22.1. The order of the arreignement of sir Nicholas Throckmorton knight, in t [...]e Guildhall of London the seuenteenth daie of Aprill 1554, expressed in a dialog for the better vnderstan|ding of euerie mans part.

The order of the arreignement of sir Nicholas Throckmorton knight, in t [...]e Guildhall of London the seuenteenth daie of Aprill 1554, expressed in a dialog for the better vnderstan|ding of euerie mans part.

Compare 1577 edition: 1 2 _SIr Thomas White knight lord maior of London, the earle of Shrewesburie,The names of the com|missioners. the earle of Derbie, sir Thomas Bromleie knight lord chiefe iustice of England, sir Nicholas Hare knight master of the rolles, sir Francis Englefield knight master of the court of wards and liberties, sir Richard Southwell knight one of the priuie councell, sir Edward Walgraue knight one of the priuie councell, sir Roger Cholme|leie knight, sir William Portman knight one of the iustices of the Kings bench, sir Edward San|ders knight one of the iustices of the common plees; master Stanford & master Dier sergeants,The quéenes learned coun|sell gaue eui|dence against the prisoner. master Edward Griffin attournie generall, master Sen|dall and Peter Tithbourne clearks of the crowne. First, after proclamation made, and the commission read, the lieutenant of the tower, master Thomas Bridges, brought the prisoner to the barre: then si|lence was commanded, and Sendall said to the priso|ner EEBO page image 1105 as followeth.

Compare 1577 edition: 1 Sendall.Nicholas Throckmorton knight hold vp thy hand, thou art before this time indicted of high treason, &c: that thou then and there didst falselie and traitorous|lie, &c: conspire and imagine the death of the quéenes maiestie, &c: and falselie and traitorouslie diddest le|uie warre against the quéene within hir realme, &c: and also thou wast adherent to the quéenes enimies within hir realme, giuing to them aid and comfort, &c: and also falselie and traitorouslie diddest conspire and intend to depose and depriue the quéene of hir roi|all estate, and so finallie destroie hir, &c: and also thou diddest falselie and traitorouslie deuise and conclude to take violentlie the tower of London, &c. Ofall which treasons and euerie of them in maner & forme, &c: art thou giltie or not giltie?

Compare 1577 edition: 1 Throckmor|ton.Maie it please you my lords and maisters, which be authorised by the queenes commission to be iud|ges this daie, to giue me leaue to speake a few words, which dooth both concerne you and me, before I answer to the indictement, and not altogither im|pertinent to the matter, and then plead to the indict|ment.

Compare 1577 edition: 1 Bromleie.No, the order is not so, you must first plead whe|ther you be giltie or no.

Compare 1577 edition: 1 Throckmor|ton.If that be your order and law, iudge accordinglie to it.

Compare 1577 edition: 1 Hare.You must first answer to the matter wherewith you are charged, and then you maie talke at your pleasure.

Compare 1577 edition: 1 Throckmor|ton.But things spoken out of place, were as good not spoken.

Compare 1577 edition: 1 Bromleie.These be but delaies to spend time, therefore an|swer as the law willeth you.

Compare 1577 edition: 1 Throckmor|ton.My lords I praie you make not too much hast with me, neither thinke not long for your dinner, for my case requireth leasure, and you haue well dined when you haue doone iustice trulie. Christ said, Blessed are they that hunger and thirst for righteousnesse.

Compare 1577 edition: 1 Bromleie.I can forbeare my dinner as well as you, and care as little as you peraduenture.

Compare 1577 edition: 1 Shrewesbu|rie.Come you hither to checke vs Throckmorton? We will not be so vsed, no no, I for mine owne part haue forborne my breakefast, dinner, and supper to serue the queene.

Compare 1577 edition: 1 Throckmor|ton.Yea my good lord I know it right well, I meant not to touch your lordship, for your seruice and pains is euidentlie knowne to all men.

Compare 1577 edition: 1 Southwell.Master Throckmorton, this talke néedeth not, we know what we haue to doo, and you would teach vs our duties, you hurt your matter: go to, go to.

Compare 1577 edition: 1 Throckmor|ton.Master Southwell, you mistake me, I meant not to teach you, nor none of you, but to remember you of that I trust you all be well instructed in; and so I satisfie my selfe, sith I shall not speake, thinking you all know what you haue to doo, or ought to know: so I will answer to the indictement, and doo plead not giltie to the whole, and to euerie part thereof.

Sendall.How wilt thou be tried?

Compare 1577 edition: 1 Throckmor|ton.Shall I be tried as I would, or as I should?

Compare 1577 edition: 1 You shall be tried as the law will, and therefore you must saie by God and by the countrie.Bromleie.

Compare 1577 edition: 1 Is that your law for me? It is not as I would, but sith you will haue it so,Throckmor|ton. I am pleased with it, and doo desire to be tried by faithfull iust men, which more feare God than the world.

The names of the iurors.

Compare 1577 edition: 1
• Then the iu|rie was cal|led.Lucar.
• Yoong.
• Martin.
• Beswike.
• Barscarfeld.
• Kightleie.
• Low.
• Whetston.
• Painter.
• Banks.
• Calthrop.
• Cater.

Compare 1577 edition: 1 What time the atturnie went foorthwith to master Cholmeleie, and shewed him the shiriffes returne, who being acquainted with the citizens, knowing the corruptions and dexterities of them in such cases, noted certeine to be challenged for the quéene (a rare case) and the same men being knowne to be suffici|ent and indifferent, that no exceptions were to be ta|ken to them, but onelie for their vpright honesties: notwithstanding, the atturnie prompting sergeant Dier, the said sergeant challenged one Bacon, and an other citizen peremptorilie for the quéene. Then the prisoner demanded the cause of the chalenge? The sergeant answered; We néed not to shew you the cause of the chalenge for the qu [...]ene. Then the inquest was furnished with other honest men, that is to saie, Whetston & Lucar, so the prisoner vsed these words.

Compare 1577 edition: 1 2 3 I trust you haue not prouided for me this daie,Throckmor|ton. as in times past I knew an other gentleman occupi|eng this wofull place was prouided for. It chanced one of the iustices vpon gelousie of the prisoners ac|quitall, for the goodnesse of his cause, said to an other of his companions a iustice, when the iurie did ap|peare: I like not this iurie for our purpose, they séeme to be too pitifull and too charitable to condemne the prisoner. No no, said the other iudge (to wit Cholmeleie) I warrant you, they be picked fellowes for the nonce, he shall drinke of the same cup his fel|lowes haue doone. I was then a looker on of the pa|geant as others be now here: but now wo is me, I am a plaier in that wofull tragedie. Well, for these and such other like the blacke oxe hath of late troden on some of their féet: but my trust is, I shall not be so vsed. Whilest this talke was, Cholmeleie consul|ted with the atturnie about the iurie, which the priso|ner espied, and then said as here insueth; Ah ah ma|ster Cholmeleie, will this foule packing neuer be left?

Compare 1577 edition: 1 Whie what doo I, I praie you M. Throckmorton?Cholmeleie. I did nothing I am sure, you doo picke quarrels to me.

Compare 1577 edition: 1 Well maister Cholmeleie if you doo well,Throckmor|ton. it is bet|ter for you, God helpe you.

Compare 1577 edition: 1 [The iurie then was sworne, and proclamation made, that whosoeuer would giue euidence against sir Nicholas Throckmorton knight, should come in and be heard, for the prisoner stood vpon his deliue|rance, where vpon sergeant Stanford presented him|selfe to speake.]

Compare 1577 edition: 1 And it may please you master sergeant and the o|thers my masters of the quéenes learned councell,Throckmor|ton. like as I was minded to haue said a few words to the commissioners, if I might haue had leaue for their better remembrance of their duties in this place of iustice, and concerning direct indifferencie to be vsed towards me this daie: so by your patience I doo thinke good to saie some what to you, and to the rest of the quéenes learned councell, appointed to giue euidence against me. And albeit you and the rest by order be appointed to giue euidence against me, and interteined to set foorth the depositions and matter against me; yet I praie you remember I am not alienate from you, but that I am your christian brother; neither you so charged, but you ought to con|sider equitie; nor yet so priuileged, but that you haue a dutie of God appointed you how you shall doo your office; which if you excéed, will be gréeuouslie required at your hands. It is lawfull for you to vse your gifts which I know God hath largelie giuen you, as your learning, art, and eloquence, so as thereby you doo not seduce the minds of the simple and vnlearned iurie, to credit matters otherwise than they be. For ma|ster sergeant, I know how by persuasions, inforce|ments, presumptions, applieng, implieng, inferring, coniecturing, deducing of arguments, wresting and EEBO page image 1106 excéeding the law, the circumstances, the depositi|ons and confessions that vnlearned men may be in|chanted to thinke and iudge those that be things in|different, or at the woorst but ouersights to be great treasons; such power orators haue, & such ignorance the vnlearned haue. Almightie God by the mouth of his prophet dooth conclude such aduocates be curssed, speaking these words: Curssed be he that dooth his office craftilie, corruptlie, and maliciouslie. And con|sider 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 iustices excuse alwaies such erronious dooings, when they be after called in question by the verdict of the twelue men: but I assure you, the purgation ser|ueth you as it did Pilat, and you wash your hands of the bloudshed, as Pilat did of Christs. And now to your matter.

Compare 1577 edition: 1 S [...]anford.And it please you my lords, I doubt not to prooue euidentlie and manifestlie, that Throckmorton is worthilie and rightlie indicted and arreigned of these treasons, and that he was a principall deuiser, procu|rer, and contriuer of the late rebellion; and that Wi|at was but his minister. How saie you Throckmor|ton, did not you send Winter to Wiat into Kent, and did deuise that the tower of London should be taken, with other instructions concerning Wiats sturre and rebellion?

Compare 1577 edition: 1 Throckmor|t [...]n.Maie it please you that I shall answer particu|larlie to the matters obiected against me, in asmuch as my memorie is not good, and the same much de|caied since my gréeuous imprisonment, with want of sleepe, and other disquietnesse: I confesse I did saie to Winter that Wiat was desirous to speake with him, as I vnderstood.

Compare 1577 edition: 1 Stanford.Yea sir, and you deuised togither of the taking of the tower of London, and of the other great trea|sons.

Throckmor|ton.No, I did not so, prooue it.

Compare 1577 edition: 1 Yes sir, you met with Winter sundrie times as shall appeare,Stanford. and in sundrie places.

Compare 1577 edition: 1 That granted, prooueth no such matter as is suppo|sed in the indictment.Throckmor|ton.

