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NOTES.

NOTE A, p. 10.

THE parliament also granted the queen the duties of tonnage and poundage; but this concession was at that time regarded only as a matter of form, and she had levied these duties before they were voted by parliament. But there was another exertion of power which she practised, and which people, in the present age, from their ignorance of ancient practices, may be apt to think a little extraordinary. Her sister, after the commencement of the war with France, had, from her own authority, imposed four marks on each tun of wine imported,- and had increased the poundage a third on all commodities. Queen Elizabeth continued these impositions as long as she thought convenient. The parliament, who had so good an opportunity of restraining these arbitrary taxes when they voted the tonnage and poundage, thought not proper to make any mention of them. They knew that the sovereign, during that age, pretended to have the sole regulation of foreign trade, and that their intermeddling with that prerogative would have drawn on them the severest reproof, if not chastisement. See Forbes, vol. i. p. 132, 133. We know certainly, from the statutes and journals, that no such impositions were granted by parliament.

NOTE B, p. 20.

Knox, p. 127. We shall suggest afterwards some reasons to suspect, that perhaps no express promise was ever given. Calumnies easily arise during times of faction, especially those of the religious kind, when men think every art lawful for promoting their purpose. The congregation, in their manifesto, in which they enumerate all the articles of the regent's maleadministration, do not reproach her with this breach of promise. It was probably nothing but a rumor spread abroad to catch the populace. If the Papists have sometimes maintained, that no faith was to be kept with heretics, their adversaries seem also to have thought, that no truth ought to be told of idolaters.

NOTE C, p. 23.

Spotswood, p. 146. Melvil, p. 29. Knox, p. 225, 228. Lesley, lib. x. That there was really no violation of the capitulation of Perth, H

VOL. IV.

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appears from the manifesto of the congregation in Knew (p. 184,) în which it is not so much as pretended. The companies of Scotch soldiers were, probably, in Scotch pay, since the congregation complains, that the country was oppressed with taxes to maintain armies. Knox, p. 164, 165. And even if they had been in French pay, it had been no breach of the capitulation, since they were national troops, not French. Knox does not say, (p. 139,) that any of the inhabitants of Perth were tried or punished for their past offences, but only that they were oppressed with the quartering of soldiers; and the congregation, in their manifesto, say only that many of them had fled for fear. This plain detection of the calumny with regard to the breach of the capitulation of Perth, may make us suspect a like calumny with regard to the pretended promise not to give sentence against the ministers. The affair lay altogether between the regent and the laird of Dun; and that gentleman, though a man of sense and character, might be willing to take some general professions for promises. If the queen, overawed by the power of the congregation, gave such a promise in order to have liberty to proceed to a sentence, how could she expect to have power to execute a sentence so insidiously obtained? And to what purpose could it rcvě?

NOTE D, p. 21.

Knox, p. 153, 154, 155. This author pretends that this article was agreed to verbally, but that the queen's scribes omitted it in the treaty which was signed. The story is very unlikely, or rather very absurd; and in the mean time it is allowed, that the article is not in the treaty; nor do the congregation, in their subsequent inanifesto, insist upon it. Knox, p. 184. Besides, would the queen regent, in an article of a treaty, call her own religion idolatry ?

NOTE E, p. 25.

The Scotch lords, in their declaration, say, "How far we have sought support of England, or of any other prince, and what just cause we had and have so to do, we shall shortly make manifest unto the world, to the praise of God's holy name, and to the confusion of all those that slander us for so doing; for this we fear not to confess, that, as in this enterprise against the devil, against idolatry and the maintainers of the same, we chiefly and only seek God's glory to be notified unto men, sin to be punished, and virtue to be maintained; so where power faileth of ourselves, we will seek it wheresoever God shall offer the same." Knox, p. 176.

NOTE F, p. 61.

