1572.

A jury of twenty-five peers unanimously passed sentence upon him. The trial was quite regular, even according to the strict rules observed at present in these matters; except that the witnesses gave not their evidence in court, and were not confronted with the prisoner; a laudable practice, which was not at that time observed in trials for high treason.

The queen still hesitated concerning Norfolk’s execution; whether that she was really moved by friendship and compassion towards a peer of that rank and merit, or that, affecting the praise of clemency, she only put on the appearance of these sentiments. Twice she signed a warrant for his execution, and twice revoked the fatal sentence;[***] and though her ministers and counsellors pushed her to rigor, she still appeared irresolute and undetermined.

* Lesley, p. 175.
** Lesley, p. 189. Spotswood.
*** Carte, p. 527, from Fenelon’s Despatches. Digges, p.
166. Strype, vol. ii. p. 83.

After four months’ hesitation, a parliament was assembled; and the commons addressed her in strong terms for the execution of the duke; a sanction which, when added to the greatness and certainty of his guilt, would, she thought, justify, in the eyes of all mankind, her severity against that nobleman. Norfolk died with calmness and constancy; and though he cleared himself of any disloyal intentions against the queen’s authority, he acknowledged the justice of the sentence by which he suffered.[*] That we may relate together affairs of a similar nature, we shall mention, that the earl of Northumberland, being delivered up to the queen by the regent of Scotland, was also, a few months after, brought to the scaffold for his rebellion.

The queen of Scots was either the occasion or the cause of all these disturbances; but as she was a sovereign princess and might reasonably, from the harsh treatment which she had met with, think herself entitled to use any expedient for her relief, Elizabeth durst not, as yet, form any resolution of proceeding to extremities against her. She only sent Lord Delawar, Sir Ralph Sadler, Sir Thomas Bromley, and Dr. Wilson, to expostulate with her, and to demand satisfaction for all those parts of her conduct, which, from the beginning of her life, had given displeasure to Elizabeth: her assuming the arms of England, refusing to ratify the treaty of Edinburgh, intending to marry Norfolk without the queen’s consent, concurring in the northern rebellion,[**] practising with Rodolphi to engage the king of Spain in an invasion of England,[***] procuring the pope’s bull of excommunication, and allowing her friends abroad to give her the title of queen of England. Mary justified herself from the several articles of the charge, either by denying the facts imputed to her, or by throwing the blame on others.[****] But the queen was little satisfied with her apology; and the parliament was so enraged against her, that the commons made a direct application for her immediate trial and execution. They employed some topics derived from practice, and reason, and the laws of nations; but the chief stress was laid on passages and examples from the Old Testament,[v] which, if considered as a general rule of conduct, (an intention which it is unreasonable to suppose,) would lead to consequences destructive of all principles of humanity and morality. Matters were here carried further than Elizabeth intended; and that princess, satisfied with showing Mary the disposition of the nation, sent to the house her express commands not to deal any further at present with the affair of the Scottish queen.[v*]

* Camden, p. 440. Strype, vol. ii. App. p. 23.
** Digges, p. 16, 107. Strype, vol. ii. p. 51, 52.
*** Digges, p. 194, 208, 209. Strype, vol. ii. p. 40, 51.
**** Camden, p. 442.
v D’Ewes, p. 207, 208, etc.
v* D’Ewes, p. 219, 241.

Nothing could be a stronger proof that the puritanical interest prevailed in the house, than the intemperate use of authorities derived from Scripture, especially from the Old Testament; and the queen was so little a lover of that sect, that she was not likely to make any concession merely in deference to their solicitation. She showed, this session, her disapprobation of their schemes in another remarkable instance. The commons had passed two bills for regulating ecclesiastical ceremonies; but she sent them a like imperious message with her former ones; and by the terror of her prerogative, she stopped all further proceeding in those matters[*]

But though Elizabeth would not carry matters to such extremities against Mary as were recommended by the parliament, she was alarmed at the great interest and the restless spirit of that princess, as well as her close connections with Spain; and she thought it necessary both to increase the rigor and strictness of her confinement, and to follow maxims different from those which she had hitherto pursued in her management of Scotland.[**] That kingdom remained still in a state of anarchy. The Castle of Edinburgh, commanded by Kirkaldy of Grange, had declared for Mary; and the lords of that party, encouraged by his countenance, had taken possession of the capital, and carried on a vigorous war against the regent. By a sudden and unexpected inroad, they seized that nobleman at Stirling; but finding that his friends, sallying from the castle, were likely to rescue him, they instantly put him to death. The earl of Marre was chosen regent in his room, and found the same difficulties in the government of that divided country. He was therefore glad to accept of the mediation offered by the French and English ambassadors; and to conclude, on equal terms, a truce with the queen’s party.[***] He was a man of free and generous spirit, and scorned to submit to any dependence on England; and for this reason Elizabeth, who had then formed intimate connections with France, yielded with less reluctance to the solicitations of that court, still maintained the appearance of neutrality between the parties, and allowed matters to remain on a balance in Scotland.[****]

* D’Ewes, p. 213, 238.
** Digges, p. 152.
*** Spotswood, p. 263.
**** Digges, p. 156, 165, 169.