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cellor (Bromley) and treasurer (Burleigh) | a preliminary debate between the commisrecommended to her, "with fair words," to sioners and the prisoner, in which she reanswer the charges; and, upon her refusal, peated her objections to the jurisdiction and declared that they had authority to proceed to the statute, and urged her rights as an against her as if absent. She rejoined, that independent queen, the circumstances under she would die a thousand deaths rather than which she had come into England, and the admit herself a subject; but that she was treatment which she had received,—all willing to answer before a full parliament stated by her with unabated self-possession, -not before commissioners who had already the queen's sergeant, Gandy, opened the forejudged her,-bade the commissioners case against her, with a history of the conlook to their consciences, and reminded spiracy of Babington.

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them that the theatre of the world was The essence of the accusation consisted much wider than the kingdom of England. in an alleged correspondence with BabingThe list of the names of her judges was ton and persons in foreign countries, proving submitted to her: she looked over it, and her participation in a plot to produce inmade no objection; but protested against vasion and rebellion, and to assassinate the the law, as made expressly to entrap and queen. In support of the charge, the destroy her. "We will, nevertheless," said queen's counsel urged Babington's confesBurleigh, "proceed against you to-morrow sion of a correspondence between them, as absent and contumax."-She replied, and produced copies of three letters, one "Search your consciences, look to your professing to be from Mary to Babington, honor, and God reward you and yours for renewing their correspondence; the second your judgment upon me.' 'If," said Hat- from Babington to Mary, minutely detailton, "you are innocent, you have nothing ing the conspiracy; the third from Mary to fear; but, by avoiding a trial, you stain to Babington, in which she approved and your reputation with an eternal blot." This co-operated by her advice in the plot. The artful speech, amplified and repeated, shook name of the earl of Arundel being read from her resolution; and she consented to appear the last letter, she burst into tears, and said, the next day (October 14.), “out of a desire "Alas! what has the noble house of Howard to clear her innocence, provided her protest endured for my sake!"-but wiping her against all subjection were received and al- eyes, and collecting herself, she resumed lowed." This was refused; but her protest, her tone of composure and firmness. Her and the chancellor's refusal to receive it, as defence was, in substance, that many persons derogatory to the law of England, were re- unknown to her had made her offers of corded in writing. service; that she neither excited nor enIt is impossible to read without admira-couraged any; that she, a prisoner, could tion, in the minute records of the trial, the neither know nor hinder what they were self-possessed, prompt, clear, and sagacious about; that a packet of letters, which had replies and remarks by which this forlorn been kept from her almost a whole year, woman defended herself against the most was put into her hands at that period, but expert lawyers and politicians of the age; by whom she knew not; that she knew not who, instead of examining her as judges, Babington, and had not corresponded with pressed her with the unscrupulous inge- him; that her letters, if she wrote them, nuity of enemies. Their spirit may be col- should be produced in her own hand; that lected from the fact that Burleigh, one of if Babington wrote her a letter, it should her judges, published at the very moment, be proved that she received it; that if Bab"A Note of the Indignities and Wrongs ington, or any other, affirmed it, "they done and offered by the Queen of Scots to plainly lied, and she was not answerable for the Queen's Majesty;" beginning with her the acts of others." In reply to a letter proassumption of the royal arms in France, duced as hers, in which she was representwhen she was the wife of the dauphin, son ed as encouraging invasion, she said it of Henry II.,—and ending with Babington's might have been written from the possesconspiracy. No pettifogging advocate could sion of her alphabet of ciphers; and that employ falsehood and sophistry with more from the recent attempt of an impostor in license than this statesman, acting in the France, calling himself her son's base brosacred character of a judge.* ther, she suspected Walsingham. The

The commissioners assembled in the secretary rose in his place, and solemnly presence-chamber of the castle on the 14th called God to witness that he had not done of October. At the upper end of the chamber any thing unworthy of an honest man, and stood a canopied vacant chair, for the queen was wholly free from malice. She seemed of England; and opposite to it a chair to satisfied with his disavowal; and desired of be occupied by the queen of Scots. After him, in return, to give no more credit to those who slandered her than she did to such as accused him. Letters were read to

*See Murdin, State Papers, 584.
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VOL. I.

