power prevails in a country, foreign states, who have no jurisdiction in the case, are neither bound nor entitled to pronounce a judgment on the armed litigation. Their relations with each other being formed for the welfare of the subjects of each, they must treat the actual rulers of every territory as its lawful government. In all ordinary cases, they should treat the pretenders as alike legitimate wherever they are obeyed; and preserve the same neutrality in the war between parties as if it were waged between independent states. It is a very obvious inference from these premises, that foreign sovereigns may ally themselves with a possessor of authority, if defence and safety require it, on the same ground that they form alliances with the most anciently established government. Whenever it is lawful to make war, it is equally lawful to obtain strength by alliances. It would, doubtless, be more for the general welfare of mankind to adjust their differences by institutions making some approach to a discerning and honest judgment, than to leave them to the blind and destructive arbitrament of war. But as long as nations assail their neighbours by arms, they must be resisted by the same cruel and undistinguishing expedient. The laws of war (as they are called) are the same in civil as in foreign warfare. It is as much forbidden by international morality to league with an unjust state, as it is in private litigation to support an unjust suitor. But as independent nations have no common superior, their wars must be practically treated, by those who desire to remain neutral, as if they were just on both sides. In some extraordinary instances of notorious and flagrant wrong, neutral nations may be entitled, and even perhaps sometimes bound, to interpose for the prevention of injustice and inhumanity. In such extraordinary emergencies, whether a nation is influenced by a regard to its own safety, or by a disinterested reverence for justice, both these principles point to the same practical result. For as the general prevalence of a disposition to act justly and humanely is the principal safeguard of nations as well as of individuals, to which the terrors of law or even of arms are only occasional and inadequate auxiliaries, it is not possible to set the example of bidding open defiance to humanity and justice without impairing the security of states, in proportion to the extent of such acts of criminal audacity. Had Francis II. lived a little longer, the princes of Lorrain meditated an exercise of his authority, which would have anticipated some of the tragical scenes of a succeeding period. All the great lords, officers of the crown, members of the privy council, and other considerable persons, were commanded to attend an assembly of the states-general, to be holden at Orleans, at Christmas, 1560, that they, as well as the deputies of the three estates, might sign a confession of the catholic faith, which was afterwards to be circulated through every parish, and tendered for subscription to every individual in the kingdom. The subscription was to cancel past offences; but defaulters were to be punished by condemnation and confiscation, to be followed by banishment or death.* The execution of these or the like designs was postponed for twelve years, and reserved for other chiefs, by the death of Francis II.,-a nominal king, whose insignificant name was the tool of the Guises, and only served to fix a few dates, or to mark the limits of a brief period, distinguished by no conspicuous occurrences. But the reign of Francis, thus unimportant in itself, was big with the confusions which ensued. By his death, Catherine de' Medici recovered part of the authority which the princes of Lorrain had engrossed. In the mean time Mary Stuart, in the flower of her youthful beauty, accustomed to sway in a gallant court, hating the queen-mother, over whom she had wantonly triumphed, was soon weary, either of enduring Catherine's new superiority at courtt, or of dragging Castelnau, liv. ii. c. 12. Vol. i. 58. ed. de Brux. 1731. folio. The same project is adverted to by De Thou, Hist. sui Temp. lib. xxvi. c. 2. ii. 39, 40. ed. Lond. 1733. +"The queen-mother was blythe of the dethe of king Francis her sonne, because she had na guiding of him, but only the duke of Guise and the cardinal his brother, by reason that the queen our maistress was their out her lonely widowhood in a province, without favour, and deserted by her followers. The catholics of her own country early sent to her John Lesley, afterwards bishop of Ross, a minister of ability, an elegant scholar, and an adherent of devoted fidelity, with earnest adIvice that she should land on the north-east coast of Scotland, where the house of Gordon, a powerful family of zealous catholics, might assemble their vassals, and accompany her to Edinburgh, with a force sufficient for the restoration of religion and royalty. The confidential ambassador of the protestants was James Stuart, prior of St. Andrew's, a natural son of James V. by Margaret Erskine (a daughter of the noble family whose title to the earldom of Mar was afterwards recognised), a person surpassed in ability by no man of his age; and, if not spotless, yet with a public life as unstained as it was perhaps possible