Chapter XXXIX: Elizabeth (3)

Elizabeth, who was fully informed of all those incidents, seemed touched with compassion towards the unfortunate queen; and all her fears and jealousies being now laid asleep, by the consideration of that ruin and infamy in which Mary’s conduct had involved her, she began to reflect on the instability of human affairs, the precarious state of royal grandeur, the danger of encouraging rebellious subjects; and she resolved to employ her authority for alleviating the calamities of her unhappy kinswoman. She sent Sir Nicholas Throgmorton ambassador to Scotland, in order to remonstrate both with Mary and the associated lords; and she gave him instructions, which, though mixed with some lofty pretensions, were full of that good sense which was so natural to her, and of that generosity which the present interesting conjuncture had called forth. She empowered him to declare[*] in her name to Mary, that the late conduct of that princess, so enormous, and in every respect so unjustifiable, had given her the highest offence; and though she felt the movements of pity towards her, she had once determined never to interpose in her affairs, either by advice or assistance, but to abandon her entirely, as a person whose condition was totally desperate, and honor irretrievable.

* The reality of this letter appears somewhat disputable;
chiefly because Murray and his associates never mentioned it
in their accusation of her before Queen Elizabeth’s
commissioners.

That she was well assured that other foreign princes, Mary’s near relations, had embraced the same resolution; but, for her part, the late events had touched her heart with more tender sympathy, and had made her adopt measures more favorable to the liberty and interests of the unhappy queen: that she was determined not to see her oppressed by her rebellious subjects, but would employ all her good offices, and even her power, to redeem her from captivity, and place her in such a condition as would at once be compatible with her dignity and the safety of her subjects: that she conjured her to lay aside all thoughts of revenge, except against the murderers of her husband; and as she herself was his near relation, she was better entitled than the subjects of Mary to interpose her authority on that head; and she therefore besought that princess, if she had any regard to her own honor and safety, not to oppose so just and reasonable a demand: that after those two points were provided for, her own liberty and the punishment of her husband’s assassins, the safety of her infant son was next to be considered; and there seemed no expedient more proper for that purpose, than sending him to be educated in England: and that, besides the security which would attend his removal from a scene of faction and convulsions, there were many other beneficial consequences, which it was easy to foresee as the result of his education in that country.[*]

* Keith, p. 411, 412, etc

The remonstrances which Throgmorton was instructed to make to the associated lords, were entirely conformable to these sentiments which Elizabeth entertained in Mary’s favor. She empowered him to tell them, that whatever blame she might throw on Mary’s conduct, any opposition to their sovereign was totally unjustifiable, and incompatible with all order and good government: that it belonged not to them to reform, much less to punish, the maleadministration of their prince; and the only arms which subjects could in any case lawfully employ against the supreme authority, were entreaties, counsels, and representations: that if these expedients failed, they were next to appeal by their prayers to Heaven, and to wait with patience till the Almighty, in whose hands are the hearts of princes, should be pleased to turn them to justice and to mercy. That she inculcated not this doctrine because she herself was interested in its observance, but because it was universally received in all well-governed states, and was essential to the preservation of civil society: that she required them to restore their queen to liberty; and promised, in that case, to concur with them in all proper expedients for regulating the government, for punishing the king’s murderers, and for guarding the life and liberty of the infant prince: and that, if the services which she had lately rendered the Scottish nation, in protecting them from foreign usurpation, were duly considered by them, they would repose confidence in her good offices, and would esteem themselves blameworthy in having hitherto made no application to her.[*]

Elizabeth, besides these remonstrances, sent by Throgmorton some articles of accommodation, which he was to propose to both parties, as expedients for the settlement of public affairs; and though these articles contained some important restraints on the sovereign power, they were in the main calculated for Mary’s advantage, and were sufficiently indulgent to her.[**] The associated lords, who determined to proceed with greater severity, were apprehensive of Elizabeth’s partiality; and being sensible that Mary would take courage from the protection of that powerful princess,[***] they thought proper, after several affected delays, to refuse the English ambassador all access to her. There were four different schemes proposed in Scotland for the treatment of the captive queen: one, that she should be restored to her authority under very strict limitations: the second, that she should be obliged to resign her crown to the prince, be banished the kingdom, and be confined either to France or England; with assurances from the sovereign in whose dominions she should reside, that she should make no attempts to the disturbance of the established government: the third, that she should be publicly tried for her crimes, of which her enemies pretended to have undoubted proof, and be sentenced to perpetual imprisonment: the fourth was still more severe, and required that, after her trial and condemnation, capital punishment should be inflicted upon her.[****] Throgmorton supported the mildest proposal; but though he promised his mistress’s guaranty for the performance of articles, threatened the ruling party with immediate vengeance in case of refusal,[v] and warned them not to draw on themselves, by their violence, the public reproach which now lay upon their queen, he found that, excepting Secretary Lidington, he had not the good fortune to convince any of the leaders.