Compare 1577 edition: 1 2 3 Winters con|fession read by Stanford.Stanford read Winters confession, which was of this effect, that Throckmorton met with Winter one daie in tower stréet, and told him, that sir Tho|mas Wiat was desirous to speake with him, and Winter demanded where Wiat was, Throckmor|ton answered at his house in Kent, not farre from Gillingham, as I heard saie, where the ships lie. Then they parted at that time, and shortlie after, Throckmorton met with Winter, vnto whome Winter said; Master Wiat dooth much mislike the comming of the Spaniards into this realme, and feareth their short arriuall héere, in as much as dai|lie he heareth thereof, dooth sée dailie diuerse of them arriue here, scattered like souldiors; and therefore he thinketh good the tower of London should be taken by a sleight, before the prince came, least that péece be deliuered to the Spaniards. How saie you Throck|morton to it? Throckmorton answered; I mislike it for diuerse respects. Euen so doo I said Winter. At another time Throckmorton met me the said Win|ter in Paules, when he had sent one to my house, to seeke me before, and he said to me; You are admerall of the fleet that now goeth into Spaine. I answered Yea. Throckmorton said, When will your ships be redie? I said within ten daies. Throckmorton said, I vnderstand you are appointed to conduct and carrie the lord priuie seale into Spaine, and considering the danger of the Frenchmen, which you saie arme them to the sea apace, me thinke it well doone, you put my said lord and his traine on land in the west countrie to auoid all dangers. Throckmorton said also, that Wiat changed his purpose for taking the tower of London. I said I was glad of it, & as for the French|men, I care not much for them, I will so handle the matter, that the quéenes ships shall be (I warrant you) in safegard. Another time I met with master Throckmorton, when I came from the emperours ambassadors, vnto whome I declared, that the empe|rour had sent me a faire chaine, and shewed it vnto Throckmorton, who said; For this chaine you haue sold your countrie. I said it is neither French king nor emperour that can make me sell my countrie, but I will be a true Englishman. Then they parted. This is the summe of the talke betwixt Throck|morton and Winter.

Compare 1577 edition: 1 Now my masters of the iurie,Stanford. you haue heard my saiengs confirmed with Winters confession. How saie you Throckmorton, can you denie this, if you will, you shall haue Winter iustifie it to your face.

My lords, shall it please you that I shall answer.Throckmor|ton.

Yea, saie your mind.Bromleie.

Compare 1577 edition: 1 I may trulie denie some part of this confession,Throckmor|ton. but bicause there is nothing materiall greatlie, I suppose the whole be true, and what is herein deposed, sufficient to bring me within the compasse of the in|dictment?

Compare 1577 edition: 1 It appeareth that you were of counsell with Wi|at, in as much as you sent Winter downe to him,Stanford. who vttered vnto him diuerse traitorous deuises.

Compare 1577 edition: 1 This is but coniecturall,Throckmor|ton. yet sith you will construe it so maliciouslie, I will recompt how I sent Winter to Wiat, and then I praie you of the iurie iudge better than master sergeant dooth. I met by chance a seruant of master Wiats, who demanded of me for Winter, and shewed me, that his master would gladlie speake with him: and so without anie further declaration, desired me if I met Winter to tell him master Wiats mind, and where he was. Thus much for the sending downe of Winter.

Compare 1577 edition: 1 Yea sir,Attourne [...]e. but how saie you to the taking of the tow|er of London, which is treason?

Compare 1577 edition: 1 I answer,Throckmor|ton. though Wiat thought méet to attempt so dangerous an enterprise, and that Winter infor|med me of it, you cannot extend Wiats deuises to be mine, and to bring me within the compasse of treason. For what maner of resoning or proofe is this, Wiat would haue taken the tower, Ergo Throck|morton is a traitor? Winter dooth make my purga|tion in his owne confession, euen now red as it was by master sergeant, though I saie nothing: for Win|ter dooth auow there, that I did much mislike it. And bicause you shall the better vnderstand that I did al|waies not alow these master Wiats deuises, I had these words to Winter, when he informed me of it; I thinke master Wiat would no Englishman hurt and this enterprise cannot be doone without the hurt and slaughter of both parties. For I know him that hath the charge of the peece, & his brother, both men of good seruice, the one had in charge a péece of great importance, Bullongne I meane, which was stoutlie assailed, & notwithstanding he made a good accompt of it for his time: the like I am sure he will doo by this his charge. Moreouer, to accompt the taking of the tower, is verie dangerous by the law. These were my words to Winter. And besides, it is verie vnlike that I of all men would confederate in such a matter against the lieutenant of the tower, whose daughter my brother hath married, and his house and mine alied togither by mariage sundrie times within these few yeares.

Compare 1577 edition: 1 But how saie you to this,Hare. that Wiat and you had conference togither sundrie times at Warners house, and in other places?

Compare 1577 edition: 1 This is a verie generall charge to haue conference,Throckmor|ton. but whie was it not as lawfull for me to confer with EEBO page image 1107 Wiat as with you, or anie other man? I then knew no more by Wiat, than by anie other. And to prooue to talke with Wiat was lawfull and indifferent, the last daie that I did talke with Wiat, I saw my lord of Arundell, with other noble men and gentlemen, talke with him familiarlie in the chamber of pre|sence.

Compare 1577 edition: 1 But they did not conspire nor talke of anie sturre against the Spaniards as you did pretend,Hare. & meant it against the quéene, for you, Crofts, Rogers, and Warner did oftentimes deuise in Warners house about your traitorous purposes, or else what did you so often there?

Compare 1577 edition: 1 Throckmor|ton.I confesse I did mislike the quéenes mariage with Spaine, and also the comming of the Spaniards hi|ther, and then me thought I had reason to doo so: for I did learne the reasons of my misliking of you ma|ster Hare, master Southwell, and others in the par|lement house, there I did sée the whole consent of the realme against it; and I a hearer, but no speaker, did learne my misliking of those matters, confirmed by manie sundrie reasons amongst you: but as concer|ning anie sturre or vprore against the Spaniards, I neuer made anie, neither procured anie to be made; and for my much resort to master Warners house, it was not to conferre with master Wiat, but to shew my fréendship to my verie good lord the marquesse of Northampton, who was lodged there when he was inlarged.

Compare 1577 edition: 1 Stanford.Did not you Throckmorton tell Winter that Wiat had changed his mind for the taking of the tower, wherby it appeared euidentlie that you knew of his dooings?

Compare 1577 edition: 1 Throckmor|ton.Truelie I did not tell him so, but I care not great|lie to giue you that wepon to plaie you withall, now let vs see what you can make of it.

Compare 1577 edition: 1 Stanford.Yea sir, that prooueth that you were priuie to Wi|ats mind in all his deuises and treasons, & that there was sending betwixt you and Wiat from time to time.

Compare 1577 edition: 1 What master sergeant? Dooth this prooue against me,Throckmor|ton. that I knew Wiat did repent him of an euill de|uised enterprise? Is it to know Wiats repentance sinne? No, it is but a veniall sinne, if it be anie it is not deadlie. But where is the messenger or message that Wiat sent to me touching his alteration, and yet it was lawfull inough for me to heare from Wiat at that time, as from anie other man, for anie act that I knew he had doone.

Compare 1577 edition: 1 Dier.And it may please you my lords, and you my masters of the iurie, to prooue that Throckmorton is a principall dooer in this rebellion, there is yet ma|nie other things to be declared: among other, there is Crofts confession, who saith, that he and you, and your complices, did manie times deuise about the whole matters, and he made you priuie to all his de|terminations, and you shewed him that you would go into the west countrie with the earle of Deuon, to sir Peter Caroe, accompanied with others.

Compare 1577 edition: 1 Throckmor|ton.Master Crofts is yet liuing, and is heere this daie, how happeneth it he is not brought face to face to iustifie this matter, neither hath beene of all this time? Will you know the truth? Either he said not so, or he will not abide by it, but honestlie hath refor|med himselfe. And as for knowing his deuises, I was so well acquainted with them, that I can name none of them, nor you neither as matter knowne to me.

Compare 1577 edition: 1 But whie did you aduise Winter to land my lord priuie seale in the west countrie?Attourneie.

Compare 1577 edition: 1 Throckmor|ton.He that told you that my mind was to land him there, dooth partlie tell you a reason whie I said so, if you would remember as well the one as the other: but bicause you are so forgetfull, I will recite where|fore. In communication betwixt Winter and me, as he declared to me that the Spaniards prouided to bring their prince hither, so the Frenchmen prepa|red to interrupt his arriuall: for they began to arme to the sea, and had alreadie certeine ships on the west coast (as he hard.) Unto whom I said, that peraduen|ture not onelie the quéenes ships vnder his charge might be in ieopardie, but also my lord priuie seale, and all his traine; the Frenchmen being well prepa|red to méet with them, and therefore for all euents it were good you should put my said lord in the west countrie in case you espie anie ieopardie. But what dooth this prooue to the treasons, if I were not able to giue conuenient reasons to my talke?

Compare 1577 edition: 1 Marie sir now commeth the proofes of your trea|sons,Stanford. you shall heare what Cutbert Uaughan saith against you.

Compare 1577 edition: 1 Then sergeant Stanford did read Uaughans confession, tending to this effect.Uaughans confession was read by Stanford. That Uaughan comming out of Kent, met with Throckmorton at master Warners house, who after he had doone com|mendations from Wiat to him, desired to know where Crofts was. Throckmorton answered, either at Arundell house where he lodgeth, or in Paules. Then Uaughan desired to know how things went at London, saieng; Master Wiat & we of Kent doo much mislike the marriage with Spaine, and the comming of the Spaniards for diuerse respects: howbeit, if other countries mislike them as Kent dooth, they shall be but hardlie welcome, and so they parted. Shortlie after Throckmorton met with Uaughan in Paules, vnto whome Throckmorton declared with sundrie circumstances, that the We|sterne men were in a readinesse to come forwards, and that sir Peter Caroe had sent vnto him euen now, and that he had in order a good band of horsse|men, and an other of footmen. Then Uaughan de|manded what the earle of Deuonshire would doo? Throckmorton answered he will mar all, for he will not go hence, and yet sir Peter Caroe would méet him with a band, both of horssemen and footmen, by the waie at Andeuer for his safegard, and also he should haue béene well accompanied from hence with other gentlemen, yet all this will not mooue him to depart hence. Moreouer, the said erle hath (as is said) discouered all the whole matter to the chancel|lor, or else it is come out by his tailor, about the trim|ming of a shirt of male, and the making of a cloke. At another time, Uaughan saith, Throckmorton shewed him that he had sent a post to sir Peter Ca|roe, to come forward with as much spéed as might be, and to bring his force with him. And also Throck|morton aduised Uaughan to will master Wiat to come forward with his power: for now was the time, in as much as the Londoners would take his part if the matter were presented to them. Uaugh|an said also, that Throckmorton & Warner should haue ridden with the said earle westward. Moreouer the said Uaughan deposed, that Throckmorton shewed him in talke of the earle of Penbroke, that the said earle would not fight against them, though he would not take their parts. Also Uaughan said, that Throckmorton shewed him that he would ride downe into Barkeshire to sir Francis Englefields house, there to méet his eldest brother, to mooue him to take his part. And this was the sum of Cutbert Uaughans confession.

