No More Learning

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,
into be
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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. please my Lord Chief Justice repeat the Sendall. Come hither, serjeant, take the
Evidence, wherewith am charged, and my Jury with you, and suffer man come Answers the Objections, there no them, but ordered the law appointeth,
other matter lay against me.
Then the Chief Justice Bromley remembered
until they agreed upon their Verdict.
Throckmorton. may please you iny lords and masters which Commissioners, give
particularly the Depositions and Evidences
given against the prisoner, and either for want order, that person have access conference
good memory, good will, the prisoner's
Answers were part not recited whereupon the prisoner craved indifferency, and did help
the Judge's old memory with his own recital. Sendals. My Masters the Jury, you have inquire, whether sir Nicholas Throckmorton,
with the Jury, neither that any the queen's
knight, here prisoner the bar, guilty
these Treasons, any them, whereof
hath been indicted and this day arraigned, yea until they were agreed.
And you find him Guilty, you shall Then the prisoner was commandment enquire what lands, tenements, goods, and the Bench withdrawn from the bar, and the
chattels had the day Treasons court adjourned until three the clock as cominitted, any time since and whether ternoon; which hour the Commissioners re fled for the Treasons no, you find him turned the Gu (dball, and there did tarry
not guilty.
Throckmorton. said
Have you said what -
-
until the Jury were agreed upon the Verdict. be And about five the clock, their agreement being advertised the Coulinissioners, the
learned council
talk with any
themselves here Verdict.
suffered repair them, them, until they present
open court, publish their
Upon the Prisoner's suit this behals, the Bench gave order, that two serjeants were
sworn suffer man repair the Jury,
i
he of
be
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809] STATE TRIALS, I MARY, 1554. —The Trial of Sir N. Throckmorton. [900
said prisoner, Nicholas Throckmorton, was give you, viz. That where you have been in again brought the bar, where also the jury dieted sundry high Treasons, and have been
did repair; and being demanded whether they here this day before the queen's commissioners were agreed upon their Verdict, answered uni and justices arraigned the said Treasons,
versally with one voice, Yea. Then was whereunto you have pleaded Not guilty, and asked, who should speak for them; they an have for trial therein put yourself God and
swered, Whetston the for eman.
Sendall. Nicholas Throckmorton knight,
your country, and they have found you Not
guilty, the court doth award that you clearly discharged paying your fees.
Notwithstanding,
master Lieutenant take him with you again, for there are other matters charge him with.
Th; ockmor, on. may please you my lords and masters the queen's highness's privy coun sel, my behalf humble suitors her majesty, that like the law this day (God
praised) hath purged me the Treasons wherewith was most dangerously charged,
might please her excellent majesty purge me her private judgment, and both forgive
and forget my over rash boldness, that used. talk her highness's Marriage with the
hold thy hand.
Then the Prisoner did
Sendall. You that the prisoner.
upon the summons. the July, look upon
The Jury did they were enjoined.
Sendall. How say you, master Throck morton knight, there prisoner the bar, guilty of the "reasons whereof he hath been indicted and arraigned manner and form, yea
Whetston. No.
ndall. How say you, did
Whetston. No, we find
Throckmorton. had forgot answer that
question before; but you have found according
upon them. such thing.
prince Spain, matters too far above my ca truth: and for the better warranty your pacity, and very unable consider the gra
doings, understand that came London, and vity thereof; matter impertinent for me the queen's counsel unbrought, when private person talk which did appertain
understood they demanded for me and yet her highness's privy council have deli was almost hundred miles hence, where beration, and shall please her highness had not presumed upon my truth, could her bountiful liberality, remit my former
have withdrawn myself from catching. Bromley How say you the rest
ye,
oversights, shall think myself happy for trial the danger that have this day escaped, and
Whetston's Verdict your Verdicts?
The whole Inquest answered, Yea.
Bromley. Remember yourselves better, have
you considered substantially the whole Evi dence sort was declared and recited
the matter doth touch the queen's highness, and yourselves also, take good heed what you do.