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show that she had incited foreign powers to was then imprisoned, with a letter to her invade England; and that she entertained jailer, Paulet. Walsingham desired that the design to make conveyance to the king Paulet would connive at Gifford's bribing of Spain of the crown of Scotland, and suc- one of his servants to allow the letters to cession to that of England, if her son should pass to his prisoner. Paulet would not pernot become a Catholic. She replied, that mit his servants to be tampered with even it was natural for her to make efforts to ob- in seeming, but allowed the spy to bribe the tain her liberty; that she had no kingdom services of a brewer who supplied the castle. to bestow, or, if she had, she was not ac- By means of this brewer the letters were countable to any for the disposal of it. conveyed, and the answers returned through The whole weight of the evidence against a hole in the castle wall, stopped with a the queen of Scots depended upon the oaths loose stone. All had passed through the of her secretaries, Naue and Curle, both hands of Walsingham, who unsealed, declose prisoners in the hands of her accusers. ciphered, copied, and resealed them so artTheir depositions only were produced. They fully that no suspicion was excited. One declared that the letters of their mistress letter only of the queen to Babington, in were written from her dictation in French which she renewed her correspondence by the former, and translated into English with him, and his answer, are stated to by the latter; and that the letters to which have passed through the medium of "an unthey referred had been received by her. She known boy."

replied, that her secretaries might write It may be observed, by way of recapitulawhat she never dictated; demanded that tion, that the documentary evidence consistthey should be confronted with her; and ed only of copies or dictation; that the hole declared her confidence that it either would in the castle wall, and "the unknown boy," appear they had made no such declaration, are scarcely within the range of credit: or they would not persist in it to her face. that the confessions of the conspirators, proThe commissioners refused to produce the duced (in copy) after their execution, are witnesses.* of little weight; and that of the two secre

* Hume vindicates the refusal to produce the secre

It is requisite to state how the corres- taries, whose depositions only were propondence was alleged to have taken place. duced, whilst their persons were in the When Gifford the seminary priest, who was close custody of the producers, one (Curle) in the pay of Walsingham, came over from afterwards reproached Walsingham with France, he undertook to bring letters from the non-fulfilment of promises, and the the British fugitives to the queen of Scots. other (Naue) declared, in his vindication, To try his means, or his fidelity, they in- addressed to the son of the queen of Scots, trusted him only with blanks made up as that he had revealed nothing, and had resoletters; but, upon finding that these had lutely opposed the chief articles of accureached their destination, they confided to sation against his mistress, which appeared him important communications. Gifford, as not by the record of the proceedings.‡ might be expected, placed all in the hands It is clear, from other evidence, that the of Walsingham. That minister sent him queen of Scots was aware, not only of the into Staffordshire, where the queen of Scots projected invasion and rebellion, but of the design against the life of queen Elizabeth; taries, on three several grounds. 1st, The usage of but it is extremely doubtful whether she the ministers and crown lawyers of Elizabeth's had that identical participation for which reign to refuse every indulgence beyond the strict she was condemned. There are few juletter of the law and settled practice of the courts. 2d, The probable absence of the secretaries from Fotheringay. 3d, "Queen Elizabeth," says he, "was willing to have allowed Curle and Naue to be produced on the trial; and writes to that purpose to Burleigh and Walsingham, in her letter of the 7th October, in Forbes's MSS. Collection. She only says, that she thinks it needless." The abusive practices of ministers and crown lawyers in a despotic reign are a strange vindication of injustice. The witnesses may have been absent from Fotheringay: but the court could have adjourned over for a day, in order to allow time for their arrival from London in Northamptonshire. Queen Elizabeth told her ministers she was willing to have them produced, but thought it needless. It assuredly does not require Hume's knowledge of the character of Elizabeth, and of human nature, to perceive that this artful suggestion of her thinking it needless was equivalent to a command that it should not be done. No thing is more observable in her whole reign than the systematic endeavor to shift the odium of her own acts upon her ministers and tools. Whether the production of the two witnesses was beyond the strict letter of the law, is a question of legal construction, which it would be vain to discuss here.

† Letter of Walsingham to Curle, in Cott. MSS. Calig. ix. 294., cited by Chalmers, in Life of Mary, Queen of Scots.

↑ Camd. Ann.

