No More Learning

for who can more unlawful and insufficient
Wyat's depositions any thing against me, than condemned man, and such one
where Vaughan's letter sent
concerning my talk? —But now
Vaughan's present estate, that con demned man, whose testimony nothing worth
suffer any pains
death, imprisonment, only power over his body, lands, and goods, his goods, lands, &c. un but over his life also.
accused two suffi Stanford. Yea, the exceptions are
Tho. Wyat will speak
jured accuse, (which God's grace with
stood until the last hour) what time perceiving there was way live, but speak against
mc some other, former grace being taken
away, did redeem his life most unjustly and shamefully, you see.
Hare. Why should accuse you more than any other, seeing there was displeasure be
St. Jerome false witness. fore hath made
and maintain that they have say against
now appeareth neither his first nor his last tale true For you know, Mr. Bridges,
knoweth accuse me the mean save his
and doth my lord your brother, that sired twice thrice Edw. Wyat should amined; and am sure, and most assured,
hath been willed say what could, and here nothing deposed him against me, either
touching any letter other conference;
own life? Remember, pray you, now long
Woo,
de and how many times execution hath
ex been respited, and how often hath been con->
any law; and because false witness men twixt you, the matter had not been true? " tioned the Gospel, treating Accusation, Throckmorton. Because must either heark pray you what St. Jerome saith, ex speak some man, suffer death; and then pounding the place demanded why he did rather choose hurt him he did least Christ's accusers be called false witnesses, know, and loved least, than any other well which did report Christ's words not known him, whom loved most. But spake them they false witnesses, saith St. you my Jury speak especially, and there Jerome, which do add, alter, wrest, double fore pray you note what say matter
speak for hope avoid death, for malice less weight than trial life and land, man procure another man's death for men may the law take Exceptions such be
may easily gather cannot speak truly me, impanneled, try the controversies betwixt
the case hath hope
another man's life, where the parties: for example, man may chal his own accusation. Thus lenge that the sheriff his enemy, and there
much speaketh
By the civil law there many exceptions one the jury
partial return, because the sheriff my adversary's ser case my adversary's villain
taken against such Testimonics; but because vant; and also
we not governed that law, neither have bondman
my trial shall superfluous trouble challenge him, because the adversary part hath you therewith, and therefore you shall hear power over his villain's lands and goods, and what your own law doth say. There was bath the use his body for servile office: much statute made my late sovereign lord and more may right take exception Vaughan's master his time, touching Accusation, and Testimony, my life and that have depend
these be the words: “Be enacted, That ing thereupon and the same Vaughan being ‘person persons, &c. shall indicted, ar more bound the queen's highness, than my raigned, condemned, convicted for any os adversary, (that woe me therefore, but the “fence Treason, Petit Treason, Misprsion law doth here term her majesty) than any “of Treason, for which the same offender shall villian his lord; for her highness hath not
loss forfeiture
“less the same offender
“cient and lawful witnesses, shall willingly taken against the Jury that case but not
empanneled, may lawfully
or
be
of :
ofisIbyhe he sir
in
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;
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881] STATE TRIALS, I MARY, 1554. —for IIigh Treason. [S82
against the witness or accuser, and therefore which had most godly and virtuous prince your argument serveth little for you. - reign over us, Iny late sovereign iord and mas Throckmorton. That is not so, for the use ter king Edward, under whom we might both of the Jury, and the witness, and the effect of safely and lawfully profess God's word which
their doings doth serve me to my purpose, as with our lewd doings, demeanor, and living, we the law shall discuss. And thus I make my handled irreverently, that whip for our
comparison : by the civil law the judge doth faults, would send strangers, yea such give Sentence upon the Depositions of the wit very tyrants exercise great tyranny over us,
ness, and by your law the Judge doth give and did take away the virtuous and faithful Judgment upon the verdict of the Jury, so as king from amongst us; for every man every
the effect is both one to finish the matter, trial estate did colour his naughty affections with in law, as well by the depositions of the wit presence religion, and made the gospel ness, as by the jury's verdict, though they vary stalking horse bring their evil desires
in form and circumstance; and so Vaughan's effect. This was the sum our talk Paul's, testimony being credited, may be the material somewhat more dilated.
cause of Iny condemnation, as the jury may be Stanford. That may appear yet more induced by deposition speak their verdict, evidently how Throckmorton was principal and finally thereupon the judge give sen doer and counsclor this matter, you shall tence. Therefore may use the same excep hear his own Confession his own hand writ tions against the jury, any them, the ing. The Cle:k did begin read Throck Principal mean, that shall occasion my condem morton desired master Stanford read and ilation. the Jury well mark Then master Stan
Brously. Why, you deny, that every ford did read the prisoner's own Confession part Vaughan's tale untrue this effect, That Throckmorton had conference
Littorney. You may see will deny all, with Wyat, Caroe, Crottes, Rogers, and War and say there was such communication be ner, well the queen's Marriage with the
Vaughan's Confession true, the name, the matters aforesaid. Moreover, with sir
the places, the time, and some part the mat Thomas Wyat, the prisoner talked the bruit, ter. that the Western Men should much mislike the
Attorney. you the Jury may perceive coming the Spaniards into this realm, being the prisoner doth confess something true. reported also that they intended interrupt
their arrival here. And also that was said,
that they were consultation about the same Exeter. Wyat also did say, that Peter repair hither, touching the earl Devon Caroe could not bring the same matter good
twixt them.