Whetston. My lord, we have thoroughly considered the Evidence laid against the pri soner, and his Answers these matters, and accordingly we have found him not guilty, agreeable
may thereby admonish me above my reach, and also
deal with matters agreeable
eschew things instruct me
my vocation;
our consciences.
you have done well,
and God save the queen's majesty, and grant
the same long reign over us, and the same
Lord praised for you the magistrates, before whom have had my trial this day indifferently
the law, and you have proceeded with me accordingly, and the grace God amongst
you now and ever.
There was Answer made any the
bench the prisoner's suit, but the Attorney
did speak these words
Attorney. And please you my lords, for
asmuch seemeth these men the Jury, which have strangly acquitted the prisoner
his Treasons whereof was indicted, will
Bromley.
people, and hath raised mighty Salvation for us the house of his servant David. ’ And
the
better be tried than live suspected ‘Blessed the Lord God Israel, for hath visited and redeemed his
better for you. Throckmorton.
may please you my Lord Chief Justice, for bound
asmuch have been indicted and arraigned answer sundry Treasons, and have according the with
law put my trial God and my country, that say, these honest men which have
recognizance
unto us, and let not molested for dis give me such benefit, acquittal, and judgment, charging our consciences truly we poor
found me not guilty; humbly beseech you
the law this case doth appoint.
When the Prisoner had said these words, the
commissioners consulted together.
Throckmorton. May please you my lord
merchant-men, and have great charge upon our hands, and our livings depend upon our travails; therefore may please you appoint
chief justice charge.
certain day for our appearance, because pronounce Sentence for my dis perhaps else some inay foreign parts
forthwith depart the court; queen, that they, and every
pray you for the them, may
500l. picce,
shall Whetston.
about our business.
Whereas you ask the benefit The Court being dissatisfied with the Ver
Bromley.
that the law such case doth appoint, will dict, committed the Jury prison.
such matters they shall charged the queen's behalf, whensoever they
charged
called. * pray you, my lords, good
in in to
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soil STATE TRIALS, 9 Eliz. 1507. -Trial of Earl Bothwell. [902
Proceedings AGAINst Sir Nicholas THRockMorton's Jury. [3 Holing. 1121, 1126,
On Friday the 26th of Oct. those men who liberty upon paying their fines, which were had been of Throckmorton's Inquest, being 220 pounds apiece. The other three put
in number eight (for the other four were de supplication, therein declaring their goods livered out of prison, for that they submitted did not amount the sum that, which they themselves, and said they had offended) where were appointed pay; and upon that de of Einanuel Lucar and Whetston were chief, claration, paying threescore pounds apiece, were called before the Council in the Star
Chamber, where they affirmed, that they had mas's day, being the 21st December.
done things that matter according their
knowledge, and with good consciences, even
they should answer before God the day
judgment; and Lucar said openly before
the lords, that they had done the matter sufficient proof condemn him; for this the
like honest men, and true and faithful subjects; Jury were severely fined. the Juries were and therefore they humbly besonght the lord deprived the liberty judging according chancellor and the other lords be means their consciences, and, instead being go
the king's and queen's majesties, that they verned proofs, they were examine how might discharged and set liberty, and the court stood affected the prisoners, and said, that they were contented submit that determine their verdicts. This rigour
Throckmorton, who was found guilty upon the same evidence on which his brother had been ac quitted. Rapin -
themselves their majesties, saving and re executed upon the Jury was fatal sir John
serving their truth, consciences and honesties.
they were delivered out prison St. Tho
and tried
Sir Nicholas Throckmorton being accused
accomplice Wyat's conspi racy, was acquitted his Jury for want
taking part, judg The lords their words evil
134.
In Peck’s “Memoirs of the Life and Poeti
ed them worthy pay excessive fines; some
said they were worthy pay thousand
pounds apiece, others that Lucar and Whetston
were worthy pay thousand marks apiece,
and the rest 500l. pounds apiece. conclu
sion sentence was given the lord chancellor,
that they should pay thousand marks apiece
the least, and that they should prison
again, and there remain, till further order were
taken for their punishment. —Upon the 10th Nov. the sheriffs of London had commandment
take inventory each one their goods,
“cal Works Milton,” 4to. Poem entitled “The Legend Sir Nicholas Throckmorton,
“knt. Chief Butler England, who died “poison, 1570, listorical Poem
(his nephew) Sir Thomas Throckmorton, kt. ” which are the following stanzas
cxxii.
