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and the necessity of her situation extorted from her a declaration, that she would willingly justify herself to her sister from all inputations, and would submit her cause to the arbitration of so good a friend.* Two days after, she sent Lord Herreis to London with a letter to the same purpose.

This concession, which Mary could scarcely avoid without an acknowledgment of guilt, was the point expected and desired by Elizabeth: she immediately despatched Midlemore to the regent of Scotland; requiring him both to desist from the further prosecution of his queen's party, and to send some persons to London to justify his conduct with regard to her. Murray might justly be startled at receiving a message so vio. lent and imperious; but as his domestic enemies were numerous and powerful, and England was the sole ally which he could expect among foreign nations, he was resolved rather to digest the affront, than provoke Elizabeth a refusal. He also considered, that though that queen had hitherto app ared partial to Mary, many political motives evidently engaged her to support the king's cause in Scotland; and it was not to be doubted but so penetrating a princess would in the end discover this interest, and would at least afford him a patient and equita ble hearing. He therefore replied, that he would himself take journey to England, attended by other commissioners, and would willingly submit the determination of his cause to Elizabeth.t

Lord Herreis now perceived that his mistress had advanced oo far in her concessions: he endeavored to maintain, that Mary could not, without diminution of her royal dignity, submit to a contest with her rebellious subjects before a foreign prince; and he required either present aid from England, or liberty for his queen to pass over into France. Being pressed, however, with the former agreement before the English coun cil, he again renewed his consent; but in a few days he began anew to recoil; and it was with some difficulty that he was brought to acquiesce in the first determination. These fluctuations, which were incessantly renewed, showed his visible reluctance to the measures pursued by the court of England.

The queen of Scots discovered no less aversion to the tria proposed; and it required all the artifice ard prudence of

* Anderson, vol. iv. p. 10, 55, 87
† Anderson, vol. iv. p. 13-16.
Anderson, vol. iv. p. 16--20.

Elizabeth to make her persevere in the agreement to which she had at first consented. This latter princess still said to her, that she desired not without Mary's consent and approba. tion to enter into the question, and pretended only as a friend to hear her justification: that she was confident there would be found no difficulty in refuting all the calumnies of her enemies; and even if her apology should fall short of full conviction, Elizabeth was determined to support her cause, and procure her some reasonable terms of accommodation: and that it was never meant, that she should be cited to a trial on the accusation of her rebellious subjects; but, on the con. trary, that they should be summoned to appear, and to justify themselves for their conduct towards her.* Allured by these plausible professions, the queen of Scots agreed to vindicate herself by her own commissioners, before commissioners appointed by Elizabeth.

During these transactions, Lord Scrope and Sir Francis Knolles, who resided with Mary at Carlisle, had leisure to study her character, and to make report of it to Elizabeth. Unbroken by her misfortunes, resolute in her purpose, active in her enterprises, she aspired to nothing but victory; and was determined to endure any extremity, to undergo any diffi culty, and to try every fortune, rather than abandon her cause, or yield the superiority to her enemies. Eloquent, insinuating, affable, she had already convinced all those who approached her of the innocence of her past conduct; and as she declared her fixed purpose to require aid of her friends all over Europe, and even to have recourse to infidels and barbarians, rather than fail of vengeance against her persecutors, it was easy to foresee the danger to which her charms, her spirit, her address, if allowed to operate with their full force, would expose them.t The court of England, therefore, who, under pretence of guarding her, had already in effect detained her prisoner were determined to watch her with still greater vigilance. As Carlisle, by its situation on the borders, afforded her great opportunities of contriving her escape, they removed her to Bolton, a seat of Lord Scrope's in Yorkshire; and the issue of the controversy between her and the Scottish nation was regarded as a subject more momentous to Elizabeth's security and interests than it had hitherto been apprehended.

* Anderson, vol. iv. p. 11, 12, 13, 109, 110.
+ Anderson, vol. iv. p. 54, 71, 72, 74, 78, 92.

The commissioners appointed by the English court for the examination of this great cause, were the duke of Norfolk the earl of Sussex, and Sir Ralph Sadler; and York was named as the place of conference. Lesley, bishop of Ross, the lords Herreis, Levingstone, and Boyde, with three persons more, appeared as commissioners from the queen of Scots. The earl of Murray, regent, the earl of Morton, the bishop of Orkney, Lord Lindesey, and the abbot of Dunfermling were appointed commissioners from the king and kingdom of Scotland. Secretary Lidington, George Buchanan, the famous poet and historian, with some others, were named as their assistants.