prince Spain, also Religion, and did Throckmorton. confess some part particularly confer with every the forenamed
Throckmorton. sir Peter Caroe, cerning iny advice
As touching my sending
his sending me, con
Mr. Wyat stir,
parting hence, and my going with him, and also effect, nor was there any man concerning the matter the earl Pembroke, good effect, the earl
avow and say that Vaughan hash said pecially the west country,
meet bring Devon and es
much
untruly. they did not draw one line. Then Southwell. As for my lord Pembroke, Throckmorton asked how the Kentisbunen were
you need not excuse the matter, for hath affected the Spaniards Wyat said, the shewed himself clear these matters like no people like then evil nough, and that appear bleman, and that we all know. now the coming the count Egmont,
Throckmorton. they were
and yet oftener than twice; but sithence their country. Then Throckmorton should you would know what communication passed say, though know there hath been unkind
betwixt Paul's church, will declare. ness betwixt master Southwell and you for We talked of the incommodities of the Mar money matter, wherein travelled make
riage the queen with the prince Spain, you friends, doubt not, but honest and how grievous the Spaniards would atter this will for the safeguard of
here. Vaughau said, that should very country join with you, and you may dangerous for any man that truly professed the sure the lord Burgainey and his force. gospel live here, such was the Spaniards Then Wyat said, for another matter than cruelty, and especially against christian men. for money that we disagree, wherein lath Whereunto answered, was the plague handled me and others very doubly and un God come justly upon us; and now Almighty neighbouily; how beit, can other, God dealt with us, did with the Israelites, neither me, nor any other man, and there taking from them for their unthankfulness their fore forgive him. ltern, with Peter Ca godly kings, and did send tyrants reign over roe, Throckmotun had conference touching
them even handled Englishmen, the impeachinctit the landing the said WOL.
Hare. Why what was the talk betwixt for they were ready stir against him and his Vaughan and you long Paul's, these train, supposing had been the prince; but were not so, and what meant your oft nect said Wyat, Robt. Southwell, master Baker, ings
and master Moyle, and their allinity, which be As for our often meetings, good credit some places the shire, will purpose, but chance, for other malicious respects hinder the liberty
I.
to us no
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so
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set so in
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ss3] STATE TRIALS, 1 Mary, 1554. —The Trial of Nicholas Throckmorton, [884 prince, and touching provision armour and one that should into the West-country with
ammunition, ensuelli that say, that sir Peter Caroe told Throckmorton, that trust ed his countrymen would true Englishmen,
and would not agree the Spaniards
govern them. Item, the said, Peter Caroe said, the matter importing the French king
Throckmorton. But what doth the principal
author this matter say against me, mean
the lord Thomas Grey, who yet living
not his Deposition brought against me, for
ought be, can say any thing? Will you know the truti, Neither the lord Tito. Grey hath said, can say, will say any thing against use, not withstanding the duke his brother's Confession and Accusation, who hath affilmed many other things besides the truth.
speak not without certain knowledge: for the lord homas Grey, being my prison-fellow for small time, informed me, that the duke his
did, thought the French king would work lunder the Spaniards coming hither, with whom the said Pete did think good practise for armour, ammunitions and money.
hen Throck norton did advise him beware
that brou. any Frenchmen into the realin
forceably, witch could abide
the Freichmon after that sort the Spaniords.
And also Throckmorton thought the French brother had misreported him many things,
king unable give aid means the
amongst others matters touching me, which had declared you Mr. Southwell, and
great consumption
Uaroe said,
Frenchmen,
neither party, but serve his own country, anything, should have been here now And
and declaring had practise
help his country from bondage the duke's Confession, not material,
their own wars. torching the bringing
Master loved
other the examiners not long ago. am sure the lord Thomas could would have said
meant not,
the earl of i)evonshire.
brockmorton, that for he doth refer the matter the lord Tho his own work his mas's report, who hath made my purgation.
said, that shortly Attorney. And please you my Lords, and his own country you my masters the Jury, besides these mat
sir Edw. Warner, had and did bemoan
further small bark
and intended depart
understand the devotion his country ters touching Wyat's Rebellion, Peter Ca men. Item, Throckmorton did say, would rve's Treasons, and confederating with the for his part hinder the coming the Spani duke Suffolk; and besides the prisoner's ards much could persuasion. Item,
his own estate, and the tyranny
extended upon divers honest persons gion, and wished were lawful
Conspiracy with the earl Devon, with Crofts, Rogers, Warner, and sundry others sundry places, shall manifestly appear unto you, that
conscience; for the law, officio, will in crable, and the clergy's discipline now inay rather resembled the Turks tyranny, than
the teaching Christian religion. This was the sum the matter, which was read the
which the greatest matter others, and most abhorred and for the proof hereof you shall hear what Arnold saith. Then was
Nich. Arnold's Confession read, affirming
that Throckmorton shewed unto him, riding betwixt Hinam and Crosse Laund Glouces:
become me, my words not perverted and abused the hurt some others, and espe cially against the great personagos, whom
Confession.