* Keith, p. 414, 415, 429.

** Keith, p. 416.

*** Keith, p. 427.

**** Keith, p. 420.

v Keith, p. 428.

All counsels seemed to tend towards the more severe expedients; and the preachers, in particular, drawing their examples from the rigorous maxims of the Old Testament, which can only be warranted by particular revelations, inflamed the minds of the people against their unhappy sovereign.[*]

There were several pretenders to the regency of the young prince after the intended deposition of Mary. The earl of Lenox claimed that authority as grandfather to the prince: the duke of Chatelrault, who was absent in France, had pretensions as next heir to the crown: but the greatest number of the associated lords inclined to the earl of Murray, in whose capacity they had entire trust, and who possessed the confidence of the preachers and more zealous reformers. All measures being therefore concerted, three instruments were sent to Mary, by the hands of Lord Lindesey and Sir Robert Melvil; by one of which she was to resign the crown in favor of her son, by another to appoint Murray regent, by the third to name a council, which should administer the government till his arrival in Scotland. The queen of Scots, seeing no prospect of relief, lying justly under apprehensions for her life, and believing that no deed which she executed during her captivity could be valid, was prevailed on, after a plentiful effusion of tears, to sign these three instruments; and she took not the trouble of inspecting any one of them.[**] In consequence of this forced resignation, the young prince was proclaimed king, by the name of James VI. He was soon after crowned at Stirling, and the earl of Morton took in his name the coronation oath; in which a promise to extirpate heresy was not forgotten. Some republican pretensions, in favor of the people’s power, were countenanced in this ceremony;[***] and a coin was soon after struck, on which the famous saying of Trajan was inscribed, Pro me; si merear, in me; “For me; if I deserve it, against me.”[****] Throgmorton had orders from his mistress not to assist at the coronation of the king of Scots.[v]

* Keith, p. 422, 426.

** Melvil, p. 85. Spotswood, p. 211. Anderson, vol. iii. p.
19.

*** Keith, p. 439, 440.

**** Keith, p. 440. Append, p. 150.

v Keith, p. 430

The council of regency had not long occasion to exercise their authority. The earl of Murray arrived from France, and took possession of his high office. He paid a visit to the captive queen, and spoke to her in a manner which better suited her past conduct than her present condition. This harsh treatment quite extinguished in her breast any remains of affection towards him.[*] Murray proceeded afterwards to break, in a more public manner, all terms of decency with her. He summoned a parliament; and that assembly, after voting that she was undoubtedly an accomplice in her husband’s murder, condemned her to imprisonment, ratified her demission of the crown, and acknowledged her son for king, and Murray for regent.[**] The regent, a man of vigor and abilities, employed himself successfully in reducing the kingdom. He bribed Sir James Balfour to surrender the Castle of Edinburgh: he constrained the garrison of Dunbar to open their gates; and he demolished that fortress.

But though every thing thus bore a favorable aspect to the new government, and all men seemed to acquiesce in Murray’s authority, a violent revolution, however necessary, can never be effected without great discontents; and it was not likely that, in a country where the government, in its most settled state, possessed a very disjointed authority, a new establishment should meet with no interruption or disturbance. Few considerable men of the nation seemed willing to support Mary, so long as Bothwell was present; but the removal of that obnoxious nobleman had altered the sentiments of many. The duke of Chatelrault, being disappointed of the regency, bore no good will to Murray; and the same sentiments were embraced by all his numerous retainers. Several of the nobility, finding that others had taken the lead among the associators, formed a faction apart, and opposed the prevailing power; and besides their being moved by some remains of duty and affection towards Mary, the malecontent lords, observing every thing carried to extremity against her, were naturally led to embrace her cause, and shelter themselves under her authority. All who retained any propensity to the Catholic religion were induced to join this party; and even the people in general, though they had formerly either detested Mary’s crimes or blamed her imprudence, were now inclined to compassionate her present situation, and lamented that a person possessed of so many amiable accomplishments, joined to such high dignity, should be treated with such extreme severity.[***]

* Melvil, p. 87. Keith, p. 445.

