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The Green Bag.

of Sir Nicholas Throckmorton in 1554 (i St. Tr. 869). The proposed marriage of Mary with Philip aroused great opposition, culmin ating in Wyatt's rebellion to prevent the mar riage by force. Mary resolved to exterminate opposition in her usual bloodthirsty manner. Gibbets were erected all over London, and the Tower was so full of State prisoners that Cranmer, Ridley and Latimer had to be crowded into one cell. The rack was freely used to extort confessions. The shocking cruelty which characterized the queen's ven geante brought about a reaction in Throckmorton's case. Throckmorton did every thing that the other rebels had done, save that he did not take the field with them. Yet he was acquitted. The report of his trial is the first we have that is full enough to give a fair idea of the procedure. The evidence against him consisted of the reading of al leged confessions wrung from other pris oners, some of whom had been executed. Only such parts of Throckmorton's own statement as told against him were read at the trial. To his request that the whole state ment might be read, Sergeant Staunford per tinently replied that it would be a waste of time. On his request that the treason statute of Edward VI., upon which he relied, be read, Sir Nicholas Hare, the Master of the Rolls, observed that "it appertaineth not for us to provide books for you; neither sit we here to be taught by you." Throckmorton de fended himself with presence of mind and

with great energy. So warm became the run ning fight between the crown counsel and the prisoner that the former appealed to the court for protection. "I was never inter rupted thus in my life," said the attorneygeneral, "nor I never knew any thus suf fered to talk as this prisoner is suffered. Some of us will come no more to the bar an we be thus handled." Chief Justice Brom ley finally summed up by reading to the jury all the evidence that bore against the pris oner and omitting all the prisoner's answers and explanations. Throckmorton closed with an earnest, pathetic address, full of texts. The jury returned a verdict of not guilty. Thereupon the chief justice said to them, "Remember yourselves better; have you con sidered substantially the whole evidence laid against the prisoner? The matter doth touch the Queen's highness and yourselves also; take good heed what you do." The jurors replied that they had found the prisoner not guilty agreeably to their consciences; where upon they were committed to the Tower. Eight of their number, who stoutly refused to submit, were afterwards taken before the Star Chamber and heavily fined. This treat ment evidently had the desired effect, for Throckmorton's brother was tried shortly afterwards on the same evidence and con victed. Sir Nicholas, though acquitted, was sent back to the Tower on the chief justice's statement that there were other charges against him.