Throckmorton. any such thing
appeareth Arnold's
the time
reli Throckmorton did conspire the queen's majes
each ty's Death with Win. Thomas, Nich. Ar ieligion live safely according their con nald, and other Traitors intending the same;
foresaid confession, matters most grievous
against the prisoner. Then Throckmorton tershire, that John Fitzwilliams was very much
said, sithence Mr. Serjeant you have read and
gathered the place you think, that maketh
most against me, pray you take the pains,
and read further, that hereafter whatsoever morton knew
have been sundry times (as appeareth my honest man, may either forget him answers) examined for perceive the rict was se's, devise means how unburthen him not cast only for little fishes, but for the great “cit weighty matter this for
ones, jur’a adugium. charged with the matter principal, which
Stanford. shall but loss time, and did perceive when charged me with his
we have other things charge von witholi, and tale and therefore do blame him the less,
this that you desire doth make nothing you. that seeketh how discharge himself, using Dyer. And for the better confirmation me witness, he could transfer the de
nll the Treasons objected against the prisoner, vice Wm. Thomas. But truly, never and therein prove him guilty, you the spake any such words unto him; and for my Jury shall hear the duke Suffolk's Deposi better Declaration, did see John Fitzwilliams tions against him, who was principal, and here even now, who can testify, that never hath suffered accordingly. Then the said Ser shewed me any displeasure betwixt them:
jeant read the duke's Confession touching the and know nothing the displeasure be
prisoner, amounting this effect; That the twixt them, know uothing
the cause. called de
the bar,
lord Thomas Grey did inform the said duke, that Nich. Throckmorton was privy the whole devices against the Spaniards, and was
play you, my lords, let him
pose this matter what can. Then John Fitzwilliams drew
displeased with William Thomas.
Attorney. Wm. Thomas devised, that John
Fitzwilliams should kill the queen; and Throck
First, deny that Mr. Arnold; and though
said
sir
to to ofbe to
tohe
as ato he to
in
I to a he
so
tois it of be
of
I
be as as;oforan
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to
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as sir
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Sir go
s85] STATE TRIALS, 1 MARy, 1554. —for High Treason.
[885
said, that the council, was
your patience,
* and presented himself to depose his knowledge in the matter in open court.
Zittorney. I pray you, my lords, suffer him
not to be sworn, neither to speak ; we have nothing to do with him.
Throckmorton. Why should he not be sus. fered to tell truth And why be ye not so well contented to hear truth for me, as untruth against me *
Hare. Notwithstanding
had written and confessed true.
Throckmorton. Nay, sir,
or commanded you to speak you are a very busy officer.
Throckmorton. I called him, and do humbly desire that he may speak and be heard as well as Vaughan, or clse I am not indifferently
for have been close prison these days, where head nothing but what the birds told
me, which did over my head. And now you my Jury speak especially, whom de
sire mark attentively, what shall said: used; especially seeing master Attorney doth have been indicted, appeareth, and now so press this matter against me. am arraigned compassing the queen's ma
Southwell. Go you ways Fitzwilliams, the jesty's death, levying war against the queen, court hath notining to do with you ; peradven taking the Tower London, deposing ture you would not be so ready in a good and depriving the queen her royal estate, cause.
and finally destroy her, and adherence Then John Fitzwilliams departed the court, the queen's encinies. Of which Treasons, and was not suffered to speak. prove me guilty, the queen's learned council
Throckmorton. Since this gentleman's De hath given Fvidence these points material claration may not be admitted, I trust you of that say, for the compassing imagining
that it was feared he would speak for me. which that should say the said Ni And now to master Arnold's Depositions cholas Gloucestershire, that master John against me, I say I did not tell him any such Fitzwilliams was angry with Win. Thomas. words; so as if it were material, there is but Whereunto have answered, you have his yea and my nay. Hut because the words heard, both denying the matter; and for the be not sore strained against me, I pray you, proof my side, take exception, because master Attorney, why might not I have told there no witness but one. And neverthe master Arnold, that John Fitzwilliams was less, though were granted, the Depositions angry with Wm. Thomas, and yet know no prove nothing concerning the queen's death.
master Wyat said not so, that was master doc tor's Addition.
Southwell. appeareth you have added good intelligence.
Throckmorton. Almighty God provided that Hare. Who called you hither, Fitzwilliams, revelation for me this day since came hither
the Jury can perceive, it was not for any thing the queen's death, and the destruction her he had to say against me; but contrarywise, royal person, Nich. Arnold's Depositions;
cause of the anger ? it might be understood, to disagree oftentimes. Who doth confess that I
For levying war against the queen, there
ailedged my conference with Tho. Wyat, sir James Crofts, sir Edw. Rogers, sir Fow. Warner, against the Marriage with Spain, and
know anything of Wm. Thomas's device touch
ing the queen's Death I will answer, no man :
for master Arnold doth mention no word of the coining the Spaniards hither; which talk
that matter, but of the displeasures betwixt not deny sort spake and meant them ; and to speak that, doth neither prove it; and notwithstanding the malicious gather Treason, nor knowledge of Treason. Is here ing this day my conference, proveth yet
the Evidence against me that you have levying war. There also alledged for bring me within the compass the Indictment. proof the same Article, James Croft's
Stanford. Methink the matters confessed Confession, which you remember implieth by others against you, together with your own no such thing, but general talk against the
confession, will weigh shrewdly. But how say you the Rising Kent, and Wyat's at tempt against the queen's royal person her palace
Bromley. Why you not read Wyat's Ac
cusation him, which doth make him partner to his Treasons?
Southwell. you, and
firmed.