** Anderson, vol. ii. p. 206, et seq.

*** Buchanan, lib. xviii. c. 53.

Animated by all these motives, many of the principal nobility now adherents to the queen of Scots, met at Hamilton, and concerted measures for supporting the cause of that princess.

{1568.} While these humors were in fermentation, Mary was employed in contrivances for effecting her escape; and she engaged, by her charms and caresses, a young gentleman, George Douglas, brother to the laird of Lochlevin, to assist her in that enterprise. She even went so far as to give him hopes of espousing her, after her marriage with Bothwell should be dissolved on the plea of force; and she proposed this expedient to the regent, who rejected it. Douglas, however, persevered in his endeavors to free her from captivity; and having all opportunities of access to the house, he was at last successful in the undertaking. He conveyed her in disguise into a small boat, and himself rowed her ashore. She hastened to Hamilton; and the news of her arrival in that place being immediately spread abroad, many of the nobility flocked to her with their forces. A bond of association for her defence was signed by the earls of Argyle, Huntley, Eglington, Crawford, Cassilis, Rothes, Montrose, Sutherland, Erroi, nine bishops, and nine barons, besides many of the most considerable gentry.[*] And in a few days, an army, to the number of six thousand men, was assembled under her standard.

Elizabeth was no sooner informed of Mary’s escape, than she discovered her resolution of persevering in the same generous and friendly measures which she had hitherto pursued. If she had not employed force against the regent during the imprisonment of that princess, she had been chiefly withheld by the fear of pushing him to greater extremities against her;[**] but she had proposed to the court of France an expedient, which, though less violent, would have been no less effectual for her service: she desired that France and England should by concert cut off all commerce with the Scots, till they should do justice to their injured sovereign.[***]

* Keith, p. 475.

** Keith, p. 463. Cabala, p. 141.

*** Keith, p. 462.

She now despatched Leighton into Scotland to offer both her good offices, and the assistance of her forces, to Mary; but as she apprehended the entrance of French troops into the kingdom, she desired that the controversy between the queen of Scots and her subjects might by that princess be referred entirely to her arbitration, and that no foreign succors should be introduced into Scotland.[*]

But Elizabeth had not leisure to exert fully her efforts in favor of Mary. The regent made haste to assemble forces; and notwithstanding that his army was inferior in number to that of the queen of Scots, he took the field against her. A battle was fought at Langside, near Glasgow, which was entirely decisive in favor of the regent; and though Murray, after his victory, stopped the bloodshed, yet was the action followed by a total dispersion of the queen’s party. That unhappy princess fled southwards from the field of battle with great precipitation, and came with a few attendants to the borders of England. She here deliberated concerning her next measures, which would probably prove so important to her future happiness or misery. She found it impossible to remain in her own kingdom: she had an aversion, in her present wretched condition, to return into France, where she had formerly appeared with so much splendor; and she was not, besides, provided with a vessel which could safely convey her thither: the late generous behavior of Elizabeth made her hope for protection, and even assistance, from that quarter;[**] and as the present fears from her domestic enemies were the most urgent, she overlooked all other considerations, and embraced the resolution of taking shelter in England. She embarked on board a fishing-boat in Galloway, and landed the same day at Workington, in Cumberland, about thirty miles from Carlisle, whence she immediately despatched a messenger to London, notifying her arrival, desiring leave to visit Elizabeth, and craving her protection, in consequence of former professions of friendship made her by that princess.

Elizabeth now found herself in a situation when it was become necessary to take some decisive resolution with regard to her treatment of the queen of Scots; and as she had hitherto, contrary to the opinion of Cecil, attended more to the motives of generosity than of policy,[***] she was engaged by that prudent minister to weigh anew all the considerations which occurred in this critical conjuncture.

* Keith, p. 473, in the notes. Anderson, vol. iv. p, 26.

