and eyther-1 for wante of good Memorie , or good Will , the Prisoners Aunsweres were in part not recited : wherevppon the Prisoner craued Indifferencie , and did helpe the Judges olde Memorie with his owne Recital . (THROCKM-E1-H,I,76.C2.720) 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 : (THROCKM-E1-H,I,76.C2.721) And if you finde him guiltie , you shall enquire what Landes , Tenementes , Goodes , and Cattelles he had at the day of his Treasons committed , or at anye time since ; and whether he fledde for the Treasons or no , if you finde him not guiltie . (THROCKM-E1-H,I,76.C2.722) Throckmorton . Haue you sayde what is to be sayd ? (THROCKM-E1-H,I,76.C2.723) Sendall . Yea , for this time . (THROCKM-E1-H,I,76.C2.724) Throckmorton . Then I pray you giue me leaue to speake a fewe Words to the Jurie : (THROCKM-E1-H,I,76.C2.725) The Weyght and Grauitie of my Cause hath greatly occasioned me to trouble you here long , (THROCKM-E1-H,I,76.C2.726) and therfore I minde not to intertain you here long with any prolixe Oration : (THROCKM-E1-H,I,76.C2.727) You perceyue notwithstanding this daye great Contention betwixt the Judges and the Queenes learned Counsayle on the one partie , and mee the poore and wofull Prisoner on the other partie . The Triall of our whole Controuersie , the Triall of my Innocencie , the Triall of my Lyfe , Landes , and Goodes , and the Destruction of my Posteritie for euer , doth rest in your good Judgements . (THROCKM-E1-H,I,76.C2.728) And albeit many this daye haue greatly inveyghed against me , the finall Determination thereof is transferred onely to you : (THROCKM-E1-H,I,76.C2.729) howe grieuous and horrible the shedding of Innocents Bloude is in the sight of Almightie God , I trust you doe remember . (THROCKM-E1-H,I,76.C2.730) Therefore take heede , I saye , for Christes sake , (THROCKM-E1-H,I,76.C2.731) do not defile your Consciences with such heynous and notable Crimes ; (THROCKM-E1-H,I,76.C2.732) they bee grieuouslye and terriblye punished , as in this Worlde and Vale of Miserie vpon the Childrens Children to the thirde and fourth Generation , and in the worlde to come with euerlasting Fire and Damnation . (THROCKM-E1-H,I,76.C2.733) Lift up your Minds to God , (THROCKM-E1-H,I,76.C2.734) and care not too muche for the Worlde ; (THROCKM-E1-H,I,76.C2.735) looke not backe to the Fleshpots of Egypte , whiche will allure you from heauenly Respectes to worldlye Securitie , and can thereof neyther make you anye Suretie . (THROCKM-E1-H,I,76.C2.736) Beleeue , I pray you , the Queene and hir Magistrates be more delighted with favourable Equitie , than with rashe Crueltie ; (THROCKM-E1-H,I,76.C2.737) and in that you be al Citizens , I will take my leaue of you with S. Paules farewell to the Ephesians , (THROCKM-E1-H,I,77.C1.738) Citizens also you be , whome he tooke to recorde that he was pure from shedding any Bloude ; (THROCKM-E1-H,I,77.C1.739) a special Token , a Doctrine left for your Instruction , that euerye of you may washe his Handes of Innocents Bloudeshedde , when you shall take your leaue of this wretched Worlde ; (THROCKM-E1-H,I,77.C1.740) the Holy Ghost be amongst you . (THROCKM-E1-H,I,77.C1.741) Sendall . Come hither , Sergeaunt , (THROCKM-E1-H,I,77.C1.742) take the Jurye with you , (THROCKM-E1-H,I,77.C1.743) and suffer no Man to come at them , but to be order'd as the Lawe appointeth , vntill they be agreed vpon their Verdit . (THROCKM-E1-H,I,77.C1.744) 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 . (THROCKM-E1-H,I,77.C1.745) Upon the Prisoners Suite on this behalfe , the Benche gaue Order , that two Sergeauntes were sworne to suffer no Man to repaire to the Jurie , vntill they were agreed . (THROCKM-E1-H,I,77.C1.746) Then the Prisoner was by Commandement of the Benche withdrawne from the Barre , and the Court adjourned vntill three of the Clocke at Afternoone ; at whiche houre the Commissioners returned to the Guildehall , and there did tarrie vntill the Jurie were agreed vpon the Verdit . (THROCKM-E1-H,I,77.C1.747) And aboute five of the Clocke , their Agreement being aduertised to the Commissioners , the sayde Prisoner , Sir Nicholas Throckmorton , was again brought to the Barre , where also the Jurie did repaire ; (THROCKM-E1-H,I,77.C1.748) and being demaunded whether they were agreed vpon their Verdit , aunswered vniuersally with one Voyce , Yea . (THROCKM-E1-H,I,77.C1.749) Then it was asked , who shoulde speake for them ; (THROCKM-E1-H,I,77.C1.750) they aunswered , Whetston the Foreman . (THROCKM-E1-H,I,77.C1.751) Sendall . Nicholas Throckmorton Knight , holde vp thy Hande . (THROCKM-E1-H,I,77.C1.752) Then the Prisoner did so uppon the Summons . (THROCKM-E1-H,I,77.C1.753) Sendall . You that bee of the Jurie , looke vppon the Prisoner . (THROCKM-E1-H,I,77.C1.754) The Jurie did as they were enjoyned . (THROCKM-E1-H,I,77.C1.755) Sendall . Howe saye you , (THROCKM-E1-H,I,77.C1.756) 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 ? (THROCKM-E1-H,I,77.C1.757) Whetston . No . (THROCKM-E1-H,I,77.C1.758) Sendall . How say you , (THROCKM-E1-H,I,77.C1.759) did he flie upon them ? (THROCKM-E1-H,I,77.C1.760) Whetston . No , we finde no such thing . (THROCKM-E1-H,I,77.C1.761) Throckmorton . I hadde forgot to aunswere that Question before ; (THROCKM-E1-H,I,77.C1.762) but you haue founde according to Truth : (THROCKM-E1-H,I,77.C1.763) And for the better Warrantie of your Dooings , vnderstande that I came to London , and so to the Queenes Counsell vnbroughte , when I vnderstoode they demaunded for me ; (THROCKM-E1-H,I,77.C1.764) and yet I was almoste an hundred miles hence , where if I had not presumed vppon my Truthe , I coulde haue withdrawen my selfe from catching . (THROCKM-E1-H,I,77.C1.765) Bromley . How saye you the reste of ye , (THROCKM-E1-H,I,77.C1.766) is Whetston's Verdict all your Verdicts ? (THROCKM-E1-H,I,77.C1.767) The whole Inquest aunswered yea . (THROCKM-E1-H,I,77.C1.768) Bromley . Remember youre selues better , (THROCKM-E1-H,I,77.C1.769) haue you considered substantially the whole Euidence in sorte as it was declared and recited ? (THROCKM-E1-H,I,77.C1.770) the Matter dothe touche the Queenes Highnesse , and your selves also , (THROCKM-E1-H,I,77.C1.771) take good heede what you doe . (THROCKM-E1-H,I,77.C1.772) Whetston . My Lorde , wee haue throughly considered the Euidence laide agaynste the Prisoner , and his Aunsweres to all these Matters , and accordingly wee haue founde him not guiltie , agreeable to all our Consciences . (THROCKM-E1-H,I,77.C2.773) Bromely . If you haue done well , it is the better for you . (THROCKM-E1-H,I,77.C2.774) Throckmorton . It is better to be tried , than to liue suspected : (THROCKM-E1-H,I,77.C2.775) Blessed be the Lord God of Israell , (THROCKM-E1-H,I,77.C2.776) for he hath visited and redeemed his People , (THROCKM-E1-H,I,77.C2.777) and hathe raised vp a mightie Saluation for vs in the House of his Seruaunte Dauid . (THROCKM-E1-H,I,77.C2.778) And it maye please you my Lorde Chiefe Justice , forasmuche as I haue ben indited and arrained of sundry Treasons , and haue according to the Lawe put my Triall to God and my Countrey , that is to say , to these honest Men whiche haue founde me not giltie ; I humbly beseeche you to giue me such Benefite , Acquitall , and Judgement , as the Lawe in this Case doth appointe . (THROCKM-E1-H,I,77.C2.779) When the Prisoner had saide these wordes , the Commissioners consulted togither . (THROCKM-E1-H,I,77.C2.780) Throckmorton . Maye it please you my Lorde Chiefe Justice , to pronounce Sentence for my Discharge . (THROCKM-E1-H,I,77.C2.781) 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 . (THROCKM-E1-H,I,77.C2.782) Notwithstandyng , Mayster Lieutenant , take hym with you agayne , (THROCKM-E1-H,I,77.C2.783) for there are other Matters to charge hym with . (THROCKM-E1-H,I,77.C2.784) 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 , (THROCKM-E1-H,I,77.C2.785) and I very vnable to consider the Gravitie therof ; a Matter impertinent for me a private Person to talke of , which did appertain to hir Highnesse Privy Counsel to haue in Deliberation : (THROCKM-E1-H,I,77.C2.786) and if it shall please hir Highnesse of hir bountifull Liberalite , to remitte my former Ouersightes , I shall thinke my selfe happye for Triall of the Daunger that I haue this daye escaped , (THROCKM-E1-H,I,77.C2.787) and may thereby admonishe mee to eschewe thinges aboue my reache , and also to instructe mee to deale with matters agreeable to my Vocation ; (THROCKM-E1-H,I,77.C2.788) and God saue the Queenes Majestie , (THROCKM-E1-H,I,77.C2.789) and graunte the same long to raigne ouer us , (THROCKM-E1-H,I,77.C2.790) and the same Lorde be praised for you the Magistrates , beefore whom I haue hadde my Triall this daye indifferentlye by the Lawe , (THROCKM-E1-H,I,77.C2.791) and you haue proceeded with mee accordinglye , (THROCKM-E1-H,I,77.C2.792) and the Grace of God bee amongst you now and euer . (THROCKM-E1-H,I,77.C2.793) There was no Aunswere made by any of the Benche to the Prisoners Sute , (THROCKM-E1-H,I,77.C2.794) but the Attorney did speake these wordes : (THROCKM-E1-H,I,77.C2.795) 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 in a Recognizance of fiue hundrethe Pounde apeece , to aunswere to such Matters as they shall be charged with in the Queenes behalfe , whensoeuer they shall be charged or called . (THROCKM-E1-H,I,78.C1.796) Whetston . I praye you , my Lordes , be good vnto vs , (THROCKM-E1-H,I,78.C1.797) and lette vs not bee molested for dischargyng our Consciences truelye ; (THROCKM-E1-H,I,78.C1.798) we bee poore Marchant-men , (THROCKM-E1-H,I,78.C1.799) and haue great Chardge vpon our hands , (THROCKM-E1-H,I,78.C2.800) and our Lyuynges doe depende vppon our Trauailes ; (THROCKM-E1-H,I,78.C2.801) therefore it maye please you to appoynte vs a certaine Daye for oure Appearance , bycause perhappes else some of vs maye bee in forreigne Partes aboute our Businesse . (THROCKM-E1-H,I,78.C2.802) The Court being dissatisfy'd with the Verdict , committed the Jury to Prison . (THROCKM-E1-H,I,78.C2.803)