many great personages, and others of good behaviour, hath been most cruelly cast away by these former sanguinolent thirsty laws, with many other suggestions for the repeal of the same. And now let us put on indifferent eyes, and thoroughly consider with ourselves, as you the Judges handle the constructions of the statute of Edw. 3d, with your equity and extensions, whether we be not in much worse case now than we were when those cruel laws yoked us. These laws albeit they were grievous and captious, yet they had the very property of a law after St. Paul's description: for those laws did admonish us, and discover our sins plainly unto us; and when a man is warned, he is half armed. These laws, as they be handled, be very baits to catch us, and only prepared for the same, and no laws; for at the first sight they ascertain us we be delivered from our old bondage, and by the late repeal of the last parliament we live in more security. But when it pleaseth the higher powers to call any man's life and sayings in question, then there be constructions, interpretations, and extensions reserved to the justices and judges equity, that the party tryable, as I am now, shall find himself in much worse case, than before when those cruel laws stood in force. Thus our amendment is from God's blessing into the warm sun; but I require you honest men, which are to try my life, consider these opinions of my life: judges be rather agreeable to the time, than to the truth; for their judgments be repugnant to their own principle, repugnant to their godly and best learned predecessors opinions, repugnant, I say, to the Proviso in the Statute of Repeal made in the last parliament. Attorney. Master Throckmorton, quiet yourself, and it shall be the better for you. Throckmorton. Master Attorney, I am not so unquiet as you be, and yet our cases are not alike; but because I am so tedious to you, and have long troubled this presence, it may please my Lord Chief Justice to repeat the Evidence, wherewith I am charged, and my Answers to all the Objections, if there be no other matter to lay against me. Then the Chief Justice Bromley remembered particularly all the Depositions and Evidences given against the prisoner, and either for want of good memory, or good will, the prisoner's Answers were in part not recited: whereupon the prisoner craved indifferency, and did help the Judge's old memory with his own recital. Sendall. My Masters of the Jury, you have to inquire, whether sir Nicholas Throckmorton, knight, here prisoner at the bar, be guilty of these Treasons, or any of them, whereof he hath been indicted and this day arraigned, yea or no: And if you find him Guilty, you shall enquire what lands, tenements, goods, and chattels he had at the day of his Treasons committed, or at any time since; and whether he fled for the Treasons or no, if you find him not guilty. Throckmorton. Have you said what is to be said? VOL. I. Sendall. Yea, for this time. : Throckmorton. Then I pray you give me leave to speak a few words to the Jury: The weight and gravity of my cause hath greatly occasioned me to trouble you here long, and therefore I mind not to entertain you here long with any prolix oration you perceive notwithstanding this day great contention betwixt the Judges and the queen's learned council on the one party, and me the poor and woeful prisoner on the other party. The trial of our whole controversy, the trial of my innocency, the trial of my life, lands, and gouds, and the destruction of my posterity for ever, doth rest in your good judgments. And albeit many this day have greatly inveighed against me, the final determination thereof is transferred only to you: low grievous and horrible the shedding of innocents blood is in the sight of Almighty God, I trust you do remember. Therefore take heed, I say, for Christ's sake, do not defile your consciences with such heinous and notable crimes; they be grievously and terribly punished, as in this world and vale of misery upon the children's children to the third and fourth generation, and in the world to come with everlasting fire and damnation. Lift up your minds to God, and care not too much for the world; look not back to the fleshpots of Egypt, which will allure you from heavenly respects to worldly security, and can thereof neither make you any surety. Believe I pray you, the queen and her magistrates be more delighted with favourable equity, than with rash cruelty; and in that you be all citizens, I will take my leave of you with St. Paul's farewell to the Ephesians, citizens also you be, whom he took to record that he was pure from shedding any blood; a special token, a doctrine left for your instruction, that every of you may wash his hands of innocents bloodshed, when you shall take your leave of this wretched world; the Holy Ghost be amongst you. Sendall. Come hither, serjeant, take the Jury with you, and suffer no man to come at them, but to be ordered as the law appointeth, until they be agreed upon