On 17 April 1554, Throckmorton was brought to trial and charged with high treason for “imagining the death of the Queen, levying war in the realm, and adhering to the Queen's enemies” as well as conspiring to “deprive the Queen of her royal estate” and devising a plan to take control of the Tower of London. His trial is notable because he was the only insurgent to be acquitted. Treason trials in the sixteenth century were very one-sided with the normal rules of evidence and procedure ignored as judges, barristers and others involved in the prosecution vied with one another in abusing the accused. For them, it was a way to show loyalty to, and gain favour with, the crown. Throckmorton was aware of this and addressed it directly, going so far as to reference the word of God as spoken by his prophet, “Cursed be he that doth his office craftily, corruptly, and maliciously.” Throckmorton also challenged second-hand testimony, demanding that the accusers be brought to court to present their testimony in person to give him a chance to cross-examine them. He was refused. Testimony that he gave while in the Tower was read, but selectively. Throckmorton asked that it be read in full, but was refused. Throughout his trial, he fought the charges brought against him and “dissected the depositions with the skill of a practised pleader.” At one point, Throckmorton commented that he perceived the many questions put to him as “a trap to catch others greater than himself." At the end of Throckmorton’s trial, the jury’s unanimous verdict was " Not guilty." The jury was encouraged to rethink its decision, but the foreman answered that they had reached the verdict “agreeably to all our consciences.” Despite the verdict, Throckmorton was kept in custody for “other matters to be charged against him.” As he left the court, the waiting crowd threw up their caps and shouted. However, the jurors were not so fortunate. They were arrested and kept in prison until winter and then only released by payment of an exorbitant fine. After the death of Mary, Throckmorton served Elizabeth as an ambassador to France and Scotland. The complete transcript of Throckmorton’s trial can be found in Howell and Hollinshed.