** Jebb’s Collection, vol. i. p. 420.

*** Cabala, p. 140.

He represented, that the party which had dethroned Mary, and had at present assumed the government of Scotland, were always attached to the English alliance, and were engaged, by all the motives of religion and of interest, to persevere in their connection with Elizabeth: that though Murray and his friends might complain of some unkind usage during their banishment in England, they would easily forget these grounds of quarrel, when they reflected, that Elizabeth was the only ally on whom they could safely rely, and that their own queen, by her attachment to the Catholic faith, and by her other connections, excluded them entirely from the friendship of France, and even from that of Spain: that Mary, on the other hand, even before her violent breach with her Protestant subjects, was in secret entirely governed by the counsels of the house of Guise, much more would she implicitly comply with their views, when, by her own ill conduct, the power of that family and of the zealous Catholics was become her sole resource and security: that her pretensions to the English crown would render her a dangerous instrument in their hands; and, were she once able to suppress the Protestants in her own kingdom, she would unite the Scottish and English Catholics, with those of all foreign states, in a confederacy against the religion and government of England; that it behoved Elizabeth, therefore, to proceed with caution in the design of restoring her rival to the throne; and to take care, both that this enterprise, if undertaken, should be effected by English forces alone, and that full securities should beforehand be provided for the reformers and the reformation in Scotland: that, above all, it was necessary to guard carefully the person of that princess; lest, finding this unexpected reserve in the English friendship, she should suddenly take the resolution of flying into France, and should attempt by foreign force to recover possession of her authority: that her desperate fortunes and broken reputation fitted her for any attempt; and her resentment, when she should find herself thus deserted by the queen, would concur with her ambition and her bigotry, and render her an unrelenting, as well as powerful enemy to the English government: that if she were once abroad, in the hands of enterprising Catholics, the attack on England would appear to her as easy as that on Scotland; and the only method, she must imagine of recovering her native kingdom, would be to acquire that crown to which she would deem herself equally entitled: that a neutrality in such interesting situations, though it might be pretended, could never, without the most extreme danger, be upheld by the queen; and the detention of Mary was equally requisite whether the power of England were to be employed in her favor, or against her: that nothing, indeed, was more becoming a great prince than generosity; yet the suggestions of this noble principle could never, without imprudence, be consulted in such delicate circumstances as those in which the queen was at present placed; where her own safety and the interests of her people were intimately concerned in every resolution which she embraced: that though the example of successful rebellion, especially in a neighboring country, could nowise be agreeable to any sovereign, yet Mary’s imprudence had been so great, perhaps her crimes so enormous, that the insurrection of subjects, after such provocation, could no longer be regarded as a precedent against other princes: that it was first necessary for Elizabeth to ascertain, in a regular and satisfactory manner, the extent of Mary’s guilt, and thence to determine the degree of protection which she ought to afford her against her discontented subjects: that as no glory could surpass that of defending oppressed innocence, it was equally infamous to patronize vice and murder on the throne; and the contagion of such dishonor would extend itself to all who countenanced or supported it: and that if the crimes of the Scottish princess should, on inquiry, appear as great and certain as was affirmed and believed, every measure against her, which policy should dictate, would thence be justified; or if she should be found innocent, every enterprise which friendship should inspire would be acknowledged laudable and glorious.

Agreeably to these views, Elizabeth resolved to proceed in a seemingly generous, but really cautious manner with the queen of Scots; and she immediately sent orders to Lady Scrope, sister to the duke of Norfolk, a lady who lived in the neighborhood, to attend on that princess. Soon after, she despatched to her Lord Scrope himself, warden of the marches, and Sir Francis Knolles, vice-chamberlain. They found Mary already lodged in the Castle of Carlisle; and after expressing the queen’s sympathy with her in her late misfortunes, they told her, that her request of being allowed to visit their sovereign, and of being admitted to her presence, could not at present be complied with: till she had cleared herself of her husband’s murder, of which she was so strongly accused, Elizabeth could not without dishonor show her any countenance, or appear indifferent to the assassination of so near a kinsman.[*]

* Anderson, vol. iv. p. 54, 66, 82, 83, 86.

So unexpected a check threw Mary into tears: and the necessity of her situation extorted from her a declaration, that she would willingly justify herself to her sister from all imputations, 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 violent 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 by a refusal. He also considered, that though that queen had hitherto appeared 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 equitable hearing. He therefore replied, that he would himself take a journey to England, attended by other commissioners, and would willingly submit the determination of his cause to Elizabeth.[**]

Lord Herreis now perceived that his mistress had advanced too 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 council, 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.

* Anderson, vol. iv. p. 10, 55, 87.

** Anderson, vol. iv. p. 13-16.

*** Anderson, vol. iv. p. 16-20.

The queen of Scots discovered no less aversion to the trial proposed; and it required all the artifice and prudence of 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 approbation 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 contrary, 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 difficulty, 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.[**] 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.