Compare 1577 edition: 1 How saie you?Stanford. Dooth not here appeare euident matter to prooue you a principall, who not onelie gaue order to sir Peter Caroe and his adherents, for their rebellious acts in the west countrie, but also procured Wiat to make his rebellion, appointing him and the others also, when they should attempt their enterprise, and how they should order their doo|ings EEBO page image 1108 from time to time. Besides all this euident matter, you were speciallie appointed to go awaie with the earle of Deuon as one that would direct all things, and giue order to all men. And therefore Throckmorton sith this matter is so manifest, and the euidence so apparant, I would aduise you to confesse your fault, & submit your selfe to the quéenes mercie.

Bromleie. How saie you, will you confesse the matter, and it will be best for you?

Throckmorton. No, I will neuer accuse my selfe vniustlie, but in as much as I am come hither to be tried, I praie ye let me haue the law fauourablie.

Attourneie. It is apparant that you laie at London as a fac|tor, to giue intelligence as well to them in the west, as to Wiat in Kent.

Throckmorton. How prooue you that, or who dooth accuse me but this condemned man?

Atttourneie. Whie will you denie this matter? You shall haue Uaughan iustifie his whole confession here before your face.

Throckmorton. It shall not need , I know his vnshamfastnesse, he hath aduowed some of this vntrue talke before this time to my face, and it is not otherwise like, conside|ring the price, but he will doo the same againe.

Attourneie. My lord and masters, you shall haue Uaughan to iustifie this héere before you all, and confirme it with a booke oth.

Throckmorton. He that hath said and lied, will not being in this case sticke to sweare and lie.

Compare 1577 edition: 1 ¶Then was Cutbert Uaughan brought into the open court.]

Sendall. How saie you Cutbert Uaughan, is this your owne confession, and will you abide by all that is here written?

Vaughan. Let me sée it and I will tell you.

Compare 1577 edition: 1 ¶Then his confession was shewed him.]

Attourneie. Bicause you of the iurie the better may credit him, I praie you my lords let Uaughan be sworne.

Compare 1577 edition: 1 ¶ Then was Uaughan sworne on a booke to saie nothing but the truth.]

Vaughan. It may please you my lords and masters, I could haue béene well content to haue chose seauen yeares imprisonment, though I had béene a frée man in the law, rather than I would this daie haue giuen eui|dence against sir Nicholas Throckmorton; against whome I beare no displeasure: but sith I must needs confesse my knowledge, I must confesse all that is there written is true. How saie you master Throckmorton, was there anie displeasure betwéene you and me, to mooue me to saie aught against you?

Throckmorton. None that I know. How saie you Uaughan, what acquaintance was there betwéene you and me, and what leters of credit or token did you bring me from Wiat, or anie other, to mooue me to trust you?

Vaughan. As for acquaintance, I knew you as I did other gentlemen: and as for letters, I brought you none other but commendations from master Wiat, as I did to diuerse other of his acquaintance at London.

Throckmorton. You might as well forge the commendations as the rest: but if you haue doone with Uaughan my lords, I praie you giue me leaue to answer.

Bromleie. Speake and be short.

Throckmorton. I speake generallie to all that be here present, but speciallie to you of my iurie, touching the credit of Uaughans depositions against me, a condemned man, and after to the matter: and note I praie you the circumstances, as somewhat materiall to induce the better. First I praie you remember the small fa|miliaritie betwixt Uaughan and me, as he hath ad|uowed before you, and moreouer, to procure credit at my hand, brought neither letter nor token from Wiat, nor from anie other to me, which he also hath confessed here: and I will suppose Uaughan to be in as good condition as anie other man here, that is to saie, an vncondemned man: yet I referre it to your good iudgement, whether it were like that I, know|ing onelie Uaughans person from an other man, and hauing none other acquaintance with him, would so frankelie discouer my mind to him in so dangerous a matter. How like (I saie) is this, when diuerse of these gentlemen now in captiuitie, being my verie familiars, could not depose anie such mat|ter against me, and neuerthelesse vpon their exami|nations haue said what they could? And though I be no wise man, I am not so rash as to vtter to an vn|knowne man (for so I may call him in comparison) a matter so dangerous for me to speake, and him to heare. But bicause my truth and his falshood shall the better appeare vnto you, I will declare his incon|stancie in vttering this his euidence. And for my bet|ter credit, it may please you master Southwell, I take you to witnesse, when Uaughan first iustified this his vniust accusation against me before the lord Paget, the lord Chamberleine, you master South|well, and others, he referred the confirmation of this his surmised matter, to a letter sent from him to sir Thomas Wiat, which letter dooth neither appeare, nor anie testimonie of the said master Wiat against me touching the matter: for I doubt not sir Thomas Wiat hath béen examined of me, and hath said what he could directlie or indirectlie. Also Uaughan saith, that yoong Edward Wiat could confirme this mat|ter, as one that knew this pretended discourse be|twixt Uaughan and me, and therevpon I made sute that Edward Wiat might either be brought face to face to me, or otherwise be examined.

Compare 1577 edition: 1 Master Throckmorton you mistake your matter,Southwell for Uaughan said, that Edward Wiat did know some part of the matter, and also was priuie of the letter that Uaughan sent sir Thomas Wiat.

Compare 1577 edition: 1 Yea sir, that was Uaughans last shift,Throckmor|ton. when I charged him before the master of the horsse and you, with his former allegations touching his witnesse, whome when he espied would not doo so lewdlie as he thought, then he vsed this alteration. But where be Edward Wiats depositions of anie thing a|gainst me? Now it appeareth neither his first nor his last tale to be true. For you know master Bridges, and so dooth my lord your brother, that I desired twice or thrice Edward Wiat should be examined, and I am sure, and most assured he hath béene willed to saie what he could, and here is nothing deposed by him against me, either touching anie letter or other conference. Or where is Uaughans letter sent by sir Thomas Wiat concerning my talke?

Compare 1577 edition: 1 But now I will speake of Uaughans present e|state in that he is a condemned man, whose testimo|nie is nothing worth by anie law. And bicause false witnesse is mentioned in the gospell, treating of ac|cusation, hearke I praie you what S. Ierome saith, expounding that place. It is demanded whie Christs accusers be called false witnesses, which did report Christs words not as he spake them. They be false witnesses saith S. Ierome, which doo ad, alter, wrest, double, or doo speake for hope to auoid death, or for malice to procure another mans death: for all men maie easilie gather he cannot speake truelie of me, or in the case of another mans life, where he hath hope of his owne by accusation. Thus much speaketh S. Ierome of false witnesse. By the ciuill law there be manie exceptions to be taken against such testimo|nies: but bicause we be not gouerned by that law, neither haue I my triall by it, it shall be superfluous to trouble you therewith, & therefore you shall heare what your owne law dooth saie. There was a statute made in my late souereigne lord & master his time, touching accusation, and these be the words.

Compare 1577 edition: 1 Be it enacted, that no person nor persons, &c: shalbe EEBO page image 1109 indicted, arreigned, condemned, or conuicted for anie offense of treason, petit treason, misprision of treson, for which the same offendor shall suffer anie pains of death, imprisonment, losse or forfeiture of his goods, lands, &c: vnlesse the same offendor be accused by two sufficient & lawfull witnesses, or shall willinglie without violence confesse the same. And also in the sixt yeare of his reigne, it is thus ratified as insueth.

Compare 1577 edition: 1 That no person nor persons shall be indicted, ar|reigned, condemned, conuicted or attainted of the treasons or offenses aforesaid, or for anie other trea|sons that now be, or hereafter shall be; vnlesse the same offendor or offendors be therof accused by two lawfull and sufficient accusers, which at the time of the arreignement of the parties so accused (if they be then liuing) shall be brought in person before the said partie accused, and auow and mainteine that they haue to saie against the said partie, to prooue him gil|tie of the treasons or offense conteined in the bill of indictment laid against the partie arreigned, vnlesse the said partie arreigned shall be willing without vi|olence to confesse the same. Here note (I praie you) that our law dooth require two lawfull and sufficient accusers to be brought face to face, and Uaughan is but one, and the same most vnlawfull and insuffici|ent. For who can be more vnlawfull and insufficient, than a condemned man, and such one as knoweth to accuse me is the meane to saue his owne life? Re|member (I praie you) how long & how manie times Uaughans execution hath béene respited, and how often he hath béene coniured to accuse (which by Gods grace he withstood vntill the last houre) what time perceiuing there was no waie to liue, but to speake against me or some other (his former grace being taken awaie) did redéeme his life most vniust|lie and shamefu [...]ie, as you sée.

Compare 1577 edition: 1 Hare.Why should [...]e accuse you more than anie other, séeing there was no displeasure betwixt you, if the matter had not béene true?

Compare 1577 edition: 1 Throckmor|ton.Bicause he must either speake of some man, or suffer death, and then he did rather choose to hurt him whom he least knew, & so loued least, than anie other well knowen to him, whome he loued most. But to you of my iurie I speake speciallie, and therefore I praie you note what I saie. In a matter of lesse weight than triall of life and land, a man maie by the law take exceptions to such as be impaneled, to trie the controuersies betwixt the parties: as for exam|ple. A man maie chalenge that the shiriffe is his eni|mie, and therfore hath made a parciall returne; or bi|cause one of the iurie is the shiriffe my aduersaries seruant: and also in case my aduersaries villen or bondman be impaneled, I may lawfullie chalenge him, bicause the aduersarie part hath power ouer his villens lands and goods, and hath the vse of his bodie for seruile office: much more I may of right take ex|ception to Uaughans testimonie, my life and all that I haue depending thervpon, and the same Uaughan being more bound to the quéenes highnesse my ad|uersarie (that wo is me therefore) but so the law dooth here so terme hir maiestie, than anie villen is to his lord: for hir highnesse hath not onlie power ouer his bodie, lands, and goods, but ouer his life also.

Compare 1577 edition: 1 Yea, the exception are to be taken against the iu|rie in that case,Stanford. but not against the witnesse or accu|ser, & therefore your argument serueth litle for you.

Compare 1577 edition: 1 Throckmor|ton.That is not so, for the vse of the iurie, and the wit|nesse and the effect of their dooings dooth serue me to my purpose, as the law shall discusse. And thus I make my comparison. By the ciuill law the iudge dooth giue sentence vpon the depositions of the wit|nesse, & by your law the iudge dooth giue iudgement vpon the verdict of the iurie; so as the effect is both one to finish the matter, triall in law, as well by the depositions of the witnesse, as by the iuries verdict, though they varie in forme and circumstance: and so Uaughans testimonie being credited, may be the materiall cause of my condemnation, as the iurie to be induced by his depositions to speake their verdict, and so finallie therevpon the iudge to giue sentence. Therefore I may vse the same exceptions against the iurie, or anie of them, as the principall meane that shall occasion my condemnation.