Wyat has grievously accused many things that others have con
his brother's mouth, who hath made my pur gation those matters, and yet the matter were proved, they not greatly material
Throckmorton. Whatsoever Wyat hath said me hope his life, unsaid his
death. For since came into this Hall,
heard one say (but know him not) that Wyat, upon the scaffold, did not only purge my lady
Elizabeth her grace, and the earl Devonshire,
but also the gentlemen ing, they were ignorant
motion which Lumber
law. There also alledged for the further proof the same Article, and for deposing and depriving the queen her royal estate, and for my adhering the queen's enemies, Cuthbert Vaughan's Confession, whose testimony have sufficiently disproved sundry authorities and circumstances, and principally your own
Marriage with Spain, and my departing westward with the earl Devon, which the said James doth not avow, and therefore pray you consider not spoken. There also for proof the said article, the duke Suf folk's Confession, with whom never had con ference; and therefore avouched the tale
the Tower, say
the stir and com law, which doth require two lawful and suffici
take myself. ent witnesses brought face face. Also
;
in all
:;
to
to be
it as
of in
of it I in to
of Isir ofof
I fly
in
It
all
of
II doin
1 ofin
he
of
to by
I
if
it, sir as no is
or
of be all
of
to
of in
all
it at
in
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at
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do I
of in to is
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to of
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of
of
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he is to all of
w Iofsir ofIbyhe
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58
:. to Ito: he
sir of
I
to
ess] STATE TRIALs, Many, 1591–The Trial of Nicholas Throckmorton, (sss
for the taking the Tower London, there pleasure was, that whatsoever could brought alledged Winter's Depositions, which utter the favour the subject, should adult eth my misliking, when uttereth unto me ted heard. And moreover, that you spe
sir Thomas Wyat's resolution and device for at cially, and likewise other justices, should tempting the said peace. And last all, not persuade themselves judgment enforce these matters, mine own Confession otherwise for her highness, than for her sub
engrieved greatly against me, wherein there ject. Therefore this manner indifferent doth appear neither Treason, neither conceal proceeding being principally enjoined God's
ment Treason, neither whispering Trea
commandment, which had thought partly have remembered you and others here com
}.
law, though my innocency
son, nor procurement Treason.
And for
tried the mission the
beginning, might
much
come hither
have had these points leave; and the same also being commanded acquit me, you the queen's own mouth, methink you
material objected, apparent
whereunto principally cleave; yet will for your better credit and satisfactions shew
ought right suffer me have the statutes read openly, and also reject nothing that
you evidently, that you would believe the could spoken Iny defence and thus Depositions laid against me, which trust you doing you shall shew yourselves worthy mi
will not do, ought not attainted the Treason comprised within my Indictment, con
nisters, and for worthy mistress. Bromley. You mistake the matter,
queen spake Morgan
$o
ment, all Treasons, other than such
sidering the
Repeal parlia the last
chief justice
those words master
the Common Pleas; but you
be
declared the 25th year king Edward
both which Statutes pray you my lords may
read here the inquest.
Bromley. No, for there shall books
brought your desire; we know the law sus ficiently without book.
Throckmorton. Do you bring me hither try me the law, and will not shew me the law What your knowledge the law these men's satisfactions, which have my trial
have suffered
cause talk
complain, for you have been your pleasure.
all, let the statutes read, well for the where dotii arise any doubt the law,
queen, for me.
Stanford. My lord chief justice can shew
the law, and will, the Jury doubt any point.
Throckmorton. You know were indiffe rent that should know and hear the law whereby am adjudged and forasmuch
the Statute English, men meaner learn
judges here inform the court; and now you but spend time. -
Attorney. pray you my lord chief justice
repeat the Evidence for the queen, and give Jury their Charge, for the prisoner will keep you here day.
Bromley. How say you, have you any more say for yourself?
ing than the Justices, can understand how should we know when we offend
Hare. You know not what belongeth
else
You seem give and offer very deed have only
read openly the Book, will your tience guess them, may, and pray you
help mistake, long since see them. The Statute Repeal made
the last parliament hath these words, ‘Be
enacted the queen, that from hencesorth. none act, deed, offence, being act
parliament statute made Treason, Petit Treason, Misprision Treason, words,
your case, and therefore must teach you appertaineth not provide books for
you, neither we here taught you you should have taken better heed the law
form and the image
before you had come hither. Throckmorton. Because
would learn, and therefore see the law, and partly
gructions the Jury,
tion, which methink, were for the honour this presence. And now please you my lord chiefjustice, direct my speech speci
What time pleased the queen's
call you this honourable office, great personage her highness's privy council, that amongst other good instruc tions, her majesty charged and enjoined you
ally you. majesty,
‘ed, adjudged Treason, Petit Treason,
did learn
only such “Treason,
declared, expressed
act parliament made Edward 3d, touching and
am ignorant, have more need
well for the in for my own satisfac
minister the law and justice indifferently
without respect persons. And notwith. see this statute doth refer the offences afore
standing the old error amongst you, which did said, the statute the 25th Edward 3d,
not admit any witness speak, any other which statute hath these words touching and matter be heard the favour of the adver concerning the Treasons that am indicted
sary, her jesty being party, her highness's and arraigned of; that say, ‘Whosoe"
What would you with the Statute the Jury doth not require they have heard the Evidence, and they must upon their
conscience try whether you guilty
the book needeth not they will not credit
Hare. Book
Cholmley.
hand pray you, my lords, and my lords books read here your appointment,
the Evidence they have
apparent, then they know what do.