§ See letters to Mary, Queen of Scots, from Charles Paget and Thomas Morgan, in Murdin's State Papers. Morgan, in a letter to her dated July 4th, says, "There is one Ballard, a priest of much travel in that country, and well disposed to your service, which he is like to offer your majesty; for the which, if he do so, you may thank him with few lines. Yet I must tell your majesty, for the discharge of my own duty and service to your majesty, that the said Ballard followeth some matters of consequence there, the issue of which is uncertain. Wherefore, as long as these labors of his and matters be in hand, it is not for your majesty's service to hold any intelligence with him at all, for fear lest he or his partners be discov ered, and they, by pains or other accidents, discover your majesty afterwards to have had intelligence with them; and I have specially warned the said Ballard not to deal at any hand with your majesty as long as he followeth the affairs that he and others have in hand.”— Murdin, State Papers, 527. This passage proves that

diciary proceedings, passing over the ques-narily, made the same prayer. The house tion of jurisdiction, so suspicious, and, it may of commons, through their speaker, supportbe said, so tainted, as the case and proceed-ed it with examples from the Bible, of rulers ings against the queen of Scots. who had incurred God's vengeance by The evidence having been gone through, sparing the lives of their enemies. These she requested an adjournment, and the aid very men had been loud in their execraof counsel. It was refused. She next re- tions of the Popish impiety and cruelty peated her request, to be allowed to defend which had made religion a motive for the herself in full parliament, and was again massacre of St. Bartholomew: yet they refused. Her third request, of a personal themselves would now steep the Scriptures interview with the queen, was equally vain, in blood! Elizabeth replied in a tone of and would, no doubt, have proved fruitless, hypocrisy, as detestable as the ferocity of had it been acceded to. She rose with per- her petitioners, that she had an extreme refect composure, conversed apart with Bur- pugnance to take the life of the criminal; leigh, Hatton, Walsingham, and Warwick, and that she wished the two houses could and retired. The court adjourned to the discover some other mode of disposing of 25th of October, at the Star-chamber in her, consistent with the safety of religion Westminster. and the state, and threw out to them, at

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On that day the commissioners accord- the same time, the deadly suggestion that ingly reassembled, with the exception of she had discovered another plot to assassinate Warwick and Shrewsbury, and pronounced her within a month. The two houses resentence of death against the queen of considered their petition, could find no Scots, "as accessary to Babington's plot, other mode than death, repeated their prayer and as having compassed divers matters for blood, and were again put off with an tending to the hurt, death, and destruction answer which may be called oracular for its of the person of queen Elizabeth, contrary ambiguity and imposture. 'If," said she, to the statute in the commission specified." "I should say I will not comply with your The commissioners and judges at the same prayer, I might say more than I mean; and time published a declaration, that the sen- if I should say I will do it, I might plunge tence did not derogate from James, king myself into dangers as great as those from of Scots, in his title and honor, and he which you would protect me." In comwas in the same place, degree, and right, pliance with their request, however, she as if the said sentence had never been pro- published the sentence by proclamation. nounced.* The inhabitants of London illuminated

Mary had a presentiment of her fate be- their houses for joy, and the church-bells fore the sentence was yet pronounced. rang merry peals for twenty-four hours!‡ Paulet writes to Walsingham, that in a Lord Buckhurst, and Beale clerk of the conversation with him, after asking the council, were sent to notify her fate to the names of several commissioners, whom she queen of Scots. She received the message distinguished by the places in which they with not merely firmness but cheerfulness, had sat during the trial, she remarked because she said her troubles were about to casually, that "history made mention how end. Sir Amias Paulet divested her of the realm of England was used to shed every ensign of royalty, and stripped her royal blood," and then dropped the conver-chair of its canopy of state. This too she sation.† bore with tranquillity. She made a last and

Elizabeth had now her prey completely vain, but not weak, appeal to Elizabeth. In in her talons. She endeavored to mask her a letter dated the 19th of December, she purpose by a show of reluctance and re-assures her who, after depriving her during gret; but her dissimulation sometimes gave nineteen years of liberty, was about to way to the fierceness of her instinct. Her deprive her of life, "that she cherished no ministers entreated her, for the sake of re- resentment towards her; that she did not ligion, the state, and her precious life, to deprecate death; that she asked only to be sign the warrant. She put them off with put to death, not in private, but publicly beexpressions of hesitation and regret. Both fore her servants and other witnesses; that houses of parliament, summoned extraordi- her remains might be conveyed for interment to France; that her faithful attendants Mary was aware of the design against Elizabeth; who had shared her fate should be permitted but, at the same time, goes strongly to negative the case brought forward against her by Walsingham to enjoy her bequests to them, and proceed and Cecil. Is it credible that, with this systematic in safety whither they pleased." Elizabeth design of the conspirators to hold no communication returned no answer; but it is doubtful with Mary which might compromise her, Babington should yet write her gratuitously (for she could not whether the letter reached her. co-operate) a minute account of the conspiracy, which proved so convenient to her accusers and enemies? * Camd. Ann.