Compare 1577 edition: 1 Why doo you denie, that euerie part of Uaughans tale is vntrue?Bromleie.

Compare 1577 edition: 1 You may sée he will denie all,Attournie. and saie there was no such communication betwixt them.

Compare 1577 edition: 1 I confesse some part of Uaughans confession to be true, as the name, the places, the time,Throckmor|ton. and some part of the matter.

Compare 1577 edition: 1 So you of the iurie may perceive the prisoner dooth confesse some thing to be true.Attournie.

Compare 1577 edition: 1 As touching my sending to sir Peter Caroe,Throckmor|ton. or his sending to me, or concerning my aduise to mai|ster Wiat to stur or to repaire hither, or touching the earle of Deuonshire parting hence, and my going with him, and also concerning the matter of the erle of Penbroke, I doo aduow and saie that Uaughan hath said vntrulie.

Compare 1577 edition: 1 As for my lord of Penbroke,Southwell. you néed not excuse the matter, for he hath shewed himselfe cléere in these matters like a noble man, and that we all know.

Compare 1577 edition: 1 Why what was the talke betwixt Uaughan and you so long in Paules, if these were not so,Hare. and what meant your oft méetings?

Compare 1577 edition: 1 As for our often méetings,Throckmor|ton. they were of no set purpose, but by chance, & yet no oftener than twise. But sithence you would know what communicati|on passed betwixt vs in Paules church, I will de|clare. We talked of the incommodities of the mar|riage of the queene with the prince of Spaine, and how grieuous the Spaniards would be to vs here. Uaughan said, that it should be verie dangerous for anie man, that trulie professed the gospell to liue here, such was the Spaniards crueltie, and especial|lie against christian men. Wherevnto I answered it was the plague of God iustlie come vpon vs; and now almightie God dealt with vs as he did with the Israelites, taking from them for their vnthankeful|nesse their godlie kings, & did send tyrants to reigne ouer them. Euen so he handled vs Englishmen, which had a most godlie & vertuous prince to reigne ouer vs, my late souereigne lord and maister king Edward, vnder whome we might both safelie and lawfullie professe Gods word, which with our lewd dooings, demeanor, and liuing, we handled so irreue|rentlie, that to whip vs for our faults he would send vs strangers, yea such verie tyrants to exercise great tyrannie ouer vs, and did take awaie the ver|tuous and faithfull king from amongst vs: for eue|rie man of euerie estate did colour his naughtie af|fections with a pretense of religion, and made the gospell a stalking horsse to bring their euill desires to effect. This was the summe of our talke in Paules somewhat more dilated.

Compare 1577 edition: 1 That it may appéere yet more euidentlie how Throckmorton was a principall dooer and counsellor in this matter,Stanford. you shall heare his owne confession of his owne hand writing. ¶ The clearke began to read, Throckmorton desired maister Stanford to read it, and the iurie well to marke it. Then maister Stanford did read the prisoners owne confession to this effect: that Throckmorton had conference with Wiat, Caroe, Croftes, Rogers, and Warner, as well of the quéenes marriage with the prince of Spaine, as also of religion, and did particularlie con|fer with euerie the forenamed, of the matters afore|said. Moreouer, with sir Thomas Wiat the priso|ner EEBO page image 1110 talked of the brute that the Westerne men shuld much mislike the comming of the Spaniards into this realme, being reported also that they intended to interrupt their arriuall here. And also that it was said, that they were in consultation about the same at Excester. Wiat also did saie, that sir Peter Ca|roe could not bring the same matter to good effect, nor that there was any man so meet to bring it to good ef|fect, as the erle of Deuonshire, & speciallie in the west parts, insomuch as they drew not all by one line.

Compare 1577 edition: 1 Then Throckmorton asked how the Kentishmen were affected to the Spaniards? Wiat said; The peo|ple like them euill inough, and that appeered now at the comming of the countie of Egmount, for they were readie to stur against him and his traine, sup|posing it had bin the prince. But said Wiat, sir Ro|bert Southwell, maister Baker, and maister Moile, and their affinitie, which be in good credit in some pla|ces of the shire, will for other malicious respects hin|der the libertie of their countrie. Then Throckmor|ton should saie; Though I know there hath béene an vnkindnesse betwixt maister Southwell and you for a monie matter, wherein I trauelled to make you fréends, I doubt not, but in so honest a matter as this is, he will for the safegard of his countrie ioine with you, and so you may be sure of the lord Aburga|uennie & his force. Then Wiat said, It is for another matter than for monie that we disagree, wherein he hath handled me and others verie doublie & vnneigh|borlie; howbeit, he can doo no other, neither to me, nor to anie other man, & therefore I forgiue him. Item, with sir Peter Caroe, Throckmorton had confe|rence touching the impeachment of the landing of the said prince, and touching prouision of armour and munition as insueth, that is to saie, that sir Peter Caroe told Throckmorton that he trusted his coun|triemen would be true Englishmen, and would not agrée to let the Spaniards to gouerne them. Item, the said sir Peter Caroe said, the matter importing the French king, as it did, he thoght the French king would worke to hinder the Spaniards comming hi|ther, with whome the said sir Peter did thinke good to practise for armour, munition, and monie.

Compare 1577 edition: 1 Then Throckmorton did aduise him to beware that he brought anie Frenchmen into the realme force|ablie, inasmuch as he could as euill abide the French|men after that sort as the Spaniards. And also Throckmorton thought the French king vnable to giue aid to vs, by meanes of the great consumption in their owne warres. Maister Caroe said; As tou|ching the bringing in of the Frenchmen, he meant it not, for he loued neither partie, but to serue his owne countrie, and to helpe his countrie from bon|dage: declaring further to Throckmorton, that he had a small barke of his owne to worke his practise by, & so he said, that shortlie he intended to depart to his owne countrie, to vnderstand the deuotion of his countrimen. Item Throckmorton did saie, he would for his part hinder the cõming in of the Spaniards as much as he could by persuasion. Item to sir Ed|ward Warner, he had and did béemone his owne estate, and the tyrannie of the time extended vpon di|uerse honest persons for religion, and wished it were lawfull for all of ech religion to liue safelie acording to their conscience; for the law (Ex officio) will be intol|lerable, & the clergies discipline now maie rather be resembled to the Turks tyrannie, than to the tea|ching of christian religion. ¶This was the summe of the matter which was read in the foresaid confession, as maters most greeuous against the prisoner.] Then Throckmorton said; Sithence maister sergeant you haue read and gathered the place (as you thinke) that maketh most against me, I praie you take the pains, and read further, that hereafter whatsoeuer become of me, my words be not peruerted and abused to the hurt of some others, and especiallie against the great personages, of whom I haue béene sundrie times (as appeareth by my answers) examined, for I perceiue the net was not cast onelie for little fishes, but for the great ones, Iuxta adagium.

Compare 1577 edition: 1 It shall be but losse of time,Stanford. and we haue other things to charge you withall, and this that you desire dooth make nothing for you.

Compare 1577 edition: 1 And for the better confirmation of all the treasons obiected against the prisoner,Dier. and therein to prooue him guiltie, you of the iurie shall heare the duke of Suffolks depositions against him, who was a prin|cipall, and hath suffered accordinglie. ¶Then the said sergeant read the dukes confession touching the pri|soner, amounting to this effect, that the lord Thomas Greie did informe the said duke, that sir Nicholas Throckmorton was priuie to the whole deuises a|gainst the Spaniards, & was one that should go in|to the west countrie with the earle of Deuonshire.]

Compare 1577 edition: 1 But what dooth the principall authour of this mat|ter saie against me,Throckmor|ton. I meane the lord Thomas Greie who is yet liuing? Why be not his depositions broght against me, for so it ought to be, if he can saie anie thing? Will you know the truth? Neither the lord Thomas Greie hath said, can saie, or will saie anie thing against me, notwithstanding the duke his bro|thers confession and accusation, who hath affirmed manie other things besides the truth. I speake not without certeine knowledge: for the lord Thomas Greie being my prison-felow for a small time, infor|med me, that the duke his brother had misreported him in manie things, amongst others in matters touching me, which he had declared to you maister Southwell, and other the examinors not long ago. I am sure if the lord Thomas could, or would haue said anie thing, it should haue beene here now. And as to the dukes confession, it is not materiall: for he dooth referre the matter to the lord Thomas report, who hath made my purgation.

Compare 1577 edition: 1 And it please you my lords,The atturnie. and you my maisters of the iurie, besides these matters touching Wiats rebellion, sir Peter Caroes treasons and confede|rating with the duke of Suffolke, and besides the prisoners conspiracie with the earle of Deuonshire, with Crofts, Rogers, Warner, and sundrie others in sundrie places, it shall manifestlie appeare vnto you, that Throckmorton did conspire the quéenes maiesties death, with William Thomas, sir Nicho|las Arnold, and other traitors intending the same, which is the greatest matter of all others, and most to be abhorred. And for proofe hereof, you shall heare what Arnold saith. ¶ Then was sir Nicholas Ar|nolds confession read, saieng that Throckmorton shewed to him, riding betwixt Hinam and Crosse laund in Glocestershire, that Iohn Fitz Willi|ams was verie much displeased with William Thomas.

Compare 1577 edition: 1 William Thomas deuised,Attourneie. that Iohn Fitzwil|liams should kill the queene, and Throckmorton knew of it, as appeareth by Arnolds confession.

Compare 1577 edition: 1 First I denie that I said anie such thing to mai|ster Arnold, and though he be an honest man,Throckmor|ton. he may either forget himselfe, or deuise meanes how to vn|burthen himselfe of so weightie a matter as this is; for he is charged with the mater as principall. Which I did perceiue when he charged me with his tale, and therefore I doo blame him the lesse, that he seeketh how to discharge himselfe, vsing me as a witnesse, if he could so transferre the deuise to William Tho|mas. But trulie I neuer spake anie such words vnto him. And for my better declaration, I did see Iohn Fitzwilliams here euen now, who can testifie, that he neuer shewed me of any displesure betwixt them, EEBO page image 1111 and as I know nothing of the displeasure betwixt them, so I know nothing of the cause: I pray you my lords let him be called to depose in this matter what he can. Then Iohn Fitzwilliams drew to the barre, and presented himselfe to depose his knowledge in the matter in open court.

Compare 1577 edition: 1 The atturnie.I praie you my lords suffer him not to be sworne, neither to speake, we haue nothing to doo with him.

Compare 1577 edition: 1 Throckmor|ton.Why should he not be suffered to tell truth? And why be ye not so well contented to heare truth for me as vntruth against me?

