judge better of the matter than Mr. Serjeant does. I met by chance a servant of Wyatt's, who asked me where Winter was, saying, his master would gladly speak with him; and then, without any further declaration, he desired me, if I saw Winter, to let him know his master's mind, and where he was; and this is all that was done about sending Winter down.

Attorney-General. Yea, sir, what have you to say about taking the Tower of London, which is treason?

Sir N. T. I answer thus; though Wyatt thought meet to attempt so dangerous an enterprise, and Winter informed me of it, you cannot intend Wyatt's devices to be mine, to bring me within the compass of treason. For what manner of proof or reasoning is there in this? Wyatt would have taken the Tower, ergo, Throckmorton is a traitor: Winter clears me by his own Confession, as now read by Mr. Serjeant, though I were to say nothing, for Winter declares there that I said I did much mislike it; and because you may the more fully understand that I always disapproved of those practices of Wyatt, I further said these words to Winter when he acquainted me with it, I think Wyatt would willingly hurt no Englishman, and this enterprise cannot be carried on without blood and slaughter on both sides; for I know him who has the charge of the Tower, and his brother also; they are both brave men; one of them had in charge a fortress of great importance, I mean Boulogne, which was stoutly assailed, and yet he bravely defended it in his time; I am sure he will do the same by this charge; besides, to conspire to take the Tower, is very dangerous in construction of law.' These were my words to Winter; neither is it at all likely that I of all men would confederate in such a matter against the Lieutenant of the Tower, whose daughter my brother had married, and his house and mine allied by several intermarriages within these few years.

Hare. What have you to say to this, that Wyatt and you have had several conferences together at Warner's house and other places?

Sir N. T. This is a very general charge, to have conferences together; but why was it not as lawful for me to confer with Wyatt, as well as with you or with

VOL. I.

H

any other man? I then knew no more by Wyatt than by any other man; and to prove to you, that to talk with Wyatt was lawful and indifferent, I saw my Lord of Arundel with other noblemen and gentlemen talk familiarly with him in the presence-chamber.

Hare. But they did not conspire or talk of any insurrection against the Spaniards, as you pretended and designed against the Queen; for you, Crofts, Rogers, and Warner, several times in Warner's house, conferred about your traitorous designs; or else what did you so often there?

Sir N. T. I confess I did mislike the Queen's marriage with Spain, and also the coming of the Spaniards hither and I thought I had reason to do so; for I did learn the reasons of my misliking from you, Master Hare, and Master Southwell, and others in the Parliament House, where I saw the whole consent of the realm against it; I being a hearer, and no speaker there, had my dislike of those matters confirmed by the several reasons amongst you against them; but as for any commotion or uproar against the Spaniards, I never made any, nor procured any to be made; and as for resorting so frequently to Mr. Warner's house, it was not in order to confer with Wyatt, but to shew my friendship to my very good Lord, the Marquis of Northampton, who lodged there when he was enlarged.

Stamford. Did not you tell Winter, that Wyatt had altered his mind about surprising the Tower? By this it plainly appears you were privy to his designs.

Sir N. T. Truly I did not tell him so; though I do not care if I give you that weapon to play with; let us see what use you can make of it.

Stamford. Nay, it proves you were privy to Wyatt's treasons and devices, and that there was a correspondence from time to time carried on between you.

Sir N. T. What doth this prove against me, that I knew Wyatt had repented of an evil devised enterprise? Is it a sin to know of Wyatt's repentance? It can at most but be a venial sin, if any at all; it is surely not deadly. But where is the messenger or message sent me by Wyatt concerning the alteration of his mind? and *See ante p. 47.

yet it was as lawful for me at that time to hear from Wyatt as from any body else, in respect to any ill that I know to be done by him.

Dyer. My Lords, and you my masters of the jury, we have still many things to declare, in order to prove that Throckmorton was a principal actor in this rebel lion; and among others there is the Confession of Crofts, who says, "that he and you, and your accomplices, many times conferred about the whole affair; that he made you privy to all his designs, and that you gave him to understand you would go into the west with the Earl of Devonshire, to Sir Peter Carew, with others along with you."

Sir N. T. Master Crofts is still living and is here this day; how comes it to pass that he is not brought face to face to justify this matter, and has not been all this while? Will you know the truth? Either he did not say so, or he will not stand to it, but honestly has reformed himself. And as for my knowing his designs, I was so little acquainted with them, that I cannot name one of them, nor you neither, as matter known to me.

Attorney-General. Why did you advise Winter to land my Lord Privy Seal in the West Country?