Throckmorton. me the law, but
You ought not have any
the law; nevertheless, since cannot be suffered to have the statutes
other “wise whatsoever, shall taken, had, deem
‘writing, printing, ciphering, deeds,
“in the 25th year
concerning Treasons, and the Declarations
“Treasons, and none other. ” Here may you
to
itifas totowe; it asII be
of
toto inbe istois
to
to Iasbyatof asof
in ofto of I I in I of
a is I sit in is to
do
of
inof I to if if
to do us
be
I of
be
‘‘••*
in
to o
in
in
in as or orbe
Ito
of at so
of Sir
or
of ofan or
so attoof fit to
but
the
the
thefor
no, so
the
to
or by by
of it
or
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by if all Iatin
of itdo as
ofto allbe
of
of
or ofIto
to? be ofit,-no of
of all I
to or I do no beofby to
or of I of I ; itto as
as
by of as
:
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3d ;
to lyin in
as
I all
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to all ofor forI I if do
it be to a
to I to Iof ofistoin : sit
Iby I pa"
to
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of in by
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me sit to in be
ofto be
he
8S9] STATE TRIALS, 1 Mary, 1534. —for High Treason. [800
ing these words, “By people their condi
tion,' Iny lord chief justice here hath declared the truth; for Wyat was one your condition, that say, your conspiracy.
Hare. You not deny, Throckmorton,
but that there hath been conference, and send
ing between Wyat and you, and and Winter
doth contess the same, with others;
plain, Wyat may well called one your condition.
Throckmorton. Well, seeing you my Judges rule the understanding these words the my Indictment, which but matter alledged, Statute, “By people your condition,” thus
where doth appear the open deed any com strangely against me, will not stand longer passing imagining the queen's death; upon them. But where doth appear me where doth appear any open deed being ad open deed, whereunto the Treason specially herent the queen's enemies, giving them referred
• doth compass or imagine, the death of the “king, or levy war against the king in realm,
being adherent this realm,
the king's enemies with
‘probably attainted
their condition, shall adjudged
elsewhere, and
thcreof people
Traitor.
" Now pray you my Jury which have my life trial, note well what things this day be Treasons, and how these Treasons must be tried and discerned, that say, open deed, which the laws doth some time term
overt act. And now
ask, notwithstanding
aid and confort where doth appear any
open deed taking the Tower London Bromley. Why not you the Queen's learned counsel answer him? Methink Throck
morton, you need not have the Statutes, for have them meetly perfectly.
Bromley. three four talk, devise, and conspire together traiterous act
done, and afterwards one them doth commit Treason, Wyat did then the law doth re pute theim, and every them their acts;
open deed
Stanford. You are deceived,
Treasons the statute the 25th
3rd for that Statute but Declaration
certain Treasons, which were Treasons before man's act, whereof was not privy, should at the common law. Even there doth re
conclude Edw. the
Throckmorton. These marvellous exposi tions, and wonderful implications, that another
main divers other treasons this day the
common law, which not expressed that
statute, the Judges can declare. Neverthe
less, there matter sufficient alledged and
proved against you bring you within the the stir. And my lord here hath said, the compass the same statute. law always doth adjudge him traitor, which
Throckmorton. pray you express those was privy and doth procure treason, any
other man commit treason, traiterous
ment, shall this case accounted your open deed. We have common case the law, one should disseise you your land, the law holdeth both wrong doers,
matters that bring me within the compass
the Statute Edw. the 3rd; for the words be
act, you did Wyat, and others; for the
these, open “And thereof attainted deed
people like condition. ’ - Bromley. Throckmorton, you deceive your
P. your procure overt act those which did
self, and mistake these words, “by people
their condition;' for thereby the law doth un
derstand the discovering your treasons. As and giveth remedy well against the one
for example, Wyat and the other rebels, at tained for their great treasons, already declare
you and their adherent, much divers and sundry times you had conference with him and them about the treason
Wyat now one your condition; who the world knoweth, hath committed open traiterous fact.
the other.
Throckmorton. For God's sake apply not such constructions against me; and though my present estate doth not move you, yet were well you should consider your office, and think what measure you give others, you your selves say shall assuredly receive the same again. The state mortal life such, that
very strange and singular understanding. For suppose the meaning the law-makers
try the party arraigned, guilty not guilty, you master Hare, and you inacter Stanford and nothing the bewraying the offence the Parliament louse, where you did another man's act you say for what have make laws, expound and explain the ambi
with Wyat’s acts, that was not nigh him guities and doubts law sincerely, and that
100 miles?
Attorney. Will you take upon you skill
better the law than the Judges? doubt not
but you the Jury will credit becometh otl.
Cholmley. Concerning the true understand
did understand these words, “By people
their condition,’ the state and condition
those persons which should the inquest conclude, have remembered and learned of
Wyat's acts imply and argue your open deed, and the law doth term and take
accounted mine; for Wyat did purge me that knew nothing his stir.