Compare 1577 edition: 1 Hare.Who called you hither Fitzwilliams, or com|manded you to speake? You are a verie busie officer.

Compare 1577 edition: 1 Throckmor|ton.I called him, and doo humblie desire that he maie speake, and be heard as well as Uaughan; or else I am not indifferentlie vsed, especiallie séeing maister attourneie dooth so presse this matter against me.

Compare 1577 edition: 1 2 Southwell.Go your waies Fitzwilliams, the court hath no|thing to doo with you: peraduenture you would not be so readie in a good cause. Then Iohn Fitzwilli|ams departed the court, and was not suffered to speake.

Compare 1577 edition: 1 Sithence this gentlemans declaration may not be be admitted,Throckmor|ton. I trust you of the iurie can perceiue, it was not for anie thing he had to saie against me, but contrariwise that it was feared he would speake for me. And now to maister Arnolds depositions a|gainst me, I saie I did not tell him anie such words, so as if it were materiall, there is but his yea and my naie. But bicause the words be not sore strained a|gainst me, I praie you maister atturneie why might not I haue told maister Arnold, that Iohn Fitzwil|liams was angrie with William Thomas, and yet know no cause of the anger? It might be vnderstand, to disagrée oftentimes. Who dooth confesse that I know anie thing of William Thomas deuise tou|ching the quéenes death? I will answer, No man. For maister Arnold dooth mention no word of that matter, but of the displeasures betwixt them. And to speake that, dooth neither proue treason, nor know|ledge of treason. Is here all the euidence against me that you haue to bring me within the compasse of the indictment?

Compare 1577 edition: 1 Stanford.Me thinke the matters confessed by others a|gainst you, togither with your owne confession, will weie shrewdlie. But how saie you to the rising in Kent, and to Wiats attempt against the quéens roi|all person at hir palace?

Compare 1577 edition: 1 Why doo you not read Wiats accusation to him, which dooth make him partener to his treasons?Bromleie.

Compare 1577 edition: 1 Wiat hath gréeuouslie accused you, and in manie things that others haue confirmed.Southwell.

Compare 1577 edition: 1 Whatsoeuer Wiat hath said of me in hope of his life,Throckmor|ton. he vnsaid it at his death. For since I came into this hall, I heard one saie (but I know him not) that Wiat vpon the scaffold did not onelie purge my la|die Elizabeth hir grace, and the erle of Deuonshire, but also all the gentlemen in the tower, saieng they were all ignorant of the sturre and commotion. In which number I take my selfe.

Compare 1577 edition: 1 Notwithstanding he said, all that he had written and confessed to the councell,Hare. was true.

Compare 1577 edition: 1 Naie sir, by your patience, maister Wiat said not so,Throckmor|ton. that was maister doctors addition.

Southwell.It appeareth you haue had good intelligence.

Compare 1577 edition: 1 Throckmor|ton.Almightie God prouided that reuelation for me this daie since I came hither: for I haue bin in close prison these eight and fiftie daies, where I heard no|thing but what the birds told me, which did flie ouer my head. And now to you of my iurie I speake spe|ciallie, whome I desire to marke attentiuelie what shall be said. I haue béene indicted, as it appeareth, and now am arreigned of compassing the queenes maiesties death, of leuieng war against the quéene, of taking the tower of London, of deposing and de|priuing the quéene of hir roiall estate, and finallie to destroie hir, and of adherence to the quéenes eni|mies. Of all which treasons, to proue me guiltie, the quéens learned councell hath giuen in euidence these points materiall; that is to saie: for the compassing or imagining the quéenes death, and the destruction of hir roiall person, sir Nicholas Arnolds depositi|ons, which is, that I should saie to the said sir Ni|cholas in Glocestershire, that maister Iohn Fitz|williams was angrie with William Thomas.

Compare 1577 edition: 1 Wherevnto I haue answered, as you haue heard both denieng the matter: and for the proofe on my side, doo take exceptions, because there is no witnesse but one. And neuerthelesse, though it were gran|ted, the depositions proue nothing concerning the quéenes death. For leuieng of warre against the quéene, there is alleged my conference with sir Tho|mas Wiat, sir Iames Crofts, sir Edward Rogers, sir Edward Warner. Against the mariage with Spaine, and the comming of the Spaniards hither, which talke I doo not denie in sort as I spake it, and ment it: and notwithstanding the malicious gathe|ring this daie of my conference, proueth yet no le|uieng of warre. There is also alleged for proofe of the same article, sir Iames Crofts confession, which (as you remember) implieth no such thing, but gene|rall talke against the mariage with Spaine. And of my departing westward with the earle of De|uon, which the said Iames dooth not auow, & there|fore I praie you consider it as not spoken. There is also for proofe of the said article, the duke of Suf|folks confession, with whome I neuer had confe|rence; and therefore he auouched the tale of his bro|thers mouth, who hath made my purgation in those matters; and yet if the matter were proued, they be not greatlie materiall in law. There is also alleged for the further proofe of the same article, and for de|posing and depriuing the quéene of hir roiall estate, and for my adhering to the quéenes enimies, Cut|bert Uaughans confession, whose testimonie I haue sufficientlie disprooued by sundrie authorities and circumstances, and principallie by your owne law, which dooth require two lawfull and sufficient wit|nesses to be brought face to face. Also for the taking of the tower of London, there is alleged Winters depositions, which vttereth my misliking, when he vttered vnto me sir Thomas Wiats resolution and deuise for attempting of the said péece. And last of all, to inforce these matters, mine owne confession is ingréeued against me, wherein there dooth appeare neither treason, neither concelement of treason, neither whispering of treason, nor procurement of treason.

Compare 1577 edition: 1 And forsomuch as I am come hither to be tried by the law, though my innocencie of all these points materiall obiected, be apparant to acquit me, where|to I doo principallie cleaue: yet I will for your bet|ter credit and satisfactions, shew you euidentlie, that if you would beléeue all the depositions laid a|gainst me, which I trust you will not doo, I ought not to be attainted of the treason comprised within my indictment, considering the statute of repeale the last parlement, of all treasons, other than such as be declared in the fiue and twentith yeare of king Edward the third, both which statutes, I pray you my lords, maie be read here to the inquest.

Compare 1577 edition: 1 No sir,Bromleie. there shall be no bookes brought at your desire, we doo all know the law sufficientlie without booke.

Compare 1577 edition: 1 Doo you bring me hither to trie me by the law,Throckmor|ton. & will not shew me the law? What is your knowlege of the law to these mens satisfactions, which haue my triall in hand? I praie you my lords, and my lords EEBO page image 1112 all, let the statutes be read, as well for the quéene, as for me.

Compare 1577 edition: 1 Stanford.My lord chiefe iustice can shew the law, and will, if the iurie doo doubt of anie point.

Compare 1577 edition: 1 Throckmor|ton.You know it were indifferent that I should know and heare the law whereby I am adiudged, and for asmuch as the statute is in English, men of mea|ner learning than the iustices can vnderstand it, or else how should we know when we offend?

Compare 1577 edition: 1 Hare.You know not what belongeth to your case, and therefore we must teach you: it apperteineth not to vs to prouide bookes for you, neither sit we here to be taught of you, you should haue taken better héed to the law before you had come hither.

Compare 1577 edition: 1 Throckmor|ton.Because I am ignorant, I would learne, and therefore I haue more néed to sée the law, and part|lie as well for the instructions of the iurie, as for my own satisfaction, which mee thinke were for the honor of this presence. And now if it please you my lord chiefe iustice, I doo direct my spéech speciallie to you. What time it pleased the quéenes maiestie, to call you to this honorable office, I did learne of a great personage of hir highnesse priuie councell, that a|mongst other good instructions, hir maiestie charged and inioined you to minister the law and iustice in|differentlie without respect of persons. And not|withstanding the old error amongst you, which did not admit anie witnesse to speake, or anie other matter to be heard in the fauor of the aduersarie, hir maiestie being partie; hir highnesse pleasure was, that whatsoeuer could be brought in the fauor of the subiect, should be admitted to be heard. And more|ouer, that you speciallie, & likewise all other iustices, should not persuade themselues to sit in iudgement otherwise for hir highnesse, than for hir subiect. Therefore this maner of indifferent proceeding be|ing principallie inioined by Gods commandement, which I had thought partlie to haue remembred you & others here in commission, in the beginning, if I might haue had leaue; and the same also being com|manded you by the quéens owne mouth: me thinke you ought of right to suffer me to haue the statutes read openlie, and also to reiect nothing that could be spoken in my defense; and in thus dooing, you shall shew your selues woorthie ministers, and fit for so woorthie a mistresse.

Compare 1577 edition: 1 Bromleie.You mistake the matter, the queene spake those words to maister Morgan chiefe iustice of the com|mon plées: but you haue no [...]ause to complaine, for you haue béene suffered to talke at your pleasure.

Compare 1577 edition: 1 Hare.What would you doo with the statute booke? The iurie dooth not require it, they haue heard the eui|dence, and they must vpon their conscience trie whe|ther you be guiltie or no, so as the booke needeth not; if they will not credit the euidence so apparant, then they know not what they haue to doo.

Compare 1577 edition: 1 Cholmleie.You ought not to haue anie books read here at your appointment, for where dooth arise anie doubt in the law, the iudges sit here to informe the court, and now you doo but spend time.

Compare 1577 edition: 1 The atturnie.I pray you my lord chiefe iustice repeat the eui|dence for the queene, and giue the iurie their charge, for the prisoner will kéepe you here all daie.

Compare 1577 edition: 1 How saie you? Haue you anie more to saie for your selfe?Bromleie.

Compare 1577 edition: 1 You seeme to giue and offer me the law, but in verie déed I haue onelie the forme and image of the law;Throckmor|ton. neuerthelesse, sith I cannot be suffered to haue the statutes red openlie in the booke, I will by your patience gesse at them as I maie, and I praie you to helpe me if I mistake, for it is long since I did sée them. The statute of repeale made the last parle|ment, hath these words: Be it enacted by the quéene, that from henceforth none act, deed, or offense, be|ing by act of parlement or statute made treason, pe|tit treason, or misprision of treason, by words, wri|ting, printing, ciphering, déeds, or otherwise whatso|euer, shall be taken, had, déemed, or adiudged trea|son, petit treason: but onelie such as be declared or expressed to be treason, in or by an act of parlement made in the fiue and twentith yeare of Edward the third, touching and concerning treasons, and the de|claration of treasons, and none other. Here may you sée, this statute dooth referre all the offenses afore|said, to the statute of the fiue and twentith yeare of Edward the third, which statute hath these words touching and concerning the treasons that I am indicted and arreigned of, that is to saie: Whosoe|uer dooth compasse or imagine the death of the king, or leuie warre against the king in his realme, or be|ing adherent to the kings enimies within this realme, or elsewhere, and be thereof probablie at|tainted by open déed by people of their condition; shall be adiudged a traitor. Now I praie you of my iurie which haue my life in triall, note well what things at this daie be treasons, and how these trea|sons must be tried and decerned; that is to say, by open déed, which the lawes dooth at some time terme (Ouert act.) And now I aske notwithstanding my in|dictment, which is but matter alleged, where dooth appeare the open déed of anie compassing or imagi|ning the queenes death? Or where dooth appeare anie open déed of being adherent to the quéens enimies, giuing to them aid and comfort? Or where dooth ap|peare anie open déed of taking the tower of Lon|don?