to bear through scenes so foul. He urged the necessity of her return to Scotland, mainly with a view to place her in the hands of protestants; but also because he was convinced that her return to her dominions and a compromise with the prevalent religion were the only means by which she could regain any portion of power and securely retain the crown. Her uncles, who were still more politicians than catholics, saw the necessity of temporising, and distrusted the advice of zealots: they acquiesced in lord James's counsel for the moment, content to adjourn the subjugation of Scotland till all Europe should again bend under the papal yoke. The French officers who had served in Scotland warned the queen against trusting to the strength of the royalists, apprised her of the universality of the defection, urged the necessity of complying with the temper of her people, and advised her to place her confidence in lord James, and to em sister dochter. So the queen-mother was content to be quyt of the house of Guise, and for their cause she had a great mislyking of our queen." -Melville's Mem. 86. ed. Edin. 1827. ploy Maitland of Lethington and Kirkaldy of Grange, in spite of the inconstancy which belonged to both. As soon as Mary had determined on her return to her kingdom, she despatched D'Oysell to London to ask a safe-conduct for the minister to pursue his journey into Scotland; and for the queen of Scots herself, either on her voyage from France to Scotland, or on a journey to her own dominions from any English port where she should choose to land.* Elizabeth delivered her answer to him at a crowded court with a loud voice, and in a tone of emotion, refusing both requests; and adding, that the queen of Scots should ask no favours till she had redeemed her pledged faith by the ratification of the treaty of Edinburgh. "Let your queen ratify the treaty, and she shall experience on my part, either by sea or by land, whatever can be expected from a queen, a relation, and a neighbour." When advices were received of D'Oysell's failure, Throgmorton, the English minister, was admitted to an audience of Mary, in which she displayed a spirit and calmness probably unexampled among beautiful queens of nineteen. Having waved her hand as a signal to the company to withdraw to another part of the room, she said to Throgmorton: "My lord ambassador-I know not how far I may be transported by passion, but I like not to have so many witnesses of my passion as the queen your mistress was content to have when she talked to M. D'Oysell. There is nothing that doth more grieve me than that I did so forget myself as to desire from the queen a favour that I had no need to ask. You know that, both here and elsewhere, I have friends and allies. It will be thought strange among all princes and countries, that she should first animate my subjects against me; and now that I am a widow, hinder my return to my own country. I ask her nothing but friendship. I do not trouble her state, or practise with her subjects; yet I know there be in her realm, that be inclined enough to hear offers. A copy of D'Oysell's written application, hitherto unpublished, is in the State Paper Office, dated 11th July, 1561. I know also that they be not of the same mind that she is of, neither in religion nor in other things. Your queen says I am young, and lack experience. I confess I am younger than she is. During my late lord and husband's time, I was subject to him; and now my uncles, who are counsellors of the crown of France, deem it unmeet to offer advice on the affairs between England and Scotland. I cannot proceed in this matter until I have the counsel of nobles and states of mine own realm, which I cannot have till I come among them. I never meant harm to the queen my sister. I should be loath either to do wrong to others, or to suffer so much wrong to myself."* The genuineness of this eloquent speech, one of the most remarkable specimens of guarded sarcasm and of politely insinuated menace, is indisputable; for it is reported by a pen that would not have adorned it. After this conversation, James Stuart, commendator of the monastery of St. Colm†, was despatched to London. He left Abbeville on the 8th of August, with instructions more friendly than Mary's conversation would have led Elizabeth to expect. The latter princess, in her letter of the 16th to the queen of Scots, continues to say, "We require no benefit of you but that you will perform your promise; neither covet we any thing but what is in your own power, as queen of Scotland,-that which indeed made peace between us; yea, that without which no amity can continue between us. Nevertheless, perceiving by the report of the bringer that you mean forthwith, on your coming home, to follow the advice of your council in Scotland, we are content to suspend our conceit of unkindness, and do assure you, this being performed, to live in neighbourhood with you quietly in the knot of friendship. It seemeth that report hath been made to you, that we had sent out our admiral with our fleet to hin der your passage. Your servants know how false that We have only, at the desire of the king of Spain, is. *Throgmorton to queen Elizabeth. Paris, 26th July 1561. Cabala, 335. Keith's Historical Catalogue, 386. Edin. 1824. |