The Attorney-General Griffin was an ancestor of the present Lord Braybrook. He had been SolicitorGeneral to Henry VIII, and Attorney-General to Edward VI. He held the latter office during the whole of the reign of Mary, and retired into the country on the accession of Elizabeth. He died in 1569, possessed of the lordships of Gumley and Braybrooke, in the County of Leicester.*

THE TRIAL.

After Proclamation made, and the Commission read, the Lieutenant of the Tower brought the prisoner to the bar, and he was arraigned as follows:

Sir Nicholas Throckmorton, Kt, hold up your hand; your are indicted of High Treason; in that you falsely and traitorously compassed and imagined the death of the Queen's Majesty, and levied war against her, within her realm, and adhered to the Queen's enemies within her realm, giving them aid and comfort; and also conspired and intended to depose and deprive the Queen of her royal state, and so finally to destroy her; and that you also falsely and traitorously devised and intended to take the Tower of London by force and violence. Of all which Treasons, and every of them, in manner and form aforesaid, Are you Guilty or Not Guilty?

Sir N. T. May it please you, my Lords and Masters, who, by the Queen's Commission, are authorized to be my judges this day, before I plead to the indictment, to give me leave to speak to you a few words which concern both you and me, and which are not altogether impertinent to the subject-matter in hand.

Bromley, C. J. The order is not so, you must first plead Guilty or Not Guilty.

Sir N. T. If that be your law and order, you may judge accordingly.

Hare. You must first answer to the matter wherewith you are charged, and then you may talk at your pleasure.

* Nichol's Leicestershire, vol. ii, p. 588.

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 showed 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 show 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.'

6

* 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 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 remember 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 oversights, 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 trea

sons.

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,"