Compare 1577 edition: 1 Why doo not you of the quéenes learned coun|cell answer him? Me thinke, Throckmorton,Bromleie. you need not haue the statutes, for you haue them méet|lie perfectlie.

Compare 1577 edition: 1 You are deceiued to conclude all treasons in the statute of the fiue and twentith yeare of Edward the third;Stanford. for that statute is but a declaration of certeine treasons, which were treasons before at the com|mon law. Euen so there dooth remaine diuerse other treasons at this daie at the common law, which be expressed by that statute, as the iudges can de|clare. Neuerthelesse, there is matter sufficient al|leged and prooued against you, to bring you within the compasse of the same statute.

Compare 1577 edition: 1 I praie you expresse those matters that bring me within the compasse of the statute of Edward the third. For the words be these:Throckmor|ton. And be thereof at|tainted by open déed: By people of like condition.

Compare 1577 edition: 1 Throckmorton you deceiue your selfe,Bromleie. and mis|take these words; By people of their condition. For thereby the law dooth vnderstand the discouering of your treasons. As for example: Wiat and the other rebels, attainted for their great treasons, alreadie declare you to be his and their adherent, in as much as diuerse & sundrie times you had conference with him and them about the treason, so as Wiat is now one of your condition, who (as all the world know|eth) hath committed an open traitorous fact.

Compare 1577 edition: 1 By your leaue my lord,Throckmor|ton. this is a verie strange and singular vnderstanding. For I suppose the meaning of the law-makers did vnderstand these words: By people of their condition; of the state and condition of those persons which should be on the inquest to trie the partie arreigned, guiltie or not guiltie, and nothing to the bewraieng of the of|fense by another mans act, as you saie. For what haue I to doo with Wiats acts, that was not nigh him by one hundred miles?

Compare 1577 edition: 1 Will you take vpon you to skill better of the law than the iudges?The atturnie I doubt not but you of the iurie will credit as it becommeth you.

Compare 1577 edition: 1 Concerning the true vnderstanding of theseCholmleie. EEBO page image 1113 words: By people of their condition, my lord chiefe iustice here hath declared the truth, for Wiat was one of your condition, that is to saie, of your con|spiracie.

Compare 1577 edition: 1 You doo not denie, Throckmorton, but that there hath beene conference and sending betwéene Wiat and you:Hare. and he and Winter dooth confesse the same, with others, so as it is plaine; Wiat may be called one of your condition.

Compare 1577 edition: 1 Well, séeing you my iudges rule the vnderstan|ding of these words in the statute,Throckmor|ton. by people of your condition, thus strangelie against me: I will not stand longer vpon them. But where dooth appeare in me an open déed wherevnto the treason is speciallie referred?

Compare 1577 edition: 1 Bromleie.If thrée or foure doo talke, deuise, and conspire to|gither of a traitorous act to be doone, and afterwards one of them dooth commit treason, as Wiat did, then the law dooth repute them, and euerie of them as their acts, so as Wiats acts doo implie and argue of your open déed: and so the law dooth terme it and take it.

Compare 1577 edition: 1 These be maruellous expositions and woonderfull implications,Throckmor|ton. that another mans act whereof I was not priuie, should be accounted mine: for Wiat did purge me that I knew nothing of his stirre.

Compare 1577 edition: 1 Hare.Yea sir, but you were a principall procurer and contriuer of Wiats rebellion, though you were not with him when he made the stirre. And as my lord here hath said, the law alwaies dooth adiudge him a traitor, which was priuie, and dooth procure treason, or anie other man to commit treason, or a traitorous act, as you did Wiat and others: for so the Ouert act of those which did it by your procurement, shall in this case be accounted your open deed. We haue a common case in the law, if one by procurement should disseize you of your land, the law holdeth vs both wrong dooers, & giueth remedie as well against the one as the other.

Compare 1577 edition: 1 Throckmor|ton.For Gods sake applie not such constructions a|gainst me, and though my present estate dooth not mooue you, yet it were well you should consider your office, and thinke what measure you giue to others, you your selues I saie shall assuredlie receiue the same againe. The state of mortall life is such, that men know full little what hangeth ouer them. I put on within these xij. moneths such a mind, that I most wofull wight was as vnlike to stand here, as some of you that sit there. As to your case last recited, wherby you would conclude; I haue remembred and learned of you maister Hare, and you maister Stan|ford in the parlement house, where you did sit to make lawes, to expound and explane the ambigui|ties and doubts of law sincerelie, and that without affections. There I saie I learned of you, and others my maisters of the law, this difference betwixt such cases as you remembred one euen now, and the sta|tute whereby I am to be tried. There is a maxime or principle in the law, which ought not to be viola|ted, that no penall statute maie, ought, or should be construed, expounded, extended, or wrested, other|wise than the simple words and nude letter of the same statute dooth warrant and signifie. And amon|gest diuerse good and notable reasons by you there in the parlement house debated (maister sergeant Stanford) I noted this one, whie the said maxime ought to be inuiolable. You said, considering the priuate affections manie times both of princes and ministers within this realme, for that they were men, and would and could erre, it should be no secu|ritie, but verie dangerous to the subiect, to refer the construction and extending of penall statutes to a|nie iudges equitie (as you termed it) which might ei|ther by feare of the higher powers be seduced, or by ignorance and follie abused: and that is an answer by procurement.

Compare 1577 edition: 1 Notwithstanding the principall (as you alledge it) and the precisenesse of your sticking to the bare words of the statute,Bromleie. it dooth appéere and remaine of record in our learning, that diuerse cases haue béene adiudged treason, without the expresse words of the statute, as the queenes learned councell there can declare.

Compare 1577 edition: 1 It dooth appeere the prisoner did not onelie intise or procure Wiat, Caro, Rogers, and others,The attornie. to commit their traitorous act, and there dooth his o|pen facts appéere, which Uaughans confession dooth witnesse, but also he did mind shortlie after to associ|at himselfe with those traitors; for he minded to haue departed with the earle of Deuonshire westward.

Compare 1577 edition: 1 My innocencie concerning these matters I trust sufficientlie appéereth by my former answers,Throckmor|ton. not|withstanding the condemned mans vniust accusa|tion. But because the true vnderstanding of the sta|tute is in question, I saie procurement, and special|lie by words onelie, is without the compasse of it, and that I doo learne and prooue by the principle which I learned of maister Stanford.

Compare 1577 edition: 1 Maister Throckmorton,Stanford. You and I maie not a|grée this daie in the vnderstanding of the law, for I am for the quéene, and you are for your selfe; the iudges must determine the matter.

Compare 1577 edition: 1 He that dooth procure another man to commit a felonie or a murther,Bromleie. I am sure you know well enough the law dooth adiudge the procurer there a fe|lon or a murtherer; and in case of treason it hath béene alwaies so taken and reputed.

Compare 1577 edition: 1 I doo and must cleaue to my innocencie,Throckmor|ton. for I pro|cured no man to commit treson: but yet for my lear|ning I desire to heare some case so ruled when the law was as it is now. I doo confesse it, that at such time there were statutes prouided for the procurer, counsellor, aider, a better, and such like, as there were in king Henrie the eights time; you might lawfullie make this cruell construction, and bring the procurer within the compasse of the law. But these statutes being repealed, you ought not now so to doo:Happie for Throckmor|ton that those statutes stood then repealed. and as to the principall procurer in felonie and murther, it is not like as in treason; for the principall and acces|saries in felonie and murther be triable and punish|able by the common law: and so in those cases the iudges maie vse their equitie, extending the deter|mination of the fault as they thinke good: but in tre|son it is otherwise, the same being limited by sta|tute, which I saie and aduow is restreined from anie iudges construction, by the maxime that I recited.

Compare 1577 edition: 1 Your lordships doo know a case in Richard the thirds time, where the procurer,Stanford. to counterfeit false monie, was iudged a traitor, and the law was as it is now.

Compare 1577 edition: 1 Maister sergeant dooth remember you Throck|morton of an experience before our time,Hare. that the law hath béene so taken: and yet the procurer was not expressed in the statute, but the law hath béene al|waies so taken.

Compare 1577 edition: 1 I neuer studied the law,Throckmor|ton. whereof I doo much re|pent me: yet I remember, whilest penall statutes were talked of in the parlement house, you the lear|ned men of the house remembred some cases contra|rie to this last spoken of. And if I missreport them, I praie you helpe me. In the like case you speake of concerning the procurer to counterfeit false monie; at one time the procurer was iudged a felon, and at another time neither felon nor traitor: so as some of your predecessors adiudged the procurer no traitor in the same case, but leaned to their principall, though some other extend their constructions too large. And here is two cases with me, for one against me.

Compare 1577 edition: 1 EEBO page image 1114 Bromleie.Because you replie vpon the principall, I will remember where one taking the great seale of En|gland from one writing, and putting it to another, was adiudged a traitor in Henrie the fourths time, and yet his act was not within the expresse words of the statute of Edward the third. There be diuerse o|ther such like cases that maie be alledged and need were.

Compare 1577 edition: 1 Throckmor|ton.I praie you my lord chiefe iustice call to your good remembrance, that in the selfe same case of the seale, iustice Spilman, a graue & well learned man, since that time, would not condemne the offendor, but did reprooue that former iudgement by you last re|membred, as erronious.

S [...]anford.If I had thought you had béene so well furnished in booke cases, I would haue béene better prouided for you.

Compare 1577 edition: 1 Throckmor|ton.I haue nothing but I learned of you speciallie maister sergeant, and of others my maisters of the law in the parlement house, & therefore I maie saie with the prophet (Salutem ex inimicis nostris.)

Southwell.You haue a verie good memorie.

Compare 1577 edition: 1 If the prisoner maie auoid his treasons after this maner,The attornie. the quéenes suretie shall be in great ieopar|die. For Iacke Cade the blacke smith, and diuerse other traitors, sometime alledging the law for them, sometime they meant no harme to the king, but a|gainst his councell, as Wiat, the duke of Suffolke, and these did against the Spaniards, when there was no Spaniards within the realme. The duke and his brethren did mistake the law, as you doo: yet at length did confesse their ignorance, and submitted themselues: and so were you best to doo.