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It was a great circumstance in Elizabeth's glory, that she was thus chosen umpire between the factions of a neighboring kingdom, which had during many centuries entertained the most violent jealousy and animosity against England; and her felicity was equally rare, in having the fortunes and fame of so dangerous a rival, who had long given her the greatest inquietude, now entirely at her disposal. Some circumstances of her late conduct had discovered a bias towards the side of Mary her prevailing interests led her to favor the enemies of that princess: the professions of impartiality which she had made were open and frequent; and she had so far succeeded, that each side accused her commissioners of partiality towards their adversaries. She herself appears, by the instructions given them, to have fixed no plan for the decision; but she knew that the advantages which she should reap must be great, whatever issue the cause might take. If Mary's crinies could be ascertained by undoubted proof, she could forever blast the reputation of that princess, and might justifiably detain her forever a prisoner in England: if the evidence fell short of conviction, it was intended to restore her to the throne, but with such strict limitations, as would leave Elizabeth perpetual arbiter of all differences between the parties in Scotland, and render her in effect absolute mistress of the kingdom.t

Mary's commissioners, before they gave in their complaint against her enemies in Scotland, entered a protest, that their appearance in the cause should nowise affect the independence of her crown, or be construed as a mark of subordination to

• Anderson, vol. iv. part ii. p. 40.

† Anderson, vol. iv. part ii. p. 14, 15, etc. Goodall, vol. ii. p. 110.

England: the English commissioners received this protest, but with a reserve to the claim of England. The complaint of that princess was next read, and contained a detail of the injuries which she had suffered since her marriage with Bothwell that her subjects had taken arms against her, on pretence of freeing her from captivity; that when she put herself into their hands, they had committed her to close custody in Lochlevin; had placed her son, an infant, on her throne; had again taken arms against her after her deliverance from prison; had rejected all her proposals for accommodation; had given battle to her troops; and had obliged her, for the safety of her person, to take shelter in England.* The earl of Murray, in answer to this complaint, gave a summary and imperfect account of the late transactions: that the earl of Bothwell, the known murderer of the late king, had, a little after committing that crime, seized the person of the queen and led her to Dunbar; that he acquired such influence over her as to gain her consent to marry him, and he had accordingly procured a divorce from his former wife, and had pretended to celebrate his nuptials with the queen; that the scandal of this transaction, the dishonor which it brought on the nation, the danger to which the infant prince was exposed from the attempts of that audacious man, had obliged the nobility to take arms, and oppose his criminal enterprises; that after Mary, in order to save him, had thrown herself into their hands, she still discovered such a violent attachment to him, that they found it necessary, for their own and the public safety, to confine her person during a season, till Bothwell and the other murderers of her husband could be tried and punished for their crimes; and that during this confinement she had voluntarily, without compulsion or violence, merely from disgust at the inquietude and vexations attending power, re signed her crown to her only son, and had appointed the ear of Murray regent during the minority. The queen's answer to this apology was obvious: that she did not know, and never could suspect, that Bothwell, who had been acquitted by s jury, and recommended to her by all the nobility for her hus band, was the murderer of the king; that she ever was, and still continues desirous, that, if he be guilty, he may be brought

* Anderson, vol. iv. part ii. p. 52. Goodall, vol. ii. p. 128. Haynes, D. 478. + Anderson, vol. iv. part ii. p. 64, et seq. Goodall, vol. ii. p. 144

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to condign punishment; that her resignation of the crown was extorted from her by the well-grounded fears of her life, and even by direct menaces of violence; and that Throgmorton, the English ambassador, as well as others of her friends, had advised her to sign that paper, as the only means of saving herself from the last extremity, and had assured her, that a consent, given under these circumstances, could never have any validity.

So far the queen of Scots seemed plainly to have the advantage in the contest; and the English commissioners might have been surprised that Murray had made so weak a defence, and had suppressed all the material imputations against that princess, on which his party had ever so strenuously insisted, had not some private conferences previously informed them of the secret. Mary's commissioners had boasted that Elizabeth, from regard to her kinswoman, and from her desire of maintaining the rights of sovereigns, was determined, how criminal soever the conduct of that princess might appear, to restore her to the throne; † and Murray, reflecting on some past measures of the English court, began to apprehend that there were but too just grounds for these expectations. He believed that Mary, if he would agree to conceal the most violent part of the accusation against her, would submit to any reasonable terms of accommodation; but if he once proceeded so far as to charge her with the whole of her guilt, no composition could afterwards take place; and should she ever be restored, either by the power of Elizabeth or the assistance of her other friends, he and his party must he exposed to her severe and implacable vengeance. He resolved, therefore, not to venture rashly on a measure which it would be impossible for him ever to recall; and he privately paid a visit to Norfolk and the other English commissioners, confessed his scruples, laid before them the evidence of the queen's guilt, and desired to have some security for Elizabeth's protection, in case that evidence should, upon examination, appear entirely satisfactory. Norfolk was not secretly displeased with these scruples of the regent. He had ever been a partisan of the queen of Scots: Secretary Lidington, who began also to incline to that

• Anderson, vol. iv. part ii. p. 60, et seq. Goodall, vol. ii. p. 162. † Anderson, vol. iv. part ii. p. 45. Goodall, vol. ii. p. 127. Anderson, vol. iv. part ii. p. 47, 48. Goodall, vol. ii. p. 159. Crawford, p. 92. Melvil, p. 94, 95. Haynes, p. 574.

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