Hare. Yea, Sir, but you were principal procurer and contriver Wyat's Rebellion, though you were not with him when made
Throckmorton. By your leave, my lord, this men know full little what hangeth over them.
put within this months such mind, that most woeful wight, was unlike stand here, some you that there. As
your case last recited, whereby you would
without affections: There say, learned you, and others my masters the law, this difference betwixt such cases you remem bered one even now, and the Statute whereby
am tried. There Maxim prin ciple the law, which ought not violated,
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801] STATE TRIALS, 1 Mary, 1554. —The Trial of Sir Nicholas Throckmorton. [892
* That no penal Statute may, ought, or should Treason, for the principal and accessaries
be construed, expounded, extended, or wrested, felony and murder triable and punishable otherwise than the simple words and nude let the common law; and those cases the ter of the same statute doth warrant and sig Judges may use their equity, extending the misy. ' And amongst divers good and notable dete; mination the fault they think good:
reasons by you there in the Parliament House but debated, master Serjeant Stanford, I noted this limited
one, why the said Maxim ought to be inviola ble: you said, considering the private affections
Treason otherwise, the same being Statute Law, which say and
restrained from any Judge's construction
many times both of princes and ministers
within this realm, for that they were men, and
would and could err, it should be no security,
but very dangerous to the subject, to refer the law was as now. construction, and extending of penal statutes to
any judge's equity, as you termed which
Hare. Master Serjeant doth remember you Throckmorton, experience before our
time, that the law hath been taken, and yet
might either seduced,
And that Bromley.
fear, the higher powers
ignorance and folly abused. the procurer was not expressed the statute,
but the law hath been always taken. Throckmorton. never studied the law, whereof much repent me; yet remen ber, whilst Penal Statutes were talked the Parliament-House, you the learned men the
ing, that divers cases have been adjudged house remembered some Cases contrary this Treason, without the oxpress words the last spoken And misreport them,
statute,
can declare.
the queen's learned council there pray you help me. the like case you speak concerning the procurer counterfeit false
procurement. Notwithstanding the principle,
answer
you alledge
sticking
doth appear and remain record our learn
and the preciseness your the bare words the Statute,
avow
the Maxim that recited.
Stanford. Your lordships know case Ra. 3's time, where the procurer counter feit false money, was judged Traitor, and the
Attorney.
not only intice procure Wyat, Caroe, Rogers, felon, and another time neither felon nor and others, commit their traiterous acts, and traitor; some your predecessors ad
doti, appear, the prisoner did Money, one time the procurer was judged
there doth his open facts appear, which judged the procurer traitor the same case, Vaughan's Confession doth witness; but also but leaned their principle, though some he did mind shortly after associate himself other extend their constructions too large. with those traitors; for he minded
parted with the earl Devonshire Throckmorton. My innocency
these matters, trust, sufficiently appeareti, the principle, will remember, where one my former Answers, notwithstanding the con taking the Great Seal England from one
demned man's unjust Accusation. But be cause the true understanding the Statute
question; say, procurement, and specially
writing, and putting another, was adjudged Traitor Henry 4's time, and yet his act
was not within the express words the Statute of Edw, the third. There be divers other
and case Treason,
taken and reputed. Throckmorton.
hath been always
been better provided for you.
Throckmorton. have nothing but learned
you specialy master Serjeant, and others
my masters the law the Parliament House;
and therefore may say with the prophet, Salutein er inimicis most ris.
Southwell. You have very good memory. Attorney. the prisoner may avoid his
and must cleave my innocency, for procured man commit
Treason; but yet for my learning desire hear some case ruled, when the law was
now. do confess that such time
there were Statutes provided for the procurer, counsellor, aider, abettor, and such like,
have de And here two cases with me, for one against
lile.
concerning Bromley. Because you reply sore upon
westward.
words only, without the compass
and that learn and prove the principle such like cases that may alledged and need
which learned of master Stanford.
Stanford. Master Throckmorton, you and may not agree this day the understanding
the law, for am for the queen, and you speak for yourself: the Judges must determine the matter.
Bromley. He that doth procure another did reprove that formerJudgment you last man commit felony murder, am remembered, erroneous.
sure you know well enough, the law doth ad Stanford. had thought you had been
judge the procurer there, felon murderer; well furnished with Hook Cases would have
Treasons after this manner the queen's surety there were king Henry 8th's time, you might shall great jeopard For Jack Cade,
lawfully make this cruel construction, and the Blacksmith, and divers other Traitors, some bring the procurer within the compass the tinte alledging the law for them, sometime they law. But these statutes being repealed, you meant harm the king, but against his ought not now do; and the principal
procurer felony and uurder, not like (a) See Leak's Case, Kel. Rep.
were.
Throckmorton. pray you my Lord Chief Justice, call your good remembrance, that
the self same case the Seal (a), Justice Spilman, grave and well learned man, since that time, would not condemn the offender, but
in
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sp3] STATE TRIALS, I MARy, 1554. —for High Treason. {894
counsel; as Wyat, the duke of Suffolk, and eth; and for Wyat's doings, they touch me these did against the Spaniards, when there notining, for his death, when was time
was no Spaniards within the realm. The duke and his brethren did mistake the law, as you do, yet at length did confess their ignorance,
report untruly, purged me.