Because the Chronicle doth show large
My Accusation and Acquittal both
mean thereby ease me that charge,
Lest that my being tedious thou loath,
Yet read when thou hast convenient leisure:
Perhaps my passed pain shall bring thee plea Stire.
cxxiii.
How arraign'd Treason was set free By Juror's Verdict, not lose my life
The only per my degree, mean that was but gentilitie;
Yet five escaped nobiiitie.
and seal the same day. were adjudged
their doors, which was done Whetston, Lucar and Kightly
pay 2000l. apiece, and the
rest 1000 marks apiece, paid within one
fortnight after. From this payment were ex
empted those four who had confessed their There shalt thou view President not rise,
fault and submitted
Pointer, Beswicke, and Cater. Upon Wednes
day the 12th Dec. five the eight Jurors, who lay the Fleet, were discharged and set
themselves, Loe, viz.
53. The Trial JAMEs earl Bothw ELL, for the Murder Henry
lord Darnley, Husband Mary Queen Scots;
the Senate
House Edinburgh ELIz. April 12, A. D. 1567.
Hist. Scjotland, 18. and Appendix 30. Laing's Hist.
Scot.
the noble and potent Archibald earl of
Argyle, lord Campbel, and Lord Justice Geue ral for our sovereign lady, parts her
realm, where there Convention and lawful Assembly Judges. this Court appeared personally Judgment Mr. John Spence Conde, and Robert Crichton Choc, Advo
At
the queen held and begun
the Justice Court
our sovereign lady sovereign lady, cates our
65.
311. ]
and her
the Senate-House and there the said Mr. John Spence próduced Edinburgh, the 12th day April, 1567, letters from our said sovereign lady, executed
name;
and indorsed with the Summons: the tenor of which Letters, Endorsements, and Summons hereafter follows:
The Cox(Mission Mary Queen Scots, try James Earl Bothwell, for the Murder her Husband Henry Lord Darnley.
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903] STATE TRIALS, 9 Eliz. 1567. -Trial of Earl Bothwell, [90t
MARY, by the grace of God, queen of Scot the 27th day March, and our reign the land. To our beloved inasters William Purves, 25th, the year 1567. Signed accordingly
William Lawson, Gawin Ramsey messengers,
our sherisis in that part conjunctly and seve rally constitute, greeting. Whereas it has
advice the queen's council. MARY.
been most humbly remonstrated to us by our
beloved and faithful counselors, Mr. John
Spence of Conde, and Robert Crichton of Purves, messenger and sheriff constitute for Choc, our advocates, that they are informed that part, according the command the that our well beloved cousin and counselior Letters our sovereign lady, and her name Matthew earl of Lennox, father of our most and authority, hove summoned Matthew earl dear spouse, has asserted, That James earl Lennox, and others her majesty's sub
---- Bothwell, lord Hallis and Creygehton, &c. and jects, having and pretending have interest
some others, were the contrivers of the trai torous, cruel, detestable, and abominable Mur
der of his highness, committed the 9th day of leb! . ory last past, in the dead of the night, in his falo, the time being, our city Iodinburgh, near the Church the fields, wil fully and with premeditated felony; and have declared their suspicion the said earl and others, having committed the said cruel and horrid Murder. And having therefore resolved that the truth should tried, course justice, with possible diligence and brevity, we
have the advice thelords our privy-coun cil, and also the humble request and petition
what within specified, public Proclamation,
made the market cross the city Edin burgh, order appear before the Judges their deputies the Senate-House Edin
burgh, the 12th day April next ensuing,
and prosecute and join with our said sove reign lady, the cause herein set, forth, with
the land, ordered the Senate-House
the 12th sheriffs constitute for that part, went according
April next insuing,
the laws meet
court justice Edinburgh
justice the command contained the Letters of the said cruel and abominable crime and rity summoned the said Matthew earl
order
upon the said earl and others for committing our sovereign lady, and her name and autho
What was indorsed on the back of the said Conumission.