Sir N. T. He that told you that it was my mind to land him there, has partly given you the reason of my saying so, if you would remember the one as well as the other; but because you are so forgetful, I will tell you why it was:-Winter, in my conversation with him, having said, "that as the Spaniards were making preparation to convoy their prince over into England, so the French were providing a force to intercept him in his voyage; for they began to arm to the sea, and, as he was informed, had already some ships on the west

* Sir James Crofts appears to have undergone strange vicissitudes of fortune. In the reign of Edward VI. he was Lord Deputy of Ireland. He was tried a few days after Throckmorton for treason, in being concerned in Wyatt's rebellion, found guilty, and sentenced to death. He was pardoned after a long imprisonment, and in 1557, about three years after his conviction, we find him a member of the council in the north, and highly commended by Lord Shrewsbury, the president, Under Elizabeth he was Comptroller of the Household,

coast." To this I replied, "that perhaps the Queen's ships under his command would not only be in danger, but also my Lord Privy Seal and all his train, the French being so well provided to meet them; and therefore, said I, for all events, it were good you should land my Lord in the West, in case you should see any danger.” But what treason is there in all this, even if I were not able to give convenient reasons for all my conversations?

Stamford. Marry, sir, now comes the proof of your treasons, you shall hear what Cuthbert Vaughan * says against you.

Then Serjeant Stamford read Vaughan's Examination to this effect: That Vaughan, coming out of Kent, met Throckmorton at Mr. Warner's house, who after he had done commendations from Wyatt to him, desired to know 'where Crofts was; Throckmorton answered, "Either at 'Arundel House, where he lodges, or Paul's;" then 'Vaughan desired to know how things went at London, 'saying, "Master Wyatt, and we of Kent, do much mislike the marriage with Spain, and the coming of the Spa'niards upon several accounts; however, if other counties 'dislike them as much as Kent doth, they shall have but a sorry welcome;" and so they parted. Soon after Throckmorton met Vaughan in Paul's, and told him, together with several circumstances, "that the western men were in readiness to come forward; that Sir Peter ⚫ Carew had sent to him just then, and that he had a good

*Vaughan himself had a narrow escape, as appears from the following minutes of the Privy Council:

17th Feb. 1553-4.-" A letter to the Lieutenant of the Tower to deliver to Sir Robert Southwell, Sheriff of Kent, the bodies of Alexander Brett and Cuthbert Vaughan, to be by him done to execution, in the said countie of Kent, according to his instructions in that behalf."

18th Feb. 1553-4.-"A letter to the Lieutenant of the Tower to stay the delivery unto the Sheriff of Kent, of Cuthbert Vaughan, notwithstanding the former letter; the same Cuthbert being to be communed with, touching the debts and other things between his wife and her children.” His execution was probably respited supon his discovering some disposition to make disclosures respecting the rebellion,

troop of horse and a band of foot." Then Vaughan asked "what the Earl of Devonshire would do;" Throckmorton answered, "He will mar all, for he will not go 'from hence, and yet Sir Peter Carew would meet him with a body of horse and foot by the way at Andover for his safeguard, and he should also be well attended "from hence with other gentlemen; and yet all this will not move him to depart from hence; moreover the said Earl hath, as is said, discovered the whole matter to the Chancellor, or else it has come out by his tailor who has blabbed about fitting up his coat of mail and making his cloak." At another time Throckmorton showed him he had sent post to Sir Peter Carew to come forward • with as much speed as possible with his force*; and Throckmorton also advised Vaughan to "will Wyatt to come on with his power, for now was his time, inasmuch as the Londoners would take his part if the matter was presented to them." Vaughan said also that Throckmorton and Warner were to have ridden with the Earl of Devonshire westward; and that Throckmorton, when they were talking of the Earl of Pembroke, let him know 'that that Earl would not fight against them, though he 'would not side with them. That Throckmorton told him he would ride down into Berkshire, to Sir Francis • Englefield's house, there to meet his eldest brother, and 'persuade him to take his part.'

6

Stamford. How say you, Throckmorton, is not here evident matter to prove you a principal, who not only gave order to Sir Peter Carew and his adherents for their rebellious acts in the West, but also incited Wyatt to make his rebellion, giving him and the others also from time to time directions when they should enter upon their enterprise, and how they should order their doings? Besides all which evident matter, you were particularly appointed to go away with the Earl of Devonshire, as a person who was to direct every thing and give order to all men; and therefore since the evidence is so apparent I would advise you to confess your fault and submit yourself to the Queen's mercy.

Bromley, C. J. How say you; will you confess the matter? It will be best for you.

This is extremely like an overt act of levying war.