Compare 1577 edition: 1 Throckmor|ton.As to Cade and the blacke smith, I am not so well acquainted with their treasons as you be: but I haue read in the chronicle, they were in the field with a force against the prince, whereby a manifest act did appéere. As to the duke of Suffolkes dooings, they apperteine not to me. And though you would com|pare my spéech and talke against the Spaniards to the dukes acts, who assembled a force in armes, it is euident they differ much. I am sorie to ingréeue a|nie other mans dooings, but it serueth me for a péece of my defense, and therefore I wish that no man should gather euill of it; God forbid that words and acts be thus confounded.

Compare 1577 edition: 1 The attornie.Sir William Stanleie vsed this shift that the prisoner vseth now; he said he did not leuie warre a|gainst king Henrie the seauenth, but said to the duke of Buckingham, that in a good quarrell he would aid him with fiue hundred men; and neuerthelesse Stanleie was for those words atteinted, who (as all the world knoweth) had before that time serued the king verie faithfullie and trulie.

Compare 1577 edition: 1 Throckmor|ton.I praie you maister attorneie doo not conclude a|gainst me by blind contraries. Whether you alledge Stanlies case trulie or no, I know not. But admit it be as you saie, what dooth this prooue against me? I promised no aid to maister Wiat nor to anie other. The duke of Buckingham leuied warre against the king, with whome Stanleie was confederat so to doo as you saie.

Compare 1577 edition: 1 The attornie.I praie you my lords that be the queens commis|sioners, suffer not the prisoner to vse the quéenes learned councell thus, I was neuer interrupted thus in my life, nor I neuer knew anie thus suffer|ed to talke, as this prisoner is suffered; some of vs will come no more at the barre & we be thus handled.

Compare 1577 edition: 1 Bromleie.Throckmorton you must suffer the quéenes lear|ned councell to speake, or else we must take order with you, you haue had leaue to talke at your plea|sure.

Compare 1577 edition: 1 [...] It is prooued that you did talke with Wiat a|gainst the comming of the Spaniards, and deuised to interrupt their arriuall: and you promised to doo what you could against them: wherevpon Wiat be|ing incoraged by you, did leuie a force, and attemp|ted warre against the quéenes roiall person.

Compare 1577 edition: 1 It was no treason nor no procurement of trea|son,Throckmor|ton. to talke against the comming hither of the Spa|niards, neither was it treason for me to saie I would hinder their comming hither as much as I could (vnderstanding me rightlie as I meane it) yea though you would extend it to the worst, it was but words, it was not treason at this daie as the law standeth. And as for Wiats dooing, they touch me nothing; for at his death when, it was no time to re|port vntruelie, he purged me.

Compare 1577 edition: 1 By sundrie cases remembred here by the queenes learned councell (as you haue heard) that procure|ment which did appeare none otherwise but by words and those you would make nothing,Bromleie. hath béene of long time, and by sundrie well learned men in the lawes adiudged treason. And therefore, your pro|curement being so euident as it is, we maie lawful|lie saie it was treason, bicause Wiat performed a traitorous act.

Compare 1577 edition: 1 As to the said alleaged forepresidents against me,Throckmor|ton. I haue recited as manie for me, and I would you my lord chiefe iustice should incline your iudgments rather after the example of your honourable prede|cessors, iustice Markam, and others, which did eschue corrupt iudgements, iudging directlie and sincerelie, after the law & the principles in the same, than after such men as swaruing from the truth, the maxime, and the law, did iudge corruptlie, maliciouslie, and affectionatlie.

Compare 1577 edition: 1 Iustice Markam had reason to warrant his doo|ings: for it did appeare,Bromleie. a merchant of London was arreigned and slanderouslie accused of treason for compassing and imagining the kings death, he did saie he would make his sonne heire of the crowne, and the merchant meant it of a house in Cheapside at the signe of the crowne, but your case is not so.

Compare 1577 edition: 1 My case dooth differ I grant,Throckmor|ton. but speciallie bicause I haue not such a iudge: yet there is an other cause to restreine these your strange and extraordinarie constructions: that is to saie, a prouiso in the latter end of the statute of Edward the third, hauing these words: Prouided alwaies, if anie other case of sup|posed treason shall chance hereafter to come in que|stion or triall before anie iustice, other than is in the said statute expressed, that then the iustice shall for|beare to adiudge the said case, vntill it be shewed to the parlement to trie whether it should be treason or felonie. Here you are restreined by expresse words to adiudge anie case, that is not manifestlie mentio|ned before, and vntill it be shewed to the parlement.

Compare 1577 edition: 1 That prouiso is vnderstood of cases that maie come in triall which hath béene in vre,Pirtman. but the law hath al|waies taken the procurer to be a principall offen|dor.

Compare 1577 edition: 1 The law alwaies in cases of treason dooth account all principals and no accessaries as in other offenses,Sanders. and therefore a man offending in treason, either by couert act or procurement, wherevpon an open deed hath insued, as in this case, is adiudged by the law a principall traitor.

Compare 1577 edition: 1 You adiudge (me thinke) procurement verie hard|lie, besides the principall,Throckmor|ton. and besides the good proui|so, and besides the good example of your best and most godlie learned predecessors, the iudges of the realme, as I haue partlie declared, and notwithstanding this grieuous racking & extending of this word procure|ment, I am not in the danger of it, for it dooth ap|peare by no deposition that I procured neither one or other to attempt anie act.

Compare 1577 edition: 1 The iurie haue to trie whether it be so or no,Stanford. let it EEBO page image 1115 weie as it will.

Compare 1577 edition: 1 Hare.I know no meane so apparant to trie procure|ment as by words, & that meane is probable inough against you, as well by your owne confession, as by other mens depositions.

Compare 1577 edition: 1 Throckmor|ton.To talke of the quéenes marriage with the prince of Spaine, and also the comming hither of the Spa|niards, is not to procure treson to be doone: for then the whole parlement house, I meane the common house did procure treason. But sith you will make no difference betwixt words and acts, I praie you re|member a statute made in my late souereigne lord and masters time, king Edward the sixt, which appa|rantlie expressed the difference. These be the words: Whosoeuer dooth compasse or imagine to depose the king of his roiall estate by open preaching, expresse words or saiengs, shall for the first offense loose and forfet to the king all his and their goods and cattels, and also shall suffer imprisonment of their bodies at the kings will and pleasure. Whosoeuer, &c: for the se|cond offense shall loose & forfet to the king the whole issues and profits of all his or their lands, tenements and other hereditaments, benefices, prebends, and other spirituall promotions. Whosoeuer, &c: for the third offense, shall for tearme of life or liues of such offendor or offendors, &c: and shall also forfet to the kings maiestie, all his or their goods and cattels, and suffer during his or their liues perpetuall imprison|ment of his or their bodies. But whosoeuer, &c: by writing, ciphering, or act, &c: shall for the first offense be adiudged a traitor, and suffer the paines of death. Here you maie perceiue how the whole realme and all your iudgements hath before this vnderstood words and acts diuerselie and apparantlie. And ther|fore the iudgements of the parlement did assigne diuersitie of punishments, bicause they would not confound the true vnderstanding of words & deeds, appointing for compassing and imagining by word, imprisonment: and for compassing and imagining by open déed, paines of death.

Compare 1577 edition: 1 Bromleie.It is agréed by the whole bench, that the procurer and the adherent be déemed alwaies traitors, when as a traitorous act was committed by anie one of the same conspiracie: and there is apparant proofe of your adhering to Wiat, both by your owne confes|sion and other waies.

Compare 1577 edition: 1 Throckmor|ton.Adhering and procuring be not all one, for the sta|tute of Edward the third dooth speake of adhering, but not of procuring; & yet adhering ought not to be further extended, than to the quéenes enimies with|in hir realme, for so the statute dooth limit the vnder|standing. And Wiat was not the quéenes enimie, for he was not so reputed when I talked with him last, and our speech implied no enimie, neither tended to anie treason, or procuring of treason: and there|fore I praie you of the iurie note, though I argue the law, I alleage mine innocencie, as the best part of my defense.

Compare 1577 edition: 1 Your adhering to the quéenes enimies within the realme,Hare. is euidentlie prooued: for Wiat was the queenes enimie within the realme, as the whole realme knoweth it, and he hath confessed it both at his arreignement and at his death.

Compare 1577 edition: 1 Throckmor|ton.By your leaue, neither Wiat at his arreignement nor at his death, did confesse that he was the quéenes enimie when I talked last with him; neither was he reputed nor taken in foureteene daies after, vntill he assembled a force in armes, what time I was at your house master Englefield, where I learned the first intelligence of Wiats stirre. And I aske you who dooth depose that there passed anie maner of ad|uertisement betwixt Wiat and me, after he had dis|couered his dooings, and shewed himselfe an enimie? If I had béene so disposed, who did let me that I did not repaire to Wiat, or to send to him, or to the duke of Suffolke either, who was in mine owne coun|trie, and thither I might haue gone and conueied my selfe with him, vnsuspected for my departing home|wards.

Compare 1577 edition: 1 It is true that you were there at my house,Englefi [...]ld. ac|companied with others your brethren, and to my knowledge, ignorant of these matters.

Compare 1577 edition: 1 Throckmorton,Bromleie. you confessed you talked with Wiat and others against the comming of the Spa|niards, and of the taking of the tower of London, wherevpon Wiat leuied a force of men against the Spaniards he said, and so you saie all: but in deed it was against the quéene, which he confessed at length: therefore Wiats acts doo prooue you counsellor and procurer, howsoeuer you would auoid the matter.

Compare 1577 edition: 1 My thinke you would conclude against me with a mishapen argument in logike,Throckmor|ton. and you will giue me leaue, I will make an other.

Compare 1577 edition: 1 The iudges sit not here to make disputations,Stanford. but to declare the law, which hath béene sufficientlie doone, if you would consider it.

Compare 1577 edition: 1 You haue heard reason and the law,Hare. if you will conceiue it.