This year, the council of Trent was dissolved, which had sitten from 1545. The publication of its decrees excited anew the general ferment in Europe, while the Catholics endeavored to enforce the acceptance of them, and the Protestants rejected them. The religious

controversies were too far advanced to expect that any conviction would result from the decrees of this council. It is the only general council which has been held in an age truly learned and inquisitive; and as the history of it has been written with great penetration and judgment, it has tended very much to expose clerical usurpations and intrigues, and may serve us as a specimen of more ancient councils No one expects to see another general council, till the decay of learning and the progress of ignorance shall again fit mankind for these great impostures.

NOTE G, p. 69.

It appears, however, from Randolf's Letters, (see Keith, p. 290,` that some offers had been made to that minister, of seizing Lenox and Darnley, and delivering them into Queen Elizabeth's hands. Melvil confirms the same story, and says that the design was acknowledged by the conspirators. (p. 56.) This serves to justify the account given by the queen's party of the Raid of Baith, as it is called. See further, Goodall, vol. ii. p. 358. The other conspiracy, of which Murray complained, is much more uncertain, and is founded on very doubtful evidence.

NOTE H, p. 73.

Buchanan confesses that Rizzio was ugly: but it may be inferred, from the narration of that author, that he was young. He says that, on the return of the duke of Savoy to Turin, Rizzio was "in adolescentiæ vigore ;" in the vigor of youth. Now, that event happened only a few years before. (lib. xvii. cap. 44.) That Bothwell was young, appears, among many other invincible proofs, from Mary's instructions to the bishop of Dumblain, her ambassador at Paris; where she says, that in 1559, only eight years before, he was "very young." He might therefore have been about thirty when he married her. See Keith's History, p. 388. From the appendix to the Epistolæ Regum Scotorum, it appears, by authentic documents, that Patrick, earl of Bothwell, father to James, who espoused Queen Mary, was alive till near the year 1560. Buchanan, by a mistake which has been long ago corrected, calls him James.

NOTE I, p. 84.

Mary herself confessed, in her instructions to the ambassadors, whom she sent to France, that Bothwell persuaded all the noblemen, that their application in favor of his marriage was agreeable to her. Keith, p. 389. Anderson, vol. i. p. 94. Murray afterwards produced, to Queen Elizabeth's commissioners, a paper signed by Mary, by which she permitted them to make this application to her. This permission was a sufficient declaration of her intentions, and was esteemed equivalent to a command. Anderson, vol. iv. p. 59. They even asserted that the house in which they met was surrounded with armed men. Goodall, vol. ii. p 141.

NOTE K, p. 108,

Mary's complaints of the queen's partiality in admitting Murray to a conference was a mere pretext, in order to break off the conference. She indeed employs that reason in her order for that purpose, (see Goodall, vol. ii. p. 184;) but in her private letter, her commissioners are directed to make use of that order to prevent her honor from being attacked. Goodall, vol. ii. p. 183. It was therefore the accusation only she was afraid of. Murray was the least obnoxious of all her enemies. He was abroad when her subjects rebelled, and reduced her to captivity. He had only accepted of the regency, when voluntarily proffered him by the nation. His being admitted to Queen Elizabeth's presence was therefore a very bad foundation for a quarrel, or for breaking off the conference, and was plainly a mere pretence.

NOTE L, p. 110.

