Sir N. T. But things spoken out of place were as good as not spoken at all.

Bromley, C.J. These are but delays to waste the time, and therefore you must answer as the law directs.

Sir N. T. My Lords, I pray you make not too much haste with me, nor to think it long before dinner-time come, for my case requires leisure; and you will not well dine unless you have done justice truly. Christ hath said, "Blessed are they that hunger and thirst for righteousness."

Bromley, C. J. I can forbear my dinner as well as you, Sir Nicholas, and perhaps care as little for it as yourself.

E. of Shrewsbury. Do you come hither, Throckmorton, to check the Court? We will not be used so, no, no; for my own part I have forborne my breakfast, dinner, and supper, to serve the Queen.

Sir N. T. Yea, my good Lord, I know it right well; I meant not to touch your Lordship, for your pains and service are evidently known to all men.

Sir R. Southwell. Sir Nicholas, there is no occasion for this discourse; we know what we have to do, and you pretend to teach us our duty; you do yourself an injury; go to go to!

Sir N. T. Master Southwell, you mistake me, I meant not to teach you or any of you; but to put you in mind of that which I hope you are well informed of, and therefore since I may not speak, I shall satisfy myself that you all know what you have to do, and ought to know; so I answer to the indictment, and do plead Not Guilty to the whole, and to every part of it.

Officer. How will you be tried?

Sir N. T. Shall I be tried as I would, or as I should? Bromley, C. J. You shall be tried as the law requires, and therefore you must say, By God and by the country.

Sir N. T. Is that your law for me? It is not as I would, but finding you will have it so, I am content, and desire to be tried by faithful just men, that fear God more than the world.

Before the jury were called, the Attorney-General went to Sir Roger Cholmley, the Recorder, and shewed him the pannel, telling him, that being acquainted with the

citizens, he knew their corruptions and dexterities in affairs of that nature; and the Recorder named some of them who ought to be challenged on the Queen's behalf : this was a rare case, and the men were known to be sufficient and indifferent citizens, against whom no exceptions ought to be taken, unless it were upon the account of their uprightness and honesty. Nevertheless, Mr. Attorney whispering Serjeant Dyer, he peremptorily challenged two citizens for the Queen. The prisoner asked them the reason of the challenge. To which the Serjeant answered, We need not shew you the cause of challenge for the Queen.

Sir N. T. I trust ye have not provided for me this day as formerly I knew a gentleman used, who stood in the same place and circumstance as I do. It chanced that one of the Judges being suspicious that the prisoner, by reason of the justice of his cause, was like to be acquitted, said to one of his brethren, when the jury appeared; "I do not like this jury, they are not fit for our purpose, they seem to have too much compassion and charity to condemn the prisoner." "No, no," said the other Judge, Cholmley by name, "I'll warrant you they are fellows picked on purpose, and he shall drink of the same cup his fellows have done." I was then a spectator of the pageant, as others are now; but now, woe is me! I am an actor in that woeful tragedy. Well, as for those and such others like them, the black ox hath lately trodden on some of their feet*: but my trust is, I shall not be so used.

Whilst this talk was, Cholmley consulted with the Attorney-General about the jury, which the prisoner observing said; "Ah, ah! Master Cholmley, will this foul packing never be left?" "Why, what do I, I pray you, Master Throckmorton," said Cholmley, "I did nothing, I am sure. You do pick quarrels with me." Sir N. T. "Well, Master Cholmley, if you do well, it is better for you, God help you."

*In this expression Throckmorton probably refers to Cholmley, who had been imprisoned for some time on suspicion of favouring the Lady Jane Grey.

"The black ox never trod on his foot," i. e. he never knew what sorrow or adversity meant.—Ray's Proverbs.

Then the jury was sworn, and proclamation made, That whoever had anything to give in evidence against Sir Nicholas Throckmorton, Kt., they should come in and be heard, for the prisoner stood upon his deliverance; whereupon Serjeant Stamford presented himself to speak, but Sir Nicholas said, May it please you, Master Serjeant, and the others my masters of the Queen's learned Counsel, in like manner as I was minded to have said a few words to the Commissioners, if I might have had leave, for their better remembrance of their duties in this place of justice, and the impartiality to be used towards me this day; so by your patience I do think good to say somewhat to you and to the rest of the Queen's learned Counsel, appointed to give evidence against me. And albeit you and the rest be by order appointed to give evidence against me, and retained to set forth the depositions and matter against me, yet I pray you re1 member I am not alienate from you, but that I am your Christian brother; neither are you so charged, but you ought to consider equity, nor yet so privileged, but that you have a duty appointed you by God, how you shall do your office; which, if you exceed, will be grievously required at your hands. It is lawful for you to use the gifts, which I know God hath largely given you, your learning, art, and eloquence, so as thereby you do not seduce the minds of the simple and unlearned jury, to credit matters otherwise than they really are. For, Master Serjeant, I know how by persuasions, implications, presumptions, inferences, and conjectures, the circumstances, as well as the Depositions and Confessions, may be so wrested and disfigured that unlearned men may be enchanted to think things which are indifferent, or at the worst, mere over-sights, to be great treasons; such power orators have, and such ignorance the unlearned have. Almighty God, by the mouth of his prophet, doth conclude such advocates to be cursed, saying, "Cursed is he that doth his office craftily, corruptly, or maliciously!" Consider, therefore, I beseech you, that my blood shall be required at your hands, and punished in you and yours to the third and fourth generation. Notwithstanding you and the Justices excuse always such erroneous doings, when they be after called