their Verdict. Throckmorton. It may please you my lords and masters which be Commissioners, to give order, that no person have access or conference with the Jury, neither that any of the queen's learned council be suffered to repair to them, or to talk with any of them, until they present themselves here in open court, to publish their Verdict. Upon the Prisoner's suit on this behalf, the Bench gave order, that two scrjeants were sworn to suffer no man to repair to the Jury, until they were agreed. Then the prisoner was by commandment of the Bench withdrawn from the bar, and the court adjourned until three of the clock at afternoon; at which hour the Commissioners returned to the Guldball, and there did tarry until the Jury were agreed upon the Verdict. And about five of the clock, their agreement being advertised to the Commissioners, the 3 N said prisoner, sir Nicholas Throckmorton, was again brought to the bar, where also the jury did repair; and being demanded whether they were agreed upon their Verdict, answered universally with one voice, Yea. Then it was asked, who should speak for them; they an-swered, Whetston the foreman. Sendall. Nicholas Throckmorton knight, hold up thy hand. Then the Prisoner did so upon the summons. Sendall. You that be of the Jury, look upon the prisoner. The Jury did as they were enjoined. Sendull. How say you, is master Throckmorton knight, there prisoner at the bar, guilty of the Treasons whereof he hath been indicted and arraigned in manner and form, yea or no? Whetston. No. Sendall. How say you, did he fly upon them. Whetston. No, we find no such thing. Throckmorton. I had forgot to answer that question before; but you have found according to truth: and for the better warranty of your doings, understand that I came to London, and so to the queen's counsel unbrought, when I understood they demanded for me; and yet I was almost an hundred miles hence, where if I had not presumed upon my truth, I could have withdrawn myself from catching. Bromley How say you the rest of ye, is Whetston's Verdict all your Verdicts? The whole Inquest answered, Yea. Bromley. Remember yourselves better, have you considered substantially the whole Evidence in sort as it 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 prisoner, and his Answers to all these matters, and accordingly we have found him not guilty, agreeable to all our consciences. Bromley. If you have done well, it is the better for you. Throckmorton. It is better to be tried than to live suspected: Blessed be the Lord God of Israel, for he hath visited and redeemed his people, and hath raised up a mighty Salvation for us in the house of his servant David.' And it may please you my Lord Chief Justice, forasmuch as I have been indicted and arraigned of sundry Treasons, and have according to the law put my trial to God and my country, that is to say, to these honest men which have found me not guilty; I humbly beseech you to give me such benefit, acquittal, and judgment, as the law in this case doth appoint. When the Prisoner had said these words, the commissioners consulted together. Throckmorton. May it please you my lord chief justice to pronounce Sentence for my discharge. Bromley. Whereas you do ask the benefit that the law in such case doth appoint, I will give it you, viz. That where you have been indieted of sundry high Treasons, and have been here this day before the queen's commissioners and justices arraigned of the said Treasons, whereunto you bave pleaded Not guilty, and have for a trial therein put yourself on, God and your country, and they have found you Not guilty, the court doth award that you be clearly discharged paying your fees. Notwithstanding, master Lieutenant take him with you again, for there are other matters to charge him with. Throckmorton. It may please you my lords and masters of the queen's highness's privy coun sel, to be on my behalf bumble suitors to her majesty, that like as the law this day (God be praised) hath purged me of the Treasons wherewith I was most dangerously charged, so it might please her excellent majesty to purge me in her private judgment, and both forgive and forget my over rash boldness, that I used in talk of her highness's Marriage with the prince of Spain, matters too far above my capacity, and I very unable to consider the gra vity thereof; a matter impertinent for me a private person to talk of, which did appertain to her highness's privy council to have in deliberation, and if it shall please her highness of her bountiful liberality, to remit my former oversights, I shall think myself happy for trial of the danger that I have this day escaped, and may thereby admonish me to eschew things above my reach, and also to instruct me to deal with matters agreeable to my vocation; and God save the queen's majesty, and grant the same long to reign over us, and the same Lord be praised for you the magistrates, before whom I have had my trial this day indifferently by the law, and you have