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 crimes 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.[**]

* Anderson, vol. iv. part ii. p. 40.

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

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 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, resigned her crown to her only son, and had appointed the earl of Murray regent during the minority.[**]

* Anderson, vol. iv. part ii. p. 52. Goodall, vol. ii. p.
128. Haynes, p. 478.

** Anderson, vol. iv. part ii. p. 64, et seq. Goodall, vol.
ii. p. 144.

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 a jury, and recommended to her by all the nobility for her husband, was the murderer of the king; that she ever was, and still continues desirous, that, if he be guilty, he may be brought 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 be 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.[****]

* 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.

He had ever been a partisan of the queen of Scots. Secretary Lidington, who began also to incline to that party, and was a man of singular address and capacity, had engaged him to embrace further views in her favor, and even to think of espousing her: and though that duke confessed[*] that the proofs against Mary seemed to him unquestionable, he encouraged Murray in his present resolution, not to produce them publicly in the conferences before the English commissioners.[**]

Norfolk, however, was obliged to transmit to court the queries proposed by the regent. These queries consisted of four particulars: Whether the English commissioners had authority from their sovereign to pronounce sentence against Mary, in case her guilt should be fully proved before them? Whether they would promise to exercise that authority, and proceed to an actual sentence? Whether the queen of Scots, if she were found guilty, should be delivered into the hands of the regent, or, at least, be so secured in England, that she never should be able to disturb the tranquillity of Scotland? and, Whether Elizabeth would also, in that case, promise to acknowledge the young king, and protect the regent in his authority?[***]

Elizabeth, when these queries, with the other transactions, were laid before her, began to think that they pointed towards a conclusion more decisive and more advantageous than she had hitherto expected. She determined therefore to bring the matter into full light; and, under pretext that the distance from her person retarded the proceedings of her commissioners, she ordered them to come to London, and there continue the conferences. On their appearance, she immediately joined in commission with them some of the most considerable of her council; Sir Nicholas Bacon, lord keeper, the earls of Arundel and Leicester, Lord Clinton, admiral, and Sir William Cecil, secretary.[****] The queen of Scots, who knew nothing of these secret motives, and who expected that fear or decency would still restrain Murray from proceeding to any violent accusation against her, expressed an entire satisfaction in this adjournment; and declared that the affair, being under the immediate inspection of Elizabeth, was now in the hands where she most desired to rest it.[v].

* Anderson, vol., iv. part ii. p. 77.

** Anderson, vol. iv. part ii. p. 57, 77. State Trials, vol.
i. p. 76

*** Anderson, vol. iv. part ii. p. 55. Goodall, vol. ii. p.
130.

**** Anderson, vol. iv. part ii. p. 99.

v Anderson, vol iv. part ii. p. 95. Goodall, vol. ii. p
177, 179.

The conferences were accordingly continued at Hampton Court; and Mary’s commissioners, as before, made no scruple to be present at them.

The queen, meanwhile, gave a satisfactory answer to all Murray’s demands; and declared that, though she wished and hoped from the present inquiry to be entirely convinced of Mary’s innocence, yet if the event should prove contrary, and if that princess should appear guilty of her husband’s murder, she should, for her own part, deem her ever after unworthy of a throne.[*] The regent, encouraged by this declaration, opened more fully his charge against the queen of Scots; and after expressing his reluctance to proceed to that extremity, and protesting that nothing but the necessity of self-defence, which must not be abandoned for any delicacy, could have engaged him in such a measure, he proceeded to accuse her in plain terms of participation and consent in the assassination of the king.[**] The earl of Lenox too appeared before the English commissioners, and, imploring vengeance for the murder of his son, accused Mary as an accomplice with Bothwell in that enormity.[***]

When this charge was so unexpectedly given in, and copies of it were transmitted to the bishop of Ross, Lord Herreis, and the other commissioners of Mary, they absolutely refused to return an answer; and they grounded their silence on very extraordinary reasons: they had orders, they said, from their mistress, if any thing were advanced that might touch her honor, not to make any defence, as she was a sovereign princess, and could not be subject to any tribunal; and they required that she should previously be admitted to Elizabeth’s presence, to whom, and to whom alone, she was determined to justify her innocence.[****]

* Goodall, vol. ii. p. 199.