The 19th day March, 1567. William
the summons as mentioned Commission copy which
the cross the said market,
John Andersoun and David Land, and many others. And further testimony this my execution and indorsement, have hereupta
set my seal. Signed WILLIAM Pu Es. Another Summous.
The last day March but one, the 1st and 2nd days April, the year above-mentioned,
Gawin Ramsey messenger, and one the
the said
have affixed presence of
of the said earl Bothwell made presence; ering submit himself
what charged with, according
and our fair trial
offence, more large forth Act Lennox, particularly his houses Glascow
inserted the Registers our said Privy and Dunbarton. And whereas sought him, Council. Therefore our pleasure, and we but could not find him person, nor her ma
enjoin and command you most expressly, that, jesty's other subjects, pretending have in incontinent these our' letters seen, you pro terest the prosecution the cause herein
ceed, and, our name and authority, summon sct forth, made Proclamation the anarket
the said. Matthew earl Lennox,
his own others our have inter
crosses the towns Glascow, Dumbarton,
house, appear together with
subjects, having and pretending
and Lanerk,
order make them appear
his deputy, Edinburgh,
burgh, Dumbarton, Glasgow, Innerk, and day April next ensuing, and
other places necessary, the end that they may prosecution with the queen our said sovereign appear before our ges, their deputies, lady, the action within mentioned, with the
before the judge the Market crosses our towns of Edin Senate-House
the said the said 12th join the
est this cause, public Proclamation made
our Senate-House Edinburgh, the said
12th day April next ensuing, and join with
the prosecution this cause, giving
summons, there declared, and according
the form and tenor of her letters, of which
have set copy on each the said crosses those markets. have done and
them sutuloons. And case that they not
appear, we order that our Judges, their executed the above before the witnesses that
deputies, shall proceed and give sentence the follow, viz. George Herbesoun, Nich. Andrew, some day, according the laws and customs Robert Letteric messenger; Wm. Sinollet,
our realm, without any farther delay pro John Hamilton, Jam. Bannatine, Robert lia Jongoon and that you summon every one milton, and many others. And further
then appear the same day, under the pe. testimony hereof, have signed these presents malty fine 401. Sterling, for which they with my sign inanual. GAwix RAMSEY, incs
shall al-ver before for their own act
SCInger.
and deed. And this end, give every
one you conjunctiy and severally our full The 1st day April, 1567, William power, these our lette's, the intent that Lawson, messenger, and sheriff constitute for wou may deliver and execute the duiv, and that part, went according the coinmand six indorse thern him who shall be the bearer nified the Commission our sovereign lady the cot. Given under our seal Edinburgh the markct cross Perth, and there,
Another Summons.
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905] STATE TRIALS, 9 Eliz. 1567. -for the Murder of Lord Darnley. [906
public Proclamation made according to law, I Bothwell, and others his accomplices, sum summoned Matthew earl of Lennox, and all moned appear this day, and charged other subjects of our said sovereign lady, having with the above mentioned act of the cluel and pretending to have interests, in order to Murder Henry king Scotland. And prosecute James earl Bothwell, lord of Hallis case that Archibald earl Argyle, Justice and Creygehton, &c. and others, for the cruel General this realm, proceed and take cogni Murder committed on the king; and have zance this fact, the said Mr. Henry, proctor affixed a copy on the said cross, according to above-mentioned, protested solemnly that this the form and tenor of these presents And trial should not prejudieial the said con this in presence of the witnesses hereafter stable, office, right, title, profit, jurisdiction, named, viz. James Mareschal, Alex. Borth and possession, any manner whatever; but with, and John Anderson, messengers, and that might exercise his said jurisdiction many others. And in further testimony of this such causes for time come, according
required registered
Creygehton, &c. are indicted on account of the Acts, and affirmed that the jurisdiction the cruel and horrid Murder of the most excel the present judge ought not allowed
lent, most high and most mighty prince the this case.