Bromley. sundry cases remembered here the queen's learned counsel, you have
and submitted themselves. And so were you heard, that procurement which did appear no best to do. otherwise but words, and those you would Throckmorton. As to Cade and the Black inake nothing, hath been long time, and
smith, I am not so well acquainted with their sundry well learned men the laws adjudged Treasons as you be; but I have read in the Treason. And therefore your procurement
Chronicle, they were in the field with a force against the prince, whereby a manifest act did
being evident we may lawfully say was Treason, because Wyat performed
traiterous act.
they appertain not to me. And though you Throckmorton. As the said alledged four
appear. As to the duke of Suffolk's doings,
would compare my speech and talk against the
Spaniards, to the duke's acts, who assembled a
force in arms, it is evident they differ much : I
am sorry to engrieve any other mans doings; example your honourable predecessors, jus
but it serveth me for a piece of my Defence,
and therefore I wish that no man should gather evil of God forbid that words and acts be thus confounded. -
tice Markham, and others, which did eschew corrupt judgments, judging directly and sin cerely after the law, and the principles the same, than after such men, swerving from
with whom Stanley was confederate as you say.
do, Statute Edw. having these words: “Pro vided always, any other case supposed
Treason shall chance hereafter come
question trial before any justice, other than the said statute expressed, that then the ‘justice shall forbear adjudge the said case,
knew any thus suffered talk, this prisoner
suffered: some of us will come no more at whether should Treason Felony. ” Heie
Attorney. pray you, my lords that queen's Commissioners, suffer not the prisoner
use the queen's learned counsel thus; was never interrupted thus my life, nor never
the bar, and we be thus handled. "
Bromley. Throckmorton, you must suffer
the queen's learned counsel speak, else we must take order with you you have had leave talk your pleasure.
Hare. proved that you did talk with Wyat against the coming the Spaniards, and
you are restrained express words adjudge any case that not manifestly mentioned be fore, and until be shewcd the Parliament.
Portman. That Proviso understand of cases, that may come trial, which bath been ure, but the law hath always taken the Pro
inised do what you could against then whereupon Wyat being encouraged you, did levy force, and attempted war against the queen's royal person.
Throckmorton. procurement coming hither treason for me coming hither ing me rightly
treason, nor
the worst, was but words, realm, have partly declared; and notwith this day the law stand standing this grievous racking and extending
would extend
was not treason
the
curer principal offender.
devised interrupt their arrival, and you pro Sanders. The law always cases Trea
precedents against me, have recited inan for me, and would you my Lord Chief Justice should incline your judgments rather after the
Attorney. Sir W. Stanley used this shift the truth, the maxim, and the law, did judge
that the prisoner useth now, said did not levy war against king Henry 7th, but said the duke Buckingham, that good quarrel he would aid him with 500 men: and never
corruptly, maliciously, and affectionately. Bromley. Justice Markhan had reason
warrant his doings; for did appear, merchant London was arraigned and slanderously ac cused Treason for compassing and imagining
theless Stanley was for those words attainted,
who the world knoweth, had before that the king's Death, did say “he would make
timeserved the king very faithfully and truly (b). his son heir pray you Attorney meant
the Crown,” and the merchant
the sign -
Throckmorton. master
do not conclude me bind contraries. Whe ther you alledge Stanley's Case truly no,
know not. But admit you say, what doth this prove against me? promised aid
master Wyat, nor any other. The duke your strange and extraordinary constructions; Buckingham levied war against the king, that say, Proviso the latter end the
House Cheapside
the Crown; but your Case not so. Throckmorton. My case doth differ,
grant, Judge: yet there another cause restrain these
but specially because have not such
until shewed the Parliament try,
son doth account principals, and acces saries other offences; and therefore man offending Treason, either covert act procurement, whereupon open deed hath ensued, this case, adjudged the law
principal traitor.
Throckmorton. You adjudge, methink, pro
curement very hardly, besides the principal, and much could, understand besides the good example your best and most meant yea though you godly learned predecessors, the Judges the
was treason,
talk against the the Spaniards, neither was say, would hinder their
this word procurcment, am not the danger (b) See No. 25, 277. for doth appear Deposition, that
of it,
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$95] STATE TRIALS, 1 Mary, 1554. —The Trial of Sir Nicholas Throckmorton, [896
Iprocured neither one nor other to attempt Hare. Your adhering the queen's ene any act. mies within the realm evidently proved for Stanford. The Jury have to try, whether it Wyat was the queen's enemy within the realm,
be so or no, weigh will.
the whole realin knoweth and hath try confessed both his Arraigument and his
Death.
Throckmorton. your leave, neither Wyat his Arraignment, nor his Death, did con
Hare. know mean
Procurement words, and that mean
bable enough against you, well your own Confession, other men's Depositions.
sayings, shall for the first offence lose and
forfeit the king and their goods and chattels, and also shall suffer imprisonment
their bodies the king's will and pleasure.
Whosoever, &c. for the second offence shall
lose and forfeit the king the whole issues and profits his their lands, tenements, and other hereditaments, benefices, prebends, and other spiritual promotions. Whosoever, &c. for the third offence, shall for term
and thither might have gone end conveyed myself with him, unsuspected ury departing homewards.
Inglefield. true that you were there my house, accompanied with others your
brethren, and, my knowledge, ignorant these matters.
Bromley. Throckmorton, you confessed you talked with Wyat and others against the com ing the Spaniards, and the taking the
apparent
pro
Throckmorton. To talk the queen's Mar fess, that was the queen's enemy, when riage with the prince Spain, and also the talked last with him, neither was re coming hither the Spaniards, not pro puted nor taken days after, until as cure Treason done; for then the whole sembled force arms, what time was Parliament house, mean the Common house, your house, master Inglefield, where learned did procure Treason: but since you will make the first intelligence Wyat’s stir. And ask no difference betwixt words and acts, pray you, who doth depose that there passed any you remember Statute made my late sove mitinner advertisement betwixt Wyat and reign lord and master's time, king Edward the me, after had discovered his doings, and 6th, which apparently expresseth the difierence; she wed himself enemy had been these be the words: “Whosoever doth com disposed, who did ine, that did not repair
pass, imagine depose the king his Wyat, send him, the duke royal estate open preaching, express words Suffolk either, who was mine own country
life lives such offender offenders, &c. Tower London; whereupon Wyat levied
and shall also forfeit the king's majesty
his their goods and chattels, and suffer during his their lives perpetual imprison ment his their bodies. But whosoever,
&c. writing, cyphering, act, shall for the
first offence adjudged Traitor, and suffer the pains death. ’ Here you may perceive
force men against the Spaniards said,
and you say all, but indeed was against
the queen, which contessed length:
therefore Wyat's acts prove you counselior
and procurer, how socver you would avoid the In atter.