** Anderson, vol. iv. part ii. p. 115, et seq. Goodall, vol.
ii. p. 206.

*** Anderson, vol. iv. part ii. p. 122. Goodall, vol. ii. p.
208.

**** Anderson, vol. iv. part ii. p. 125, et seq. Goodall,
vol. ii. p. 184, 211, 217.

They forgot that the conferences were at first begun, and were still continued, with no other view than to clear her from the accusations of her enemies; that Elizabeth had ever pretended to enter into them only as her friend, by her own consent and approbation, not as assuming any jurisdiction over her; that this princess had from the beginning refused to admit her to her presence, till she should vindicate herself from the crimes imputed to her; that she had therefore discovered no new signs of partiality by her perseverance in that resolution; and that though she had granted an audience to the earl of Murray and his colleagues, she had previously conferred the same honor on Mary’s commissioners;[*] and her conduct was so far entirely equal to both parties.[**] [11]

As the commissioners of the queen of Scots refused to give in any answer to Murray’s charge, the necessary consequence seemed to be, that there could be no further proceedings in the conference. But though this silence might be interpreted as a presumption against her, it did not fully answer the purpose of those English ministers who were enemies to that princess. They still desired to have in their hands the proofs of her guilt; and in order to draw them with decency from the regent, a judicious artifice was employed by Elizabeth. Murray was called before the English commissioners, and reproved by them, in the queen’s name, for the atrocious imputations which he had the temerity to throw upon his sovereign; but though the earl of Murray, they added, and the other commissioners, had so far forgotten the duty of allegiance to their prince, the queen never would overlook what she owed to her friend, her neighbor, and her kinswoman; and she therefore desired to know what they could say in their own justification.[***] Murray, thus urged, made no difficulty in producing the proofs of his charge against the queen of Scots; and among the rest, some love-letters and sonnets of hers to Bothwell, written all in her own hand, and two other papers, one written in her own hand, another subscribed by her, and written by the earl of Huntley; each of which contained a promise of marriage with Bothwell, made before the pretended trial and acquittal of that nobleman.

* Lesley’s Negotiations in Anderson, vol. iii. p. 25.
Haynes, p. 487.

** See note K, at the end of the volume.

*** Anderson, vol. iv. part ii. p. 147. Goodall, vol. ii. p.
233.

All these important papers had been kept by Bothwell in a silver box or casket, which had been given him by Mary, and which had belonged to her first husband, Francis; and though the princess had enjoined him to burn the letters as soon as he had read them, he had thought proper carefully to preserve them, as pledges of her fidelity, and had committed them to the custody of Sir James Balfour, deputy governor of the Castle of Edinburgh. When that fortress was besieged by the associated lords, Bothwell sent a servant to receive the casket from the hands of the deputy governor. Balfour delivered it to the messenger; but as he had at that time received some disgust from Bothwell, and was secretly negotiating an agreement with the ruling party, he took care, by conveying private intelligence to the earl of Morton, to make the papers be intercepted by him, They contained incontestable proofs of Mary’s criminal correspondence with Bothwell, of her consent to the king’s murder, and of her concurrence in the violence which Bothwell pretended to commit upon her.[*] Murray fortified this evidence by some testimonies of corresponding facts;[**] and he added, some time after, the dying confession of one Hubert, or French Paris, as he was called, a servant of Bothwell’s, who had been executed for the king’s murder, and who directly charged the queen with her being accessory to that criminal enterprise.[***]

Mary’s commissioners had used every expedient to ward this blow, which they saw coming upon them, and against which, it appears, they were not provided with any proper defence. As soon as Murray opened his charge, they endeavored to turn the conferences from an inquiry into a negotiation; and though informed by the English commissioners, that nothing could be more dishonorable for their mistress, than to enter into a treaty with such undutiful subjects, before she had justified herself from those enormous imputations which had been thrown upon her, they still insisted that Elizabeth should settle terms of accommodation between Mary and her enemies in Scotland.[****] They maintained, that till their mistress had given in her answer to Murray’s charge, his proofs could neither be called for nor produced:[v] and finding that the English commissioners were still determined to proceed in the method which had been projected, they finally broke off the conferences, and never would make any reply.

* Anderson, vol. ii. p. 115. Goodall, vol. ii. p. 1.