king, the late most dear spouse of the queen's The Judge having regard this Protesta majesty, our sovereign lady, committed in the tion, did, advice his assessor, decree, dead of the night, at his house near the Church that would take cognizance the fact not of the Fields in this city, as he was taking his withstanding, since nothing had been produced rest, by treasonably setting fire to a great the said Mr. Henry, verify the contents
quantity of gunpowder in the said house, by what had alledged and protested: Of the violence where of the whole house was all which the earl Bothwell demanded an Act blown up into the air, and the king himself by and Instrument.
you killed traiterously and cruelly, wilfully, The said Matthew earl Lennox, and other and by premeditat d felony. And this you subjects our sovereign lady, having and pre
my Execution and Indorsement, I have signed the seisin his office, and take cognizance these presents with my sign manual. Signed them, his predecessors had been used accordingly, WILLIAM L. Awson, messenger, the like case. This would make appear, with my own hand. the which his predecessors had
F. The Indictment. times and
otherwise; You James earl Bothwell, lord of Hallis, that this Protestation should
and
did the 9th day of Feb. last past, in the dead of tending have interest the night as aforesaid, as is notorious, and you being called several times cannot deny. join with the said Advocates
this prosecution, appear, and prosecuting the
Upon the producing of which Letters, so said action, there appeared Robert Cunning exceuted, indorsed, and published, the said ham, who called himself servant the said Advocate demanded an Act and instrument in Matthew earl Lennox, and exhibited
the court, and required that the Judge should Writing, signed with his own hand full roceed according to the form of them. court, being authorized thereunto, and made These Letters being read in Judgment with Protestation and Requisition the whole,
the indorsements, the judge, by virtue thereof, agreeable the said writing; which the
ordered the said James earl Bothwell to be called as Defendant of the one part, and Mat
thew earl of Lennox, and other subjects
our said sovereign lady, pretending prosecute
this matter, Plaintiffs the other part my master my lord Lennox, declare the that they might appear court, and exhibit cause why this day absent, having full their Complaints and Defences, according
the laws of the realin.
And immediately appeared Judgment the
said James earl Bothwell, and entered the
Court person; after which close master
IDavid Bothwick Lutchill, and Mr. Edmund
Hay, for his Advocates, who appearing also
Judgment, were admitted the Judge for that effect.
Appeared also Mr. Henry Kinloch, calling
himself proctor for his master Andrew lord Errol, constable Scotland, and alledged, that the constable of the realin had all times been owned the only judge competent men
that quality, when accused having com mitted murder and bloodshed near the prince's chamber, and four miles round; and therefore his said master being present constable this realm, ought judge James earl
the time allowed him, and that
hindered
tenor follows:
The Protestation the Earl Lennor. My lords, am come hither, being sent
power from him for that effect, The cause then of his absence
the truth
the shortness
have his friends and servants, who ought accompany him for honour, and the safety his person, considering the strength the opposite party, and that has assistance from any his friends, but must stand him
self: Therefore his lordship has commanded me require another competent day, accord ing the importance this cause, that
may here present; but you will proceed now, protest, that may, without offence any person, make use the authority com mitted me my said lord and master, which demand Act. —Item. protest, that
those who assist this Judgment and In quest upon the persons accused, undertake
acquit them the king's Mulder, that
-
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907] STATE TRIALs, 9 Eliz. 1367–Trial of Earl Bothwell, [903. shall be held as a voluntary error, and not of the said cruel Murder, most humbly request
ignorance; since it is notoriously known who
they are that have murdered the king, as my said lord and master affirms; of which Pro
testation I require an Act thus signed, Robert Cunningham: of the production of which
Writing and Protestation the said Robert de manded an Act and Instrument.