in question, by the verdict of the twelve men; but I assure you, the purgation serveth you as it did Pilate, and you wash your hands of the blood-shed, as Pilate did of Christ's. And now to your matter.

Stamford. My Lords, I do not doubt but evidently and manifestly to prove that Throckmorton is justly and deservedly indicted and arraigned of the treasons laid to his charge, and that he was a principal deviser, procurer, and contriver, of the late rebellion, and that Wyatt was but his minister. How say you, Throckmorton? Did you not send Winter to Wyatt in Kent, and devise to take the Tower of London, with other instructions concerning Sir Thomas Wyatt's rebellion?

Sir N. T. May it please you, my Lords, that I answer these things which are laid to my charge separately one after another, for my memory is bad, and much decayed since my grievous imprisonment, with want of sleep and other inquietudes: I confess I did say to Winter, that Wyatt was desirous to speak with him as I understood. Stamford. Yes, sir, and you devised together the taking of the Tower of London, and of other great treasons. Sir N. T. No, I did not so: prove it.

Stamford. Yes, sir, you met Winter several times, and in several places, as shall appear.

Sir N. T. Suppose it was so, this proves nothing of what is suggested in the indictment.

Here Serjeant Stamford read Winter's Examination, which was to this effect: That Throckmorton met 'Winter one day in Tower-street, and told him, Sir • Thomas Wyatt was desirous to speak with him; Winter ' demanded where Wyatt was? Throckmorton answered, "At his house in Kent, not far from Gillingham." That soon after Throckmorton met Winter again, and Winter said, "Master Wyatt doth much mislike the coming of the Spaniards into this realm, and feareth their short arrival here, as he daily heareth thereof, and doth see daily divers of them arrive here, scattered like soldiers, ' and therefore he thinketh that the Tower of London should be surprised before the arrival of the Prince, lest "that piece should be delivered to the Spaniards. What say you to it, Throckmorton?" Throckmorton answered, I mislike it upon various accounts." "Even so do I,"

" said Winter. That at another time Throckmorton met • Winter in St. Paul's, and said, “You are Admiral of the Fleet now going to Spain." Winter answered "Yes." Then Throckmorton asked, "When will your ships be ready?" "Within ten days," said Winter. Throckmorton said, "I understand you are appointed to conduct the Lord Privy Seal into Spain, and seeing the danger there is from the French, who do arm themselves for the sea apace as you say, I think you would do well to put my lord and his train ashore in the West Country, to avoid all danger." Throckmorton said also, "that Wyatt had changed his purpose of seizing the Tower." Winter ⚫ said, He was glad of it: and as for the French, he cared not much for them. He would so handle the ⚫ matter, that the Queen's ships should be safe." Another ⚫ time Winter met Sir Nicholas Throckmorton when he came from the Emperor s Ambassadors, and Winter told · him, "that the Emperor had sent him a fair chain, which 'he shewed unto Throckmorton;" who said, "For this 'chain you have sold your country." Winter replied, "Neither the Emperor nor French King can make me ⚫ sell my country, but I will be a true Englishman ;" and ⚫ then they parted. This was the sum of the talk between Throckmorton and Winter.'

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Then Serjeant Stamford turning to the jury, said, Now, my Masters of the jury, you have heard my words confirmed by Winter's Examination. How say you, Throckmorton, can you deny this? If you will, you shall have Winter justify it to your face.

Sir N. T. My Lords, shall it please you that I answer? Bromley, C.J. Say what you have a mind.

Sir N. T. I may truly deny some part of this Confession; but because there is nothing very material in it, I will suppose the whole to be true; what is there in this Deposition sufficient to bring me within the compass of the Indictment?

Stamford. It appears you were in consultation with Wyatt, since you sent Winter down to him, who declared several traitorous designs to him.

Sir N. T. All this is but conjecture; but since you will construe it so maliciously, I will relate how I sent Winter to Wyatt, and then I pray you of the jury, to