** Anderson, vol. ii. part ii. p. 165, etc. Goodall, vol.
ii.

*** Anderson, vol. ii. p. 192. Goodall, vol. ii. p. 76.

**** Anderson, vol. iv. part ii. p. 135, 139. Goodall, vol.
ii.

v Anderson, vol. iv. part ii. p. 139, 145. Goodall, vol. ii.

These papers, at least translations of them, have since been published. The objections made to their authenticity are in general of small force: but were they ever so specious, they cannot now be hearkened to; since Mary, at the time when the truth could have been fully cleared, did in effect ratify the evidence against her, by recoiling from the inquiry at the very critical moment, and refusing to give an answer to the accusation of her enemies.[*] [12]

But Elizabeth, though she had seen enough for her own satisfaction, was determined that the most eminent persons of her court should also be acquainted with these transactions, and should be convinced of the equity of her proceedings. She ordered her privy council to be assembled; and, that she might render the matter more solemn and authentic, she summoned along with them the earls of Northumberland, Westmoreland, Shrewsbury, Worcester, Huntingdon, and Warwick. All the proceedings of the English commissioners were read to them: the evidences produced by Murray were perused: a great number of letters written by Mary to Elizabeth were laid before them, and the handwriting compared with that of the letters delivered in by the regent: the refusal of the queen of Scots’ commissioners to make any reply was related: and on the whole, Elizabeth told them, that as she had from the first thought it improper that Mary, after such horrid crimes were imputed to her, should be admitted to her presence, before she had in some measure justified herself from the charge, so now, when her guilt was confirmed by so many evidences, and all answer refused, she must, for her part, persevere more steadily in that resolution.[**] Elizabeth next called in the queen of Scots’ commissioners; and after observing, that she deemed it much more decent for their mistress to continue the conferences, than to require the liberty of justifying herself in person, she told them, that Mary might either send her reply by a person whom she trusted, or deliver it herself to some English nobleman, whom Elizabeth should appoint to wait upon her: but as to her resolution of making no reply at all, she must regard it as the strongest confession of guilt, nor could they ever be deemed her friends who advised her to that method of proceeding.[***] These topics she enforced still more strongly in a letter which she wrote to Mary herself.[****]

* See note L, at the end of the volume.

** Anderson, vol. iv. part ii. p. 170, etc. Goodall, vol.
ii. p. 254.

*** Anderson, vol. iv. part ii. p. 179, etc. Goodall, vol.
ii p. 268.

**** Anderson, vol. iv part ii. p. 183. Goodall, vol. ii. p.
269.

The queen of Scots had no other subterfuge from these pressing remonstrances, than still to demand a personal interview with Elizabeth: a concession which, she was sensible, would never be granted;[*] because Elizabeth knew that this expedient could decide nothing; because it brought matters to extremity, which that princess desired to avoid; and because it had been refused from the beginning, even before the commencement of the conferences. In order to keep herself better in countenance, Mary thought of another device. Though the conferences were broken off, she ordered her commissioners to accuse the earl of Murray and his associates as the murderers of the king:[**] but this accusation, coming so late, being extorted merely by a complaint of Murray’s, and being unsupported by any proof, could only be regarded as an angry recrimination upon her enemy.[***] [13] She also desired to have copies of the papers given in by the regent; but as she still persisted in her resolution to make no reply before the English commissioners, this demand was finally refused her.[****] [14]

* Cabala, p. 157.

** Goodall, vol. ii. p. 280.

*** See note M, at the end of the volume.

**** Goodall, vol. ii. p. 253, 283, 289, 310, 311. Haynes,
vol. i. p. 492. See note N, at the end of the volume.

As Mary had thus put an end to the conferences, the regent expressed great impatience to return into Scotland; and he complained, that his enemies had taken advantage of his absence, and had thrown the whole government into confusion. Elizabeth therefore dismissed him; and granted him a loan of five thousand pounds, to bear the charges of his journey.[*] During the conferences at York, the duke of Chatelrault arrived at London, in passing from France; and as the queen knew that he was engaged in Mary’s party, and had very plausible pretensions to the regency of the king of Scots, she thought proper to detain him till after Murray’s departure. But notwithstanding these marks of favor, and some other assistance which she secretly gave this latter nobleman,[**] she still declined acknowledging the young king, or treating with Murray as regent of Scotland.

* Rymer, tom. xv. p. 677.

* MS. in the Advocates’ library. A. 3, 29, p. 128, 129, 130,
from Cott. lab. Cal. c. 1.