The Judge considering the Writing and Pro
testation produced by the said Robert Cun
ningham, and having regard to the Letters sent
to our sovereign lady, by Matthew earl of Len
nox, also produced and read in judgment, the
tenor of which is hereafter inserted ; by which
Letters and Writing the said earl of Lennox
requires, that a brief and summary trial inay
be made of this cause : and having also regard
to the Act, and the Order thereupon taken by
the lords of the privy-council, and other such Placarts shall found false and
things; and to what the advocates insist upon as to the same fact, requiring that justice may
be done to the said earl Bothwell; and taking notice likewise of the Request and Demand which he has made, that the whole may be thoroughly examinci ; the Judge, by the ad vice of the lords and barons his assistants, found that they ought to proceed to the deci sion of the said Cause the same day, according to the laws of the realm, notwithstanding the
your majesty, for the honour God, and for that your majesty and your realm, and for the welfare and peace that you would
pleased not only cause those who are named the said placarts apprehended
and put safe custody, but likewise assem
ble your nobility with and then summon
authors the said Placarts
ends therein mentioned; and they appear not, your majesty may, the advice your nobility and council, set liberty those who are therein named. Your majesty will honourable act bringing this matter this issue, that according the matter shall appear
your majesty, you may punish and chastise
the authors this cruel fact;
the said
pleasure. Madam, pray God Almighty take your majesty into his protection and safe guard, and preserve you health and happy prosperity. From Howstoun the 26th Feb.
Second Letter from the Earl Lennor. MADAM, beseech your majesty attend
what follows: Your highness your last let
validity, acquitted and set liberty, according your majesty's good
those who are charged may
possible diligence, Proclamation the appear for the
Writing and Protestation produced by the said
Robert Cunningham, and that in the mean
time he shall be admitted to join with and as the door the Senate-House Edinburgh,
sist the said advocates, for the final Trial - of the said cause, if he thinks good.
such persons thought worthy condemna tion, for the Murder the king your majesty's husband, you would, according my advice,
Trial, this realm, and the nature the crime required. May therefore please your majesty know, that from the etters which I received the 24th of this pre time received your said Letters, always ex
sent month: by which I perceive that it is pected that some those bloody murderers your majesty's pleasure to put off the Trial of would made openly known you but this late execrable fact, till the Parliament since perceive they are not, cannot find meets. May it please your majesty to consi my heart conceal them from you any longer. der, that though I be assured that your highness Your majesty therefore has here the Names must needs think the time long till the truth of those whom greatly suspect, viz. The earl this fact be found out, and the authors of it Bothwell, sir James Balfour, and Gilbert Bal punished according to their demerits; yet I four his brother; master David Chamers; most humbly beg pardon of your majesty for black master John Spence; the sieur Francis troubling and importuning you so often as I am cus Bastian, John Buordeaux, and Joseph,
forced to do, the affair being such as touches the brother Davy Rizio whom most me so near; and therefore most humbly re humbly besecch your majesty, according my
Copies of the Letters scut to the Queen by the w Earl of Lennor.
make according
your
the laws
bring them
MADAM ; I return most humble thanks to your majesty for the gracious and consolotary
quest, that your majesty would take in good former Petition, not only
part my advice as follows: It that too hended and committed
long wait for the meeting the parliament; also with diligence
besides, this not affair that sort, which and council, and then take such advice
uses such, and
every one,
treated parliament, but being about the fact the persons abovementioned, great importance, evident they may duly examined. And
ought ratler inquired into hope, make doubt, but that proceed
with diligence, that the authors may suffer ing this anner, the spirit God will assist exemplary punishment. know that your toward bringing good conclusion. Here
majesty much more able judge than your majesty will act holy and ho but being informed that certain i*lacarts nourable for yourself, who are party, and Writings have been affixed the Gate of highly satisfy those who stand any relation the Senate-(Iouse Edinburgh, which answer the deceased, whom you loved dearly.
your majesty's first and second Procla And not doubting that your majesty will give mation, and named some persons authors proper orders for the whole, according the
*
ters acquainted me, that there were any names the Placarts, which were set up
business
cause appre
safe custody, but assemble your nobility
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909] STATE TRIALS, 9 Eliz. 1567–for Murder
Lord Darnley. [910
importance the matter (as
beseech you do) shall pray
God take you into his protection,
you long life and health with grace, that your
reign may both long and prosperous. How was made George earl Caithness, Chan stoun, March 17.
Rothes, Caithness, Gilbert earl
Andrew earl
earl
Boyne.