proceeded with me accordingly, and the grace of God be amongst you now and ever. There was no Answer made by any of the bench to the prisoner's suit, but the Attorney did speak these words: Attorney. And it please you my lords, for asmuch as it seemeth these men of the Jury, which have strangely acquitted the prisoner of his Treasons whereof he was indicted, will forthwith depart the court; I pray you for the queen, that they, and every of them, may he bound in a recognizance of 500l. a piece, to answer to such matters as they shall be charged with in the queen's behalf, whensoever they shall be charged or called. Whetston. I pray you, my lords, be good unto us, and let us not be molested for discharging our consciences truly? we be poor merchant-men, and have great charge upon our hands, and our livings do depend upon cur travails; therefore it may please you to appoint us a certain day for our appearance, because perhaps else some of us may be in foreign parts about our business. The Court being dissatisfied with the Verdict, committed the Jury to prison. PROCEEDINGS AGAINST SIR NICHOLAS THROCKMORTON'S JURY. [3 Holing. 1121, 1126,] ON Friday the 26th of Oct, those men who had been of Throckmorton's Inquest, being in number eight (for the other four were delivered out of prison, for that they submitted themselves, and said they had offended) whereof Emanuel Lucar and Whetston were chief, were called before the Council in the StarChainber, where they affirmed, that they had done all things in that matter according to their knowledge, and with good consciences, even as they should answer before God at the day of judgment; and Lucar said openly before all the lords, that they had done in the matter like honest men, and true and faithful subjects; and therefore they humbly besought the lord chancellor and the other lords to be means to the king's and queen's majesties, that they might be discharged and set at liberty, and said, that they were all contented to submit themselves to their majesties, saving and reserving their truth, consciences and honesties. The lords taking their words in evil part, judged them worthy to pay excessive fines; some said they were worthy to pay a thousand pounds apiece, others that Lucar and Whetston were worthy to pay a thousand marks apiece, and the rest 500l. pounds apiece. In conclusion sentence was given by the lord chancellor, that they should pay a thousand marks apiece the least, and that they should go to prison again, and there remain, tili further order were taken for their punishment.-Upon the 10th of Nov. the sheriff's of London had commandment to take an inventory of each one of their goods, and to seal up their doors, which was done the same day. Whetston, Lucar and Kightly were adjudged to pay 2000l. apiece, and the rest 1000 marks apiece, to be paid within one fortnight after. From this payment were exempted those four who had confessed their fault and submitted themselves, viz. Loe, Pointer, Beswicke, and Cater. Upon Wednesday the 12th of Dec. five of the eight Jurors, who lay in the Fleet, were discharged and set at liberty upon paying their fines, which were 220 pounds apiece. The other three put up a supplication, therein declaring their goods did not amount to the sum of that, which they were appointed to pay; and so upon that declaration, paying threescore pounds apiece, they were delivered out of prison on St. Thomas's day, being the 21-t of December. * Sir Nicholas Throckmorton being accused and tried as an accomplice in Wyat's conspiracy, was acquitted by his Jury for want of sufficient proof to condemn him; for this the Jury were severely fined. So the Juries were deprived of the liberty of judging according to their consciences, and, instead of being governed by proofs, they were to examine how the court stood affected to the prisoners, and by that determine their verdicts. This rigour executed upon the Jury was fatal to sir John Throckmorton, who was found guilty upon the same evidence on which his brother had been acquitted. 7 Rapin 134. In Peck's “Memoirs of the Life and Poeti"cal Works of Milton," 4to. is a Poem entitled, "The Legend of Sir Nicholas Throckmorton, "knt. Chief Butler of England, who died by 53. The Trial of JAMES earl BоTHWELL, for the Murder of Henry lord Darnley, Husband of Mary Queen of Scots; at the Senate House of Edinburgh: 9 ELIZ. April 12, A.D. 1567. [Buchanan's Hist. of Scotland, B. 18. and Appendix 30. Laing's Hist. of Scot. i. 65. ii. 311.] MARY, by the grace of God, queen of Scotland. To our beloved masters William Purves, William Lawson, Gawin Ramsey messengers, our sheriffs in that part conjunctly and severally constitute, greeting. Whereas it has the 27th day of March, and of our reign the What was indorsed on the back of the said The 19th day of March, 1567. I William Purves, messenger and sheriff constitute for that part, according to the command of the Letters of our sovereign lady, and in her name and authority, have summoned Matthew