Mary heard of all this, and of Moray’s admission to Elizabeth’s presence, from Hepburn of Riccartoun, Bothwell’s friend and kinsman (November 21).[298] On November 22, therefore, she wrote to bid her Commissioners break up the Conference, if she, the accused, was denied the freedom to be present, conceded to Moray, the accuser. Nothing could be more correct, but, at the same time, in ‘a missive letter’ Mary suggested to her Commissioners that they should again try to compromise, saving her crown and honour.[299] These would not have been saved by the compromise which, according to Robert Melville, Norfolk forbade her to make.
XII
THE LETTERS AT WESTMINSTER AND HAMPTON COURT
The Commission opened on November 25 at Westminster, after Elizabeth had protested that she would not ‘take upon her to be judge.’[300]
On the 26th Moray put in a written Protestation, as to their reluctance in accusing Mary. They then put in an ‘Eik,’ or addition, with the formal charge.[301] On the 29th November, the Lords said that this charge might be handed to Mary’s Commissioners. Lennox appeared as an accuser, and put in ‘A Discourse of the Usage’ of Darnley by Mary: the last of his Indictments. It covered three sheets of paper. Mary’s men now entered, received Moray’s accusation, retired, discussed it, and asked for a delay for consideration. On December 1, they returned. Moray’s ‘Eik’ of accusation had been presented to Mary’s Commissioners on November 29. James Melville says that Lethington was not present, had ‘a sore heart,’ and whispered to Moray that he had shamed himself for ever. The Letters would come out. Mary would retort. Lethington would be undone. Mary’s men might have been expected, as they asked for a delay, to protract it till they could consult their mistress. The wintry weather was evil, the roads were foul, communication was slow, and the injustice to Mary of keeping her at four or five days’ distance from her representatives was disgraceful. Instead of consulting her, the Commissioners for Mary met the English on December 1.
They had none of her courage, and Herries had plainly shown to Elizabeth his want of confidence in Mary’s innocence. In June he had asked Elizabeth what she meant to do if appearances proved against Mary. And he told Mary that he had done so.[302] He now read a tame speech, inveighing against the accusers, and declaring that, when the cause should be further tried, some of them would be proved guilty of entering into bands for Darnley’s murder. Lesley followed, stating that he and his fellows must see Elizabeth, and communicate to her Mary’s demand to be heard in person, before Elizabeth, the Peers, and the Ambassadors; while the accusers must be detained till the end of the cause.[303] On December 3, Lesley and the rest presented these demands to Elizabeth at Hampton Court. The Council later put the request before legal advisers, who replied at length. They answered that even God (though He was fully acquainted with all the circumstances) did not condemn Adam and Eve unheard. But as to Mary’s non-recognition of a mortal judge, that was absurd. If she meant to be heard, she tacitly acknowledged the jurisdiction: which is perfectly true. A door must be open or shut. Thirdly, it was ridiculous to ask Elizabeth to be present, but only as a spectator. Fourthly, it was no less absurd to ask all the nobles to attend a trial which might be long, but they might choose representatives, if Mary desired it, to appear when convenient. Fifthly, it was ridiculous to demand the presence of ambassadors, who would be neither prosecutors, defenders, judges, clerks, nor witnesses: they could only be lookers-on, like other people. That the scene should be London was reasonable, but it might be elsewhere.
There was this addition (puis est adjouxté), ‘We think this voluntary offer’ (of Mary) ‘so important that, in our opinion, all her demands should be granted, without prejudice or contravention to the Queen of England, so that none may be able to say a word against the manner of procedure.’[304]
To myself it appears that the majority of the civilians consulted returned the reply which insists that Mary must be tried with acknowledgment of jurisdiction, if she is to be heard at all, and that the addition, declaring her demands just, is the conclusion of a minority. Mary wanted the pomp and publicity of a great trial, which, after all, was to be a mere appeal to public opinion. As Queen of Scots, she could not destroy the fruits of Bannockburn and the wars of Independence, by acknowledging an English sovereign as her Judge and Superior. She could not return to the position of John Balliol under Edward I. She had been beguiled into confiding her cause to Elizabeth, and this was the result.