Memoirs of the Court of Queen Elizabeth. Lucy Aikin
type="note">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 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 Warner25."
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 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.
Throgmorton, like all the others called in question for the late insurrections, was closely questioned respecting Elizabeth and the earl of Devon; "and very fain," we are told, "the privy-councillors employed in this work would have got out of him something against them. For when at Throgmorton's trial, his writing containing his confession was read in open court, he prayed the queen's serjeant that was reading it to read further, 'that hereafter,' said he, 'whatsoever become of me, my words may not be perverted and abused to the hurt of some others, and especially against the great personages of whom I have been sundry times, as appears by my answers, examined. For I perceive the net was not cast only for little fishes but for great ones26."
This generous concern for the safety of Elizabeth in the midst of his own perils appears not to have been lost upon her; and under the ensuing reign we shall have the satisfaction of seeing the abilities of sir Nicholas displayed in other scenes and under happier auspices.
All manifestations of popular favor towards those whom the court had proscribed and sought to ruin, were at this juncture visited with the extreme of arbitrary severity. Two merchants of London, for words injurious to the queen, but principally for having affirmed that Wyat at his death had cleared the lady Elizabeth and the earl of Devonshire, were set in the pillory, to which their ears were fastened with large nails.
It was in fact an object of great importance to the catholic party to keep up the opinion, so industriously inculcated, of the princess being implicated in the late disturbances; since it was only on this false pretext that she could be detained close prisoner in the Tower while a fatal stroke was aimed against her rights and interests.
Gardiner, now chancellor and prime minister, the most inveterate of Elizabeth's enemies and the most devoted partisan of the Spanish interest, thinking that all was subdued to the wishes of the court, brought before the new parliament a bill for declaring the princess illegitimate and incapable of succeeding:—it was indignantly rejected, however, by a great majority; but the failure only admonished him to renew the attack in a more indirect and covert manner. Accordingly, the articles of the marriage treaty between Mary and the prince of Spain, artfully drawn with great seeming advantage to England, had no sooner received the assent of the two houses, than he proposed a law for conferring upon the queen the same power enjoyed by her father; that of naming a successor. But neither could this be obtained from a house of commons attached for the most part to the protestant cause and the person of the rightful heir, and justly apprehensive of the extinction of their few remaining privileges under the yoke of a detested foreign tyrant. Nobody doubted that it was the purpose of the queen, in default of immediate issue of her own, to bequeath the crown to her husband, whose descent from a daughter of John of Gaunt had been already much insisted on by his adherents. The bill was therefore thrown out; and the alarm excited by its introduction had caused the house to pass several spirited resolutions, one of which declared that her majesty should reign as a sole queen without any participation of her authority, while the rest guarded in various points against the anticipated encroachments of Philip, when Mary thought good to put a stop to the further discussion of the subject by a prorogation of parliament.
After these manifold disappointments, the court party was compelled to give up, with whatever reluctance, its deep-laid plots against the unoffending princess. Her own prudence had protected her life; and the independent spirit of a house of commons conscious of speaking the sense of the nation guarantied her succession. One only resource remained to Gardiner and his faction:—they judged that a long-continued absence, while it gradually loosened her hold upon the affections of the people, would afford many facilities for injuring or supplanting her; and it was determined soon to provide for her a kind of honorable banishment.
The confinement of the princess in the Tower had purposely been rendered as irksome and comfortless as possible. It was not till after a month's close imprisonment, by which her health had suffered severely, that she obtained, after many difficulties, permission to walk in the royal apartments; and this under the constant inspection of the constable of the Tower and the lord-chamberlain, with the attendance of three of the queen's women; the windows also being shut, and she not permitted to look out at them. Afterwards she had liberty to walk in a small garden, the gates and doors being carefully closed; and the prisoners whose rooms looked into it being at such times closely watched by their keepers, to prevent the interchange of any word or sign with the princess. Even a child of five years old belonging to some inferior officer in the Tower, who was wont to cheer her by his daily visits, and to bring her flowers, was suspected of being employed as a messenger between her and the earl of Devonshire; and notwithstanding the innocent simplicity of his answers to the lord-chamberlain by whom he was strictly examined, was ordered to visit her no more. The next day the child peeped in through a hole of the door as she walked in the garden, crying out, "Mistress, I can bring you no more flowers!" for which, it seems, his father was severely chidden and ordered to keep his boy out of the way.
From the beginning of her imprisonment orders had been given that the princess should have mass regularly said in her apartment. It is probable that Elizabeth did not feel any great repugnance to this rite:—however this might be, she at least expressed none; and by this compliance deprived her sister of all pretext for persecuting her on a religious ground. But some of her household were found less submissive on this head, and she had the mortification of seeing Mrs. Sands, one of her ladies, carried forcibly away from her under an accusation of heresy and her place supplied by another.
All these severities failed however of their intended effect: neither sufferings nor menaces could bring the princess to acknowledge herself guilty of offending even in thought against
Strype's Ecclesiastical Memorials.
Strype's Memorials.