earl of Lennox, and all others of her majesty's subjects, having and pretending to have interest in been most humbly remonstrated to us by our beloved and faithful counsellors, Mr. John Spence of Conde, and, Robert Crichton of Choc, our advocates, that they are informed that our well beloved cousin and counsellor Matthew earl of Lennox, father of our most dear spouse, has asserted, That James earl Bothwell, lord Hallis and Creygchton, &c. and some others, were the contrivers of the trai-what is within specified, by public Proclamation, torous, cruel, detestable, and abominable Murder of his highness, committed the 9th day of February last past, in the dead of the night, in his Palace, for the time being, in our city of Edinburgh, near the Church in the fields, wilfully and with premeditated felony; and have declared their suspicion of the said earl and others, as having committed the said cruel and horrid Murder. And having therefore resolved that the truth of it should be tried, in a course of justice, with all possible diligence and brevity, we have by the advice of thelords of our privy-council, and also at the humble request and petition of the said earl Bothwell made to us and in our presence; offering to submit himself to a fair trial made at the market cross of the city of Edinburgh, in order to appear before the Judges or their deputies in the Senate-House at Edinburgh, the 12th day of April next ensuing, and to prosecute and join with our said sovereign lady, in the cause herein set forth, with the summons as it is mentioned in the said Commission; a copy of which I have affixed to the cross of the said market, in presence of John Andersoun and David Land, and many others. And in further testimony of this my execution and indorsement, I have hereunto set my seal. Signed WILLIAM PURVES. Another Summons. of what he is charged with, according to the laws 2nd days of April, in the year above-mentioned, The last day of March but one, the 1st and of the land, ordered a court of justice to meet in the Senate-House of Edinburgh on the 12th I Gawin Ramsey messenger, and one of the of April next insuing, in order to do justice sheriff's constitute for that part, went according upon the said earl and others for committing to the cominand contained in the Letters of the said cruel and abominable crime and our sovereign lady, and in her name and authooffence, as is more at large set forth in an Actrity summoned the said Matthew earl of inserted in the Registers of our said Privy-Lennox, particularly at his houses in Glascow Council. Therefore it is our pleasure, and we and Dumbarton. And whereas I sought him, enjoin and command you most expressly, that, but could not find him in person, nor her maincontinent these our letters seen, you pro-jesty's other subjects, pretending to have inceed, and, in our name and authority, summon terest in the prosecution of the cause herein the said Matthew earl of Lennox, at his own set forth, I made a Proclamation at the market house, to appear together with all others of our crosses of the towns of Glascow, Dumbarton, subjects, having and pretending to have inter- and Lanerk, in order to make them appear est in this cause, by public Proclamation made before the judge or his deputy, at the said at the Market crosses of our towns of Edin- Senate-House of Edinburgh, on the said 12th burgh, Dumbarton, Glasgow, Lanerk, and day of April next ensuing, and to join in the other places necessary, to the end that they may prosecution with the queen our said sovereign appear before our Judges, or their deputies, in lady, in the action within-mentioned, with the our Senate-House at Edinburgh, on the said summons, as it is there declared, and according 12th day of April next ensuing, and join with to the form and tenor of her letters, of which us in the prosecution of this cause, by giving them a suminons. And in case that they do not appear, we order that our Judges, or their deputies, shall proceed and give sentence the same day, according to the laws and customs of our realm, without any farther delay or prolongation; and that you summon every one of them to appear the same day, under the penalty of a fine of 40!. sterling, for which they shall answer before us as for their own act and deed. And for this end, we give to every one of you conjunctly and severally our full power, by these our letters, to the intent that you may deliver and execute them duly, and indorse them to him who shall be the bearer thereof. Given under our seal at Edinburgh I have set up a copy on each of the said crosses in those markets. I have done and executed the above before the witnesses that follow, viz. George Herbesoun, Nich. Andrew, Robert Letteric messenger; Win. Smollet, John Hamilton, Jam. Bannatine, Robert Hamilton, and many others. And in further testimony hereof, I have signed these presents with my sign manual. GAWIN RAMSEY, messenger. Another Summons. The 1st day of April, 1567, I William Lawson, messenger, and sheriff constitute for that part, went according to the command signified in the Commission of our sovereign lady to the market cross of Perth, and there, by 905]. STATE TRIALS, 9 ELIZ. 1567.