Throckmorton. Methink you would con clude me with mishapen argument logick, and you will give me leave, will make ano
Stanford. The judges not here make disputations, but declare the law, which hath been sufficiently done, you would consi der it.
how the whole realm and your judgments
hath before this understood words and acts, di
versly and apparently; and therefore the judg ther. ments the parliament did assign diversity punishments, because they would not confound
the true understanding words and deeds, ap pointing for compassing and imagining
word, imprisonment; and for compassing and imagining open deed, pains death.
Bromley. agreed the whole Bench, that the Procurer and the Adherent be deemed
always traitors, when traiterous act was committed any one the same conspiracy;
Hare. You have heard reason and the law, you will conceive
Throckmorton. Oh merciful God! Oh eter
nal Father, which seest all things, what man ner proceedings are these To what pur pose serveth the Statute Repeal the last parliament, where heard some you here
apparent proof your adhering
and there
Wyat, your own confession and other ways. present, and divers other the queen's learn
Throckmorton. Adhering and procuring
not one for the statute Edw. doth speak adhering, but not procuring, and yet adhering ought not further extended, than
council grievously inveigh against the cruel and bloody laws king Henry 8th, and against some laws made my late sovereign lord and master's time, king Edw. 6th. Some termed them 1)raco's Laws, which were written
blood (a): some said they were more intoler able than any laws, that Dionysius any other tyrant made. conclusion, many men, many bitter terms and names those laws had. And moreover, the preface the saune Statute doth recite, that for words only,
(a) see Cobb. Parl. Hist. 908.
the queen's enemies within her realm, for the statute doth limit the understanding. And Wyat was not the queen's enemy, for was not reputed, when
and our speech implied
tended any treason,
and therefore pray you the jury note, though argue the law, alledge my innocancy,
procuring treason the best part my defence.
talked with him last; enmity, neither
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897] STATE TRIALs, 1 Mary, 1554. —for JIigh Treason. [898
many great personages, and others of good be
haviour, hath been most cruelly cast away by
these former sanguinolent thirsty laws, with
many other suggestions for the repeal of the
same. And now put indifferent eyes,
and thoroughly consider with ourselves,
you the Judges handle the constructions the
statute Edw. 3d, with your equity and ex
tensions, whether we be not much worse Judges and the queen's learned council the case now than we were when those cruel laws
yoked us. These laws albeit they were griev ous and captious, yet they had the very proper
law after St. Paul's description for those laws did aqomonish us, and discover our sins plainly unto us; and when man warm ed, half armed. These laws, they
2. handled, very baits catch us, and only prepared for the same, and laws; for the first sight they ascertain we delivered from our old bondage, and the late repeal
one party, and me the poor and woeful pri soner the other party. The trial our whole controversy, the trial my innocency, the trial life, lands, and goods, and the destruction my posterity for ever, doth rest
your good judgments. And albeit many this day have greatly inveighed against me, the
final determination thereof transferred only you how grievous and horrible the shed ding innocents blood the sight Al
mighty God, trust you do remember. the last parliament live more security. Therefore take heed, say, for Christ's sake, Iłut when pleaseth the higher powers call not defile your consciences with such hei
any man's life and sayings question, then nous and notable crimes; they grievously
there constructions, interpretations, and ex and terribly punished, this world and vale
tensions reserved the justices and judges misery upon the children's childreu the equity, that the party try able, am now, third and fourth generation, and the world shall find himself much worse case, than be come with everlasting fire and damnation. fore when those cruel laws stood force. Thus List your minds God, and care not too our amendment from God's blessing into the much for the world; look not back the flesh warm sun; but require you honest men, pots Egypt, which will allure you from hea which are try my life, consider these opinions venly respects worldly security, and can
my life: judges rather agreeable the thereof neither make you any surety. Believe time, than the truth; for theirjudgments pray you, the queen and her magistrates be repugnant their own principle, repugnant more delighted with favourable equity, than their godly and best learned predecessors opi with rash cruelty; and that you citi nions, repugnant, say, the l’roviso the zens, will take my leave you with St. Paul's
Sendall. Yea, for this time.
Throckmorton. Then pray you give me
leave speak few words the Jury: The weight and gravity my cause hath greatly
occasioned me trouble you here long, and
therefore mind not entertain you here long with any prolix oration you perceive notwitn
standing this day great contention betwixt the
Statute Itepeal made Attorney. Master
the last parliament. Throckmorton, quiet
farewell the Ephesians, citizens also you be, whom took record that was pure from shedding any blood; special token, doc
yourself, and shall
Throckmorton. Master Attorney, am not trine left for your instruction, that every you unquiet you be, and yet our cases are not may wash hands innocents bloodshed,
the better for you.
alike; but because am tedious you, when you shall take your leave this wretched and have long troubled this presence, may world; the Holy Ghost amongst you.