Orders were given for removing the queen of Scots from Bolton, a place surrounded with Catholics, to Tutbury, in the county of Stafford, where she was put under the custody of the earl of Shrewsbury. Elizabeth entertained hopes that this princess, discouraged by her misfortunes, and confounded by the late transactions, would be glad to secure a safe retreat from all the tempests with which she had been agitated; and she promised to bury every thing in oblivion, provided Mary would agree, either voluntary to resign her crown, or to associate her son with her in the government; and the administration to remain, during his minority, in the hands of the earl of Murray.[*] But that high-spirited princess refused all treaty upon such terms, and declared that her last words should be those of a queen of Scotland. Besides many other reasons, she said, which fixed her in that resolution, she knew, that if in the present emergence she made such concessions, her submission would be universally deemed an acknowledgment of guilt, and would ratify all the calumnies of her enemies.[**]

* Goodall, vol. ii. p. 295.

** Goodall. vol. ii. p. 301.

Mary still insisted upon this alternative; either that Elizabeth should assist her in recovering her authority, or should give her liberty to retire into France, and make trial of the friendship of other princes: and as she asserted, that she had come voluntarily into England, invited by many former professions of amity, she thought that one or other of these requests could not, without the most extreme injustice, be refused her. But Elizabeth, sensible of the danger which attended both these proposals, was secretly resolved to detain her still a captive; and as her retreat into England had been little voluntary, her claim upon the queen’s generosity appeared much less urgent than she was willing to pretend. Necessity, it was thought, would to the prudent justify her detention: her past misconduct would apologize for it to the equitable: and though it was foreseen, that compassion for Mary’s situation, joined to her intrigues and insinuating behavior, would, while she remained in England, excite the zeal of her friends, especially of the Catholics, these inconveniences were deemed much inferior to those which attended any other expedient. Elizabeth trusted also to her own address, for eluding all these difficulties: she purposed to avoid breaking absolutely with the queen of Scots, to keep her always in hopes of an accommodation, to negotiate perpetually with her, and still to throw the blame of not coming to any conclusion, either on unforeseen accidents, or on the obstinacy and perverseness of others.

We come now to mention some English affairs which we left behind us, that we might not interrupt our narrative of the events in Scotland, which formed so material a part of the present reign. The term fixed by the treaty of Chateau-Cambresis for the restitution of Calais, expired in 1567; and Elizabeth, after making her demand at the gates of that city, sent Sir Thomas Smith to Paris; and that minister, in conjunction with Sir Henry Norris, her resident ambassador, enforced her pretensions. Conferences were held on that head, without coming to any conclusion satisfactory to the English. The chancellor, De L’Hospital, told the English ambassadors, that though France by an article of the treaty was obliged to restore Calais on the expiration of eight years, there was another article of the same treaty, which now deprived Elizabeth of any right that could accrue to her by that engagement; that it was agreed, if the English should, during the interval, commit hostilities upon France, they should instantly forfeit all claim to Calais; and the taking possession of Havre and Dieppe, with whatever pretences that measure might be covered, was a plain violation of the peace between the nations: that though these places were not entered by force, but put into Elizabeth’s hands by the governors, these governors were rebels; and a correspondence with such traitors was the most flagrant injury that could be committed on any sovereign: that in the treaty which ensued upon the expulsion of the English from Normandy, the French ministers had absolutely refused to make any mention of Calais, and had thereby declared their intention to take advantage of the title which had accrued to the crown of France: and that though a general clause had been inserted, implying a reservation of all claims, this concession could not avail the English, who at that time possessed no just claim to Calais, and had previously forfeited all right to that fortress.[*] The queen was nowise surprised at hearing these allegations; and as she knew that the French court intended not from the first to make restitution, much less after they could justify their refusal by such plausible reasons, she thought it better for the present to acquiesce in the loss, than to pursue a doubtful title by a war both dangerous and expensive, as well as unseasonable.[**]

* Haynes, p. 587.

** Camden, p. 406.

Elizabeth entered anew into negotiations for espousing the archduke Charles; and she seems, at this time, to have had no great motive of policy which might induce her to make this fallacious offer: but as she was very rigorous in the terms insisted on, and would not agree that the archduke, if he espoused her, should enjoy any power or title in England, and even refused him the exercise of his religion, the treaty came to nothing; and that prince, despairing of success in his addresses, married the daughter of Albert, duke of Bavaria.[*]

* Camden, p. 407, 408.