Compare 1577 edition: 1 Oh mercifull God, oh eternall father,Throckmor|ton. which séest all things, what maner of proceedings are these? To what purpose serueth the statute of repeale the last parlement, where I heard some of you here present, and diuerse other of the queenes learned councell, grieuouslie inueie against the cruell & bloudie lawes of king Henrie the eight, and against some lawes made in my late souereigne lord and masters time, king Edward the sixt. Some termed them Dracos lawes, which were written in bloud: some said they were more intollerable than anie laws that Diony|sius or anie other tyrant made. In conclusion, as manie men, so manie bitter tearmes and names those lawes had. And moreouer, the preface of the same statute dooth recite, that for words onelie, ma|nie great personages, and others of good behauiour, haue béene most cruellie cast awaie by these former sanguinolent thirstie lawes, with manie other sug|gestions for the repeale of the same. And now let vs put on indifferent eies, and throughlie consider with our selues, as you the iudges handle the constructi|ons of the statute of Edward the third, with your equitie and extentions, whether we be not in much woorse case now than we were when those cruell laws yoked vs. These lawes albeit they were grieuous and captious, yet they had the verie propertie of a law after saint Paules description. For those lawes did admonish vs, and discouer our sinnes plainelie vnto vs, & when a man is warned, he is halfe armed. These lawes, as they be handled, be verie baits to catch vs, & onlie prepared for the same, and no laws: for at the first sight they ascerteine vs we be deliue|red from our old bondage, and by the late repeale the last parlement, we liue in more securitie. But when it pleaseth the higher powers to call anie mans life and saiengs in question, then there be constructions, interpretations, and extentions reserued to the iusti|ces and iudges equitie, that the partie triable, as I am now, shall find himselfe in much woorse case than before when those cruell lawes stood in force. Thus our amendment is from Gods blessing into the warme sunne. But I require you honest men which are to trie my life, consider these opinions of my life, iudges be rather agréeable to the time, than to the truth: for their iudgements be repugnant to their owne principle, repugnant to their godlie and best learned predecessors opinions, repugnant I saie to the prouiso in the statute of repeale made in the last parlement.

Master Throckmorton quiet your selfe,The att [...]rnie. and it EEBO page image 1116 shall be the better for you.

Compare 1577 edition: 1 Throckmor|ton.Master atturnie, I am not so vnquiet as you be, and yet our cases are not alike: but bicause I am so tedious to you, and haue long troubled this presence, it maie please my lord chiefe iustice to repeat the eui|dence wherewith I am charged, and my answers to all the obiections, if there be no other matter to laie against me.

Compare 1577 edition: 1 ¶ Then the chiefe iustice remembred particularlie all the depositions and euidences giuen against the prisoner, and either for want of good memorie, or good will, the prisoners answers were in part not re|cited: wherevpon the prisoner craued indifferencie, and did helpe the iudges old memorie with his owne recitall.]

Compare 1577 edition: 1 My masters of the iurie, you haue to inquire whe|ther sir Nicholas Throckmorton knight, [...]dall here priso|ner at the barre, be giltie of these treasons, or anie of them, whereof he hath beene indicted and this daie ar|reigned, yea or no. And if you find him giltie, you shall inquire what lands, tenements, goods, and cat|tels he had at the daie of his treasons committed, or at anie time since: and whether he fled for the trea|sons or no, if you find him not giltie.

Throckmor|ton.Haue you said what is to be said?

Yea for this time.

Compare 1577 edition: 1 Sendall. Throckmor|ton.Then I praie you giue me leaue to speake a few words to the iurie. The weight and grauitie of my cause hath greatlie occasioned me to trouble you here long, and therfore I mind not to interteine you here long, with anie prolix oration: you perceiue not|withstanding this daie great contention betwixt the iudges and the quéenes learned councell on the one partie, and me the poore and wofull prisoner on the o|ther partie. The triall of our whole controuersie, the triall of my innocencie, the triall of my life, lands, and goods, and the destruction of my posteritie for e|uer, dooth rest in your good iudgements. And albeit manie this daie haue greatlie inueied against me, the finall determination thereof is transferred one|lie to you. How grieuous & horrible the shedding of innocents bloud is in the sight of almightie God, I trust you doo remember. Therefore take héed (I saie) for Christs sake, doo not defile your consciences with such heinous & notable crimes. They be grieuouslie and terriblie punished, as in this world and vale of miserie vpon the childrens children to the third and fourth generation, and in the world to come with e|uerlasting fire and damnation. Lift vp your minds to God, and care not too much for the world, looke not backe to the fleshpots of Aegypt, which will allure you from heauenlie respects, to worldlie securitie, and can thereof neither make you anie suertie. Be|léeue I praie you, the queene and hir magistrats be more delighted with fauourable equitie, than with rash crueltie. And in that you be all citizens, I will take my leaue of you with S. Paules farewell to the Ephesians, citizens also you be, whom he tooke to record that he was pure from sheding anie bloud, a speciall token & doctrine left for your instruction, that euerie of you maie wash his hands of inno|cents b [...]oud shed, when you shall take your leaue of this wretched world. The holie ghost be amongest you.

Compare 1577 edition: 1 [...] Come hither sergeant, take the iurie with you, and suffer no man to come at them, but to be ordered as the law appointeth, vntill they be agreed vpon their verdict.

Compare 1577 edition: 1 Throckmor|ton.It may please you my lords and maisters which be commissioners, to giue order that no person haue accesse or conference with the iurie, neither that any of the quéenes learned councell be suffered to re|paire to them, or to talke with anie of them, vntill they present themselues here in open court, to pub|lish their verdict.

Compare 1577 edition: 1 2 ¶ Upon the prisoners sute on this behalfe, the bench gaue order that two seargeants were sworne to suffer no man to repaire to the iurie, vntill they were agreed according vnto order. Wherevpon then the prisoner was by commandement of the bench withdrawne from the barre, and the court ad|iourned vntill thrée of the clocke at afternoone, at which houre the cõmissioners returned to the Guild|hall, and there did tarie vntill the iurie were agréed vpon the verdict. And about fiue of the clocke, their agréement being aduertised to the commissioners, the said prisoner, sir Nicholas Throckmorton was a| [...]ine brought to the barre, where also the iurie did [...]; and being demanded whether they were a|gréed vpon their verdict, answered vniuersallie with one voice, Yea. Then it was asked who should speake for them: they answered, Whetston the foreman.]

Compare 1577 edition: 1 Nicholas Throckmorton knight, hold vp thy hand.Sendall.

Compare 1577 edition: 1 Then the prisoner did so vpon the summons.Throckmor|ton.

Compare 1577 edition: 1 You that be of the iurie, looke vpon the prisoner.

Compare 1577 edition: 1 The iurie did as they were inioined.Sendall.

Compare 1577 edition: 1 How saie you,Iurie. Sendall. is maister Throckmorton knight there prisoner at the bar, giltie of the treasons wher|of he hath bene indicted and arreigned in maner and forme, yea or no?

No.

Compare 1577 edition: 1 How saie you, did he flie vpon them?Whetston.

No, we find no such thing.Sendall.

Compare 1577 edition: 1 I had forgotten to answer that question before,Whetston. Throckmor|ton. but you haue found according to truth: and for the better warrantie of your dooings, vnderstand that I came to London, and so to the quéenes councell vn|brought, when I vnderstood they demanded for me: & yet I was almost an hundred miles hence, where if I had not presumed vpon my truth, I could haue withdrawne my selfe from catching.

Compare 1577 edition: 1 How saie you the rest of you, is Whetstons verdict all your verdicts?Bromleie.

Compare 1577 edition: 1 The whole inquest answered Yea.Iurie.

Compare 1577 edition: 1 Remember your selues better,Bromleie. haue you conside|red substantially the whole euidence in sort as it was declared & recited; the matter dooth touch the quéenes highnesse, and your selues also, take good héed what you doo.

Compare 1577 edition: 1 My lord, we haue throughlie considered the eui|dence laid against the prisoner,Whetston. and his answers to all these matters, and accordinglie we haue found him not giltie agréeable to all our consciences.

Compare 1577 edition: 1 If you haue doone well, it is the better for you.Bromleie.

Compare 1577 edition: 1 It is better to be tried, than to liue suspected.Throckmor|ton. Bles|sed be the Lord God of Israell, for he hath visited and redéemed his people, and hath raised vp a mightie saluation for vs in the house of his seruant Dauid. And it may please you my lord cheefe iustice, forso|much as I haue bene indicted and arreigned of sun|drie treasons, and haue according to the law put my triall to God and my countrie, that is to saie, to these honest men which haue found me not giltie, I hum|blie beseech you to giue me such benefit, acquitall and iudgement, as the law in this case dooth appoint.

Compare 1577 edition: 1 ¶ When the prisoner had said these words the com|missioners consulted togither.]

Compare 1577 edition: 1 Maie it please you my lord chéefe iustice to pro|nounce sentence for my discharge?Throckmor|ton.

Compare 1577 edition: 1 Whereas you doo aske the benefit that the law in such case dooth appoint, I will giue it you; to wit,Bromleie. that where you haue béene indicted of sundrie high trea|sons, & haue béene héere this daie before the queenes commissioners and iustices arreigned of the said treasons, where vnto you haue pleaded not giltie, and haue for triall therein put your selfe on God & your countrie, and they haue found you not giltie, the court dooth award that you be cléerlie discharged, pai|eng EEBO page image 1117 your fees. Notwithstanding master lieutenant take him with you againe, for there are other mat|ters to charge him withall.

Compare 1577 edition: 1 2 Throckmor|ton.It maie please you my lords & masters of the Q. highnesse priuie councell, to be on my behalfe hum|ble sutors to hir maiestie, that like as the law this daie (God be praised) hath purged me of the treasons wherewith I was most dangerouslie charged: so it might please hir excellent maiestie to purge me in hir priuat iudgement, and both forgiue & forget my o|uerrash boldnesse, that I vsed in talke of hir highnes marriage with the prince of Spaine, matters too far aboue my capacitie, and I verie vnable to consider the grauitie thereof, a matter impertinent for me a priuat person to talke of, which did apperteine to hir highnesse priuie councell to haue in deliberation. And if it shall please hir highnesse of hir bountifull li|beralitie, to remit my former ouersights, I shall thinke my selfe happie for triall of the danger that I haue this daie escaped, and maie thereby admonish me to eschue things aboue my reach, and also to in|struct me to deale with matters agréeable to my vo|cation. And God saue the quéens maiestie, and grant the same long to reigne ouer vs. And the same Lord be praised for you the magistrats, before whome I haue had my triall this daie indifferentlie by the law, and you haue procéeded with me accordinglie; & the grace of God be amongst you now and euer. ¶ There was no answer made by anie of the bench to the prisoners sute, but the atturnie did speake these words.]

Compare 1577 edition: 1 And it please you my lords, forsomuch as it sée|meth these men of the iurie,The atturnie. which haue strangelie ac|quited the prisoner of his tresons wherof he was in|dicted, will foorthwith depart the court, I praie you for the quéene, that they, and euerie of them maie bée bound in a recognisance of fiue hundred pounds a péece, to answer to such matters as they shall bée charged with in the quéenes behalfe, whensoeuer they shall be charged or called.

Compare 1577 edition: 1 Whetston.I praie you my lords be good to vs, and let vs not be molested for discharging our consciences trulie. We be poore merchantmen, and haue great charge vpon our hands, & our liuings doo depend vpon our trauels, therefore it maie please you to appoint vs a certeine day for our appearance, for perhaps some of vs maie be in forren parties about our businesse.