The above-named
being chosen, admitted, and sworn give sentence according cus
tom, and the earl Bothwell being accused Indictment the crime above declared, and submitting and referring himself the Sen tence the said Judges, they went out the Senate-House another place and after hav ing long disputed together upon the articles of the said Accusation, they did each them, one after another, declare the said James earl
most humbly Almighty and give
clerk general
the said court, under my Signed, John Bellenden,
Jury deported for Bothwell.
George
Cassils, lord John
Hamilton, commendator
duke, James lord Rosse, Itobert lord Semple, counted the 10th day: and John Maxwell lord Harris, Lawrence lord Oli that way, but cavillingly defended. phant, John master Forbes, John Gourdon The Proclamations and Placarts,
Lochinvar, Robert lord Boyde, James Cock burn Lanton, John Sommerville Cumbus methan, Moubray Barnbougal, and Ogilbye
The Names the Judges the Absolution the Earl
sign, manual.
clerk of the court.
Note, That the same time Protestation
cellor the said Assize, that the said Dictate Indictment was not this point true, viz. al ledging the murder committed the 9th day Feb. , for that indeed the murder was committed the next day, being the 10th day the morning, two hours after midnight,
Arbroth, son the which law was and ought
truly ac- the acquittal
happened after, were follows.
Incontinent after the Murder the king, the 10th February, 1566, Proclamation was issued, setting forth, that whoever would dis
cover the Murderers should, have 2000l. ster ling. This Proclamation was answered Placart, fixed the door the Senate-house
Edinburgh, the 16th day February,
form follows: “Whereas public Notice has been given, that whosoever will discover the “Murderers the king, should have 2000l.
‘sterling; who have made enquiry those
“who committed the act itself, affirm, that the ‘authors of the said Murder are the earl of “Bothwell, sir James Balfour, the curate Elisk, “master David Chainbers, and black master ‘John Spens, who above was the principal ‘author this Murder; and the queen, who ‘consented the persuasion the said
Answer them mentioned the Trial, and others that
Bothwell quit and absolved
the Murder whatever depended
the whole, and the king, and
every part general CuSat10n.
testa
the said ac Afterwards, the said George earl Caith
president the said Trial the Jury) well his own
duced give any other opinion than they had
done before the rather because nobody had proved the truth the Accusation, nor
much any part and that accuser appeared but the above-mentioned, who were
presented order carry the Trial: and therefore the Judges having regard the
same, declared him free far they could
ness, chancellor Foreman
name that
Act, the end that well the advocates,
the said Robert Cuningham, having proxy
from the earl Lennox, and all others whom
soever, might debarred hereafter from pro
ducing any other Writing Proofs what
soever, order support the said Indict and more
the other judges, demanded
earl Bothwell, the witchcraft the lady Buccleugh. ”—Upon this, another Proclama
ment, and that the Judges might not in
her council should think fit.
To this the following Answer was given and set the same place the day following-- “Forasmuch as Proclamation has been issued “since set my former, requiring that “should come subscribe and own it; for An “swer likewise require, that the money “may consigned into the hands some mail
substance, and will appear next Sunday,
and four others with me, and then will sub scribe and maintain what have said. More
the fact, with Pro }. tion, that this might not afterwards im
have any knowledge
fault. Which Act and when the said earl Caithness
president and some the judges above-men “prehended; and will declare what each
ro
them
Joseph queen's goldsmith, may ap ‘and the
testation,
tioned, returned the court the Senate House, and before the pronouncing the aforesaid Sentence, was, the request the said earl Caithness, read publicly, and full court, and he demanded an Act and Instru ment protesting above.
Extracted from the Registers our sovereign lady's court
‘them and their accomplices did particular. ” To this no answer was returned.
Though the earl Bothwell was acquitted above-mentioned, yet knowing that the world
did still esteem him guilty, did, order clear himself further, set Paper the Market-place, bearing, that albeit had been
acquitted law, yet make his innocence the more manifest, was ready try the same
single combat, with any man honourable
me John Bellenden Auchnoule knight, and
the Acts justice,
tion was issued the same day, requiring the per
son who had set and subscribe
the sum promised
the Placart appear, own, person, that might have the former Proclamation, deserved the queen and
“over, require that the Sieur Francis Bastein,
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