Ibid. and MSS. State Paper Office.

The king of France, meantime, had sent

Advis et mémoire de ce qui à été fait, par M. de Bellièvre, &c. See Appendix N.

over Bellièvre as special envoy to intercede depart in two days; was requested to rewith Elizabeth for Mary's life. It has been main two or three days more; and on the stated that the envoy had secret instructions 14th of January received his passport. from Henry, out of hatred to her relatives The worthless son of the unhappy queen the Guises, to solicit, not her life, but her of Scots interfered with Elizabeth through death. The vain display of pedant erudition his ambassador Keith, received from her a and historic example which he employed rebuke under which he quailed, and sent in his address to Elizabeth would bring his two special envoys,—Melville, and the masgood faith into question, if it were not the ter of Gray; the latter of whom proved style of the age. But he appears to have a traitor to his trust. After some negotiaexerted himself with fidelity and zeal, and tion, Melville, in an audience of Elizabeth, gives a striking description of the artifices entreated for some delay of the execution. employed by Elizabeth to elude his appli- She replied in a passion, as she turned her cation. "She deferred," the writer of the back upon him, "No-not an hour!" This report of his mission says, "with infinite answer shows that she was never visited malice, giving him audience for several really by one touch of hesitation or hudays, under the pretence that some of his manity.

suite had died on the way of the plague, Elizabeth, as the time approached for exeand that some unknown persons came over cuting the sentence, affected, and only afwith him to kill her." On the 7th of De- fected, to feel a conflict of passions within cember she sent for him to Richmond, and her bosom. She mused and raved, and received him seated on her throne, sur-muttered to herself, Aut fer aut feri: ne rounded by the chief nobles of the king- feriare feri;-and only indulged her imadom. He remonstrated in detail against gination in the display of mimic agonies. the right of Elizabeth over the life of Mary, Her ministers reiterated their cry for blood, and urged reasons of expediency to spare and she pleaded her humanity; but then her life. The queen replied in good French, she added that she must, with whatever point by point, with signs of strong emotion pain, consult the safety of religion, the state, in her countenance, and said that the queen and the people.

of Scots had three times conspired against Rumors were spread that London was her life. Bellièvre said that Henry III. set on fire by the Papists, that the duke of pledged his word, and the duke of Guise Guise was landed, that the queen of Scots would give his sons as hostages to Elizabeth, had escaped, that queen Elizabeth was asfor the future conduct of the queen of sassinated, all contrived to wake the preScots, if her life were spared. Elizabeth judices, the fears, and therefore the ferocity, replied in a word, that such guarantees of the populace against the unhappy prisoner. would little avail her when she was dead.‡ It appears, however, that Elizabeth really The ambassador returned to London, wait- wished to be relieved from killing her ed several days for an answer, and, receiv- victim by her sign-manual and warrant;ing none, intimated to Elizabeth that, as but she sought relief in the alternative of she had proclaimed the sentence, he had no secret assassination. She caused the two object in waiting, and wished for his pass-secretaries, Walsingham and Davison, to port. Not receiving his passport, he wrote write to Paulet and Drury, to sound them again. The queen, under pretence of in- on the subject of privately dispatching their disposition, would not be seen; and he caused prisoner. The two jailers, from integrity his letter to be placed in the hands of Wal- or prudence, rejected the suggestion; upon singham, who undertook to send an answer which Elizabeth reproached them and others next day. A verbal answer came, granting who had taken the association oath with a delay of twelve days. Bellièvre sent im- perjury. "They had," she said, "promised mediately to his master, received an answer great matters for their prince's safety, but two days beyond the time, and was sum- would perform nothing; but," she continued, moned by Elizabeth to her presence at" there are others who will do it for my Greenwich, on the 6th of January, 1587. sake."

She heard him with temper till near the Meantime she had ordered Davison to close of his instructions, when she expressed bring her the warrant, and signed it with a herself in terms " almost of indignity." jest on Walsingham's hatred of the queen Having gained nothing, he prepared to of Scots. "Go," said she, "tell all this to Walsingham, who is now sick; though I fear he will die for sorrow when he hears it." But it will be better to cite at once

*See Carte, Gen. Hist. book xix. Thuan. Hist. ib. lxxxvi., and App. N.

†Thuan. Hist. lib. lxxxvi.

Uno verbo respondit hujusmodi cautiones ac the brief and authoritative account of this fide, jussiones sibi mortuæ nihil prefuturas."-Thuan.

ubi. supra.

§ See Appendix N.