We shall not enter into a long discussion concerning the authenticity of these letters. We shall only remark in general, that the chief objections against them are, that they are supposed to have passed through the earl of Morton's hands, the least scrupulous of all Mary's enemies; and that they are, to the last degree, indecent, and even somewhat inelegant, such as it is not likely she would write. But to these presumptions we may oppose the following considerations: 1. Though it be not difficult to counterfeit a subscription, it is very difficult, and almost impossible, to counterfeit several pages, so as to resemble exactly the handwriting of any person. These letters were examined and compared with Mary's handwriting, by the English privy council, and by a great many of the nobility, among whom were several partisans of that princess. They might have been examined by the bishop of Ross, Herreis, and others of Mary's commissioners. The regent must have expected that they would be very critically examined by them; and had they not been able to stand that test, he was only preparing a scene of confusion to himself. Bishop Lesley expressly declines the comparing of the hands, which he calls no legal proof. Goodall, vol. ii. p. 389. 2. The letters are very long, much longer than they needed to have been, in order to serve the purposes of Mary's enemies; a circumstance which increased the difficulty, and exposed any forgery the more to the risk of a detection. 3. They are not so gross and palpable as forgeries commonly are, for they still left a pretext for Mary's friends to assert that their meaning was strained to make them appear criminal. See Goodall, vol. ii, p. 361. 4. There is a long contract of marriage, said to be written by the earl of Huntley, and signed by the queen, before Bothwell's acquittal. Would Morton, without any necessity, have thus doubled the difficulties of the forgery, and the danger of detection? 5. The letters are indiscreet; but such was apparently Mary's conduct at that time. They are inelegant; but they have a careless, natural air, like letters hastily written between familiar friends. 6. They contain such a variety of particular circumstances as nobody could have thought of inventing, especially as they must

necessarily have afforded her many means of detection. 7. We have not the originals of the letters, which were in French. We have only a Scotch and Latin translation from the original, and a French translation, professedly done from the Latin. Now it is remarkable, that the Scotch translation is full of Gallicisms, and is clearly a translation from a French original; such as make fault, faire des fautes, make it seem that I believe, faire semblant de le croire; make brek, faire brèche; this is my first journey, c'est ma première journée; have you not desire to laugh? n'avez vous pas envie de rire? the place will hald unto the death, la place tiendra jusqu'à la mort; he may not come forth of the house this long time, il ne peut pas sortir du logis de long-tems; to make me advertisement, faire m'avertir; put order to it, mettre ordre à cela; discharge your heart, décharger votre cœur; make gud watch, faites bonne garde, etc. 8. There is a conversation which she mentions between herself and the king one evening; but Murray produced before the English commissioners the testimony of one Crawford, a gentleman of the earl of Lenox, who swore that the king, on her departure from him, gave him an account of the same conversation. 9. There seems very little reason why Murray and his associates should run the risk of such a dangerous forgery, which must have rendered them infamous, if detected: since their cause, from Mary's known conduct, even without these letters, was sufficiently good and justifiable. 10. Murray exposed these letters to the examination of persons qualified to judge of them: the Scotch council, the Scotch parliament, Queen Elizabeth and her council, who were possessed of a great number of Mary's genuine letters. 11. He gave Mary herself an opportunity of refuting and exposing him, if she had chosen to lay hold of it. 12. The letters tally so well with all the other parts of her conduct during that transaction, that these proofs throw the strongest light on each other. 13. The duke of Norfolk, who had examined these papers, and who favored so much the queen of Scots, that he intended to marry her, and in the end lost his life in her cause, yet believed them authentic, and was fully convinced of her guilt. This appears, not only from his letters, above mentioned, to Queen Elizabeth and her ministers, but by his secret acknowledgment to Bannister, his most trusty confidant. See State Trials, vol. i. p. 81. In the conferences between the duke, Secretary Lidington, and the bishop of Ross, all of them zealous partisans of that princess, the same thing is always taken for granted. Ibid. p. 74, 75. See, further, MS. in the Advocates' library, A. 3, 28, p. 314, from Cott. lib. Calig. c. 9. Indeed, the duke's full persuasion of Mary's guilt, without the least doubt or hesitation, could not have had place, if he had found Lidington or the bishop of Ross of a different opinion, or if they had ever told him that these letters were forged. It is to be remarked, that Lidington, being one of the accomplices, knew the whole bottom of the conspiracy against King Henry, and was, besides, a man of such penetration, that nothing could escape him in such interesting events. 14. I need not repeat the presumption drawn from Mary's refusal to answer. The only excuse for her silence is, that she suspected Elizabeth to be a partial judge, It was not, indeed, the interest of that princess to acquit and justify her rival and competitor; and we accordingly find that Lidington, from the secret information of the duke of Norfolk, informed Mary,

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