-for the Murder of Lord Darnley. public Proclamation made according to law, I summoned Matthew earl of Lennox, and all other subjects of our said sovereign lady, having and pretending to have interests, in order to prosecute James earl Bothwell, lord of Hallis and Creygchton, &c. and others, for the cruel Murder committed on the king; and have affixed a copy on the said cross, according to the form and tenor of these presents. And this in presence of the witnesses hereafter name, viz. James Mareschal, Alex. Borthwith, and John Anderson, messengers, and many others. And in further testimony of this my Execution and Indorsement, I have signed these presents with my sign manual. Signed accordingly, WILLIAM LAWSON, messenger, with my own hand. The Indictment. You James earl Bothwell, lord of Hallis, Creygchton, &c. are indicted on account of the cruel and horrid Murder of the most excellent, most high and most mighty prince the king, the late most dear spouse of the queen's majesty, our sovereign lady, committed in the dead of the night, at his house near the Church of the Fields in this city, as he was taking his rest, by treasonably setting fire to a great quantity of gunpowder in the said house, by the violence whereof the whole house was blown up into the air, and the king himself by you killed traiterously and cruelly, wilfully, and by premeditated felony. And this you did the 9th day of Feb. last past, in the dead of the night as aforesaid, as is notorious, and you cannot deny. Upon the producing of which Letters, so executed, indorsed, and published, the said Advocate demanded an Act and instrument in the court, and required that the Judge should proceed according to the form of them. These Letters being read in Judgment with the indorsements, the judge, by virtue thereof, ordered the said James earl Bothwell to be called as Defendant of the one part, and Matthew earl of Lennox, and all other subjects of our said sovereign lady, pretending to prosecute this matter, as Plaintiffs on the other part; that they might appear in court, and exhibit their Complaints and Defences, according to the laws of the realm. And immediately appeared in Judgment the said James earl Pothwell, and entered the Court in person; after which he chose master David Bothwick of Lutchill, and Mr. Edmund Hay, for his Advocates, who appearing also in Judgment, were admitted by the Judge for that effect. [906 Bothwell, and others his accomplices, sum- The Judge having no regard to this Protestation, did, by advice of his assessor, decree, that he would take cognizance of the fact notwithstanding, since nothing had been produced by the said Mr. Henry, to verify the contents of what he had alledged and protested: Of all which the earl Bothwell demanded an Act and Instrument. The said Matthew earl of Lennox, and other subjects of our sovereign lady, having and pretending to have interest in this prosecution, being called several times to appear, and to join with the said Advocates in prosecuting the said action, there appeared Robert Cunningham, who called himself servant to the said Matthew earl of Lennox, and exhibited a Writing, signed with his own hand in full court, as being authorized thereunto, and made a Protestation and Requisition of the whole, agreeable to the said writing; of which the tenor follows': The Protestation of the Earl of Lennox. My lords, I am come hither, being sent by my master my lord of Lennox, to declare the cause why he is this day absent, having full power from him for that effect, as the truth is. The cause then of his absence is the shortness of the time allowed him, and that he is hindered to have his friends and servants, who ought to accompany him for his honour, and the safety of his person, considering the strength of the opposite party, and that he has no assistance from any of his friends, but must stand by himself: Therefore his lordship has commanded Appeared also Mr. Henry Kinloch, calling me to require another competent day, accordwill proceed you himself proctor for his master Andrew lording to the importance of this cause, that he Errol, constable of Scotland, and alledged, that may be here present; but if the constable of the realm had at all times been now, I protest, that I may, without offence to any person, make use of the authority comowned to be the only judge competent of men of that quality, when accused of having committed to me by my said lord and master, of mitted murder and bloodshed near the prince's chamber, and four miles round; and therefore his said master being at present constable of this realm, ought to be judge to James earl which I demand an Act.—Item. I protest, that if those who assist in this Judgment and Inquest upon the persons accused, do undertake to acquit them of the king's Murder, that it |