See Extracts from Davison's Apology, next page.

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black transaction given in his "Apology" withal, into how great danger she would by Davison.* bring Paulet and Drury by it. For if she "The queen," says he, "after the de- approved the fact, she would draw upon parture of the French and Scottish ambas- herself both danger and dishonor, not with sadors, of her own motion commanded me out censure of injustice; and if she disalto deliver her the warrant for executing the lowed it, she would utterly undo men of queen of Scots. When I had delivered it, great desert, and their whole posterity. And she signed it readily with her own hand: afterwards she gave me a light check, the when she had so done, she commanded it same day that the queen of Scots was exeto be sealed with the great seal of England, cuted, because she was not yet put to, and, in a jesting manner, said, Go, tell all death." this to Walsingham, who is now sick; al- The death-warrant meanwhile was on its though I fear he will die for sorrow when way to Fotheringay castle. The earls of he hears it.' She added also the reasons Shrewsbury, Kent, Cumberland, and Derby, of deferring it so long, namely, lest she and the clerk of the council, Beale, arrived might seem to have been violently or ma- on the 7th, in the evening, to witness the liciously drawn thereto; whereas, in the execution of the queen of Scots next day. mean time, she was not ignorant how ne- On their arrival, they informed her that she cessary it was. Moreover, she blamed Pau- must prepare to die. She heard the warnlet and Drury, that they had not eased her ing without emotion, laid her hand upon a of this care; and wished that Walsingham New Testament on her table, and solemnly would feel their pulses touching this mat- protested that she had not devised or excited ter. The next day, after it was under the to the death of Elizabeth. Her only regreat seal, she commanded me, by Killi- quest to them was that she should be algrew, that it should not be done; and when lowed the attendance of her confessor. They I informed her that it was done already, she refused her this sacred consolation and supfound fault with such great haste, telling port of humanity in the last hour, with the me, that in the judgment of some wise men, mockery of a proposal that Fletcher, dean another course might be taken. I answer- of Peterborough, "a pious and learned died, that that course was always best and vine," should convert her to the true faith. safest which was most just, But fearing She declined his services; upon which the lest she would lay the fault upon me, (as earl of Kent had the brutality to say to her, she had laid the putting of the duke of Nor-" Your death will be the life of our religion, folk to death upon the lord Burleigh,) I ac- as your life would be its death." quainted Hatton with the whole matter, Upon their departure, she supped in her protesting that I would not plunge myself usual manner sparingly, bade her weeping any deeper in so great a business. He servants rather rejoice than mourn that her presently imparted it to lord Burleigh, and sorrows were about to end, exchanged forthe lord Burleigh to the rest of the council, giveness with them, applied herself to who all consented to have the execution writing letters and her will, went to bed hastened; and every one of them vowed at her usual time, slept some hours, and to bear an equal share in the blame, and spent the remainder of the night in prayer. sent Beale away with the warrant and let- Anticipating that she might be denied the ters. The third day after, when, by a dream rites of her religion, she was provided with which she told of the queen of Scots' death, the sacrament consecrated by Pius V., and I perceived that she wavered in her reso- ministered it to herself.¡ lution, I asked her, whether she had changed She rose early on the fatal morning of her mind? She answered, 'No, but another the 8th; dressed herself with care, as for course,' said she, might have been devised;' a festival; distributed her bequests among and withal asked me whether I had re- her servants; and remained at prayer in her ceived any answer from Paulet? whose oratory or chapel until eight o'clock. At letter when I had showed her, wherein he that hour the sheriff summoned her to the flatly refused to undertake that which stood scaffold. She answered that she was ready; not with honor and justice, she, waxing and attended him with a serene counteangry, accused him and others (who had nance, leaning on two of her guards, not bound themselves by the association) of perjury, and breach of their vow, as those that had promised great matters for their prince's safety, but would perform nothing. Yet there are,' said she, who will do it for my sake.' But I showed her how dishonorable and unjust a thing this would be; and

* Lord Somers's Tracts, i. 224. State Trials, vol. i. Proceedings against W. Davison.

For further particulars of Elizabeth's tampering with Paulet and Drury, see State Trials, vol. i. Ar

raignment of W. Davison, note, p. 1139, et seq.

This protestation negatives the accusation and evidence upon which she was tried and condemned; has been shown she possessed of the design against but it is consistent with the vague knowledge which Elizabeth's life. See note, pp. 435, 436.

it

§ This singular incident has been introduced by Schiller on the stage, in his tragedy of Mary, Queen lof Scots.

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