Memoirs of the Court of Queen Elizabeth. Lucy Aikin

mark with equal force the stern and vindictive spirit of Mary's government, and the remaining barbarity of English customs. The inhabitants of London being for the most part protestants and well affected, as the defection of their trained bands had proved, to the cause of Wyat, it was thought expedient to admonish them of the fruits of rebellion by the gibbeting of about sixty of his followers in the most public parts of the city. Neither were the bodies suffered to be removed till the public entry of king Philip after the royal nuptials; on which festal occasion the streets were cleared of these noisome objects which had disgraced them for nearly half a year.

      Some hundreds of the meaner rebels, to whom the−161- -vol i- queen was pleased to extend her mercy, were ordered to appear before her bound two-and-two together, with halters about their necks; and kneeling before her in this guise, they received her gracious pardon of all offences; but no general amnesty was ever granted.

      That the rash attempt of the duke of Suffolk should have been visited upon himself by capital punishment, is neither to be wondered at nor censured; but it was a foul act of cruelty to make this the pretext for taking away the lives of a youthful pair entirely innocent of this last design, and forgiven, as it was fondly hoped, for the almost involuntary part which they had taken in a former and more criminal enterprise. But religious bigotry and political jealousy, each perhaps sufficient for the effect, combined in this instance to urge on the relentless temper of Mary; and the lady Jane Grey and Guildford Dudley her husband were ordered to prepare for the execution of the sentence which had remained suspended over them.

      Every thinking mind must have been shocked at the vengeance taken on Guildford Dudley—a youth too insignificant, it might be thought, to call forth the animadversion of the most apprehensive government, and guilty of nothing but having accepted, in obedience to his father's pleasure, the hand of Jane Grey. But the fate of this distinguished lady herself was calculated to awaken stronger feelings. The fortitude, the piety, the genuine humility and contrition evinced by her in the last scene of an unsullied life, furnished the best evidence of her guiltlessness even of a wish to resume the sceptre which paternal authority had once−162- -vol i- forced on her reluctant grasp; and few could witness the piteous spectacle of her violent and untimely end, without a thrill of indignant horror, and secret imprecations against the barbarity of her unnatural kinswoman.

      The earl of Devonshire was still detained in the Tower on Wyat's information, as was pretended, and on other indications of guilt, all of which were proved in the end equally fallacious: and at the time of Elizabeth's removal hither this state-prison was thronged with captives of minor importance implicated in the designs of Wyat. These were assiduously plied on one hand with offers of liberty and reward, and subjected on the other to the most rigorous treatment, the closest interrogatories, and one of them even to the rack, in the hope of eliciting from them some evidence which might reconcile to Mary's conscience, or color to the nation, the death or perpetual imprisonment of a sister whom she feared and hated.

      To have brought her to criminate herself would have been better still; and no pains were spared for this purpose. A few days after her committal, Gardiner and other privy-councillors came to examine her respecting the conversation which she had held with sir James Croft touching her removal to Donnington Castle. She said, after some recollection, that she had indeed such a place, but that she never occupied it in her life, and she did not remember that any one had moved her so to do. Then, "to enforce the matter," they brought forth sir James Croft, and Gardiner demanded what she had to say to that man? She answered−163-

       -vol i- that she had little to say to him or to the rest that were in the Tower. "But, my lords," said she, "you do examine every mean prisoner of me, wherein methinks you do me great injury. If they have done evil and offended the queen's majesty, let them answer to it accordingly. I beseech you, my lords, join not me in this sort with any of these offenders. And concerning my going to Donnington Castle, I do remember that master Hobby and mine officers and you sir James Croft had such talk;—but what is that to the purpose, my lords, but that I may go to mine own houses at all times?" The earl of Arundel kneeling down said, "Your grace sayeth true, and certainly we are very sorry that we have troubled you about so vain matter." She then said, "My lords, you do sift me very narrowly; but I am well assured you shall not do more to me than God hath appointed, and so God forgive you all."

      Before their departure sir James Croft kneeled down before her, declaring that he was sorry to see the day in which he should be brought as a witness against her grace. But he added, that he had been "marvellously tossed and examined touching her grace;" and ended by protesting his innocence of the crime laid to his charge[23].

      Wyat was at length, on April 11th, brought to his death; when he confounded all the hopes and expectations of Elizabeth's enemies, by strenuously and publicly asserting her entire innocence of any participation in his designs.−164- -vol i-

      Sir Nicholas Throgmorton was brought to the bar immediately afterwards. His trial at length, as it has come down to us in Holinshed's Chronicle, is one of the most interesting documents of that nature extant. He was esteemed "a deep conspirator, whose post was thought to be at London as a factor, to give intelligence as well to them in the West, as to Wyat and the rest in Kent. It was believed that he gave notice to Wyat to come forward with his power, and that the Londoners would be ready to take his part. And that he sent a post to sir Peter Carew also, to advance with as much speed as might be, and to bring his forces with him.

      "He was said moreover to be the man that excited the earl of Devon to go down into the West, and that sir James Croft and he had many times consulted about the whole matter[24]."

      To these political offences, sir Nicholas added religious principles still more heinous in the eyes of Mary. He, with two other gentlemen of his family, had been of the number of those who attended to the stake that noble martyr Anne Askew, burned for heresy in the latter end of Henry's reign; when they were bid to take care of their lives, for they were all marked men. Since the accession of Mary also he had "bemoaned to his friend sir Edward Warner, late lieutenant of the Tower, his own estate and the tyranny of the times, extending upon divers honest persons for religion, and wished it were lawful for all of each re−165-

       -vol i-ligion to live safely according to their conscience. For the law ex-officio he said would be intolerable, and the clergy discipline now might rather be resembled to the Turkish tyranny than the teaching of the Christian religion. Which words he was not afraid at his trial openly to acknowledge that he had said to the said Warner[25]."

      The prosecution was conducted with all the iniquity which the corrupt practice of that age admitted. Not only was the prisoner debarred the assistance of counsel on his trial, he was even refused the privilege of calling a single witness in his favor. He defended himself however under all these disadvantages, with surprising skill, boldness and presence of mind; and he retorted with becoming spirit the brutal taunts of the crown lawyers and judges, who disgraced themselves on the occasion by all the excesses of an unprincipled servility. Fortunately for Throgmorton, the additional clauses to the treason laws added under Henry VIII. had been abolished under his successor and were not yet re-enacted. Only the clear and equitable statute of Edward III. remained therefore in force; and the lawyers were reduced to endeavour at such an explanation of it as should comprehend a kind of constructive treason. "If," said they, "it be proved that the prisoner was connected with Wyat, and of his counsel, the overt acts of Wyat are to be taken as his, and visited accordingly." But besides that no participation with Wyat after he had taken up arms, was−166-

       -vol i- proved upon Throgmorton, the jury were moved by his solemn protest against so unwarrantable a principle as that the overt acts of one man might be charged as overt acts upon another. They acquitted him therefore with little hesitation, to the inexpressible disappointment and indignation of the queen and her ministers, who then possessed the power of making their displeasure on such an occasion deeply felt. The jury were immediately committed to custody, and eight of them, who refused to confess themselves in fault, were further imprisoned for several months and heavily fined.

      The acquitted person himself, in defiance of all law and justice, was remanded to the Tower, and did not regain his liberty till the commencement of the following year, when the intercession of king Philip obtained the liberation of almost all the prisoners there detained.