* Queen Elizabeth was willing to have allowed Curle and Nau
to be produced in the trial, and writes to that purpose to
Burleigh and Walsingham, in her letter of the seventh of
October, in Forbes’s MS collections. She only says, that she
thinks it needless, though she was willing to agree to it.
The not confronting of the witnesses was not the result of
design, but the practice of the age.
There passed two incidents in this trial which may be worth observing. A letter between Mary and Babington was read, in which mention was made of the earl of Arundel and his brothers: on hearing their names, she broke into a sigh. “Alas,” said she, “what has the noble house of the Howards suffered for my sake!” She affirmed, with regard to the same letter, that it was easy to forge the handwriting and cipher of another; she was afraid that this was too familiar a practice with Walsingham, who, she also heard, had frequently practised both against her life and her son’s. Walsingham, who was one of the commissioners, rose up. He protested that, in his private capacity, he had never acted any thing against the queen of Scots: in his public capacity, he owned, that his concern for his sovereign’s safety had made him very diligent in searching out, by every expedient, all designs against her sacred person or her authority. For attaining that end, he would not only make use of the assistance of Ballard or any other conspirator; he would also reward them for betraying their companions. But if he had tampered in any manner unbefitting his character and office, why did none of the late criminals, either at their trial or execution accuse him of such practices? Mary endeavored to pacify him, by saying that she spoke from information; and she begged him to give thenceforth no more credit to such as slandered her, than she should to such as accused him. The great character, indeed, which Sir Francis Walsingham bears for probity and honor, should remove from him all suspicion of such base arts as forgery and subornation; arts which even the most corrupt ministers, in the most corrupt times, would scruple to employ.
Having finished the trial, the commissioners, adjourned from Fotheringay Castle, and met in the star chamber at London, where, after taking the oaths of Mary’s two secretaries, who voluntarily, without hope or reward, vouched the authenticity of those letters before produced, they pronounced sentence of death upon the queen of Scots, and confirmed it by their seals and subscriptions. The same day, a declaration was published by the commissioners and the judges “that the sentence did nowise derogate from the title and honor of James, king of Scotland; but that he was in the same place, degree, and right, as if the sentence had never been pronounced.”[*]
* Camden, p. 526.
The queen had now brought affairs with Mary to that situation which she had long ardently desired; and had found a plausible reason for executing vengeance on a competitor, whom, from the beginning of her reign, she had ever equally dreaded and hated. But she was restrained from instantly gratifying her resentment, by several important considerations. She foresaw the invidious colors in which this example of uncommon jurisdiction would be represented by the numerous partisans of Mary, and the reproach to which she herself might be exposed with all foreign princes, perhaps with all posterity. The rights of hospitality, of kindred, and of royal majesty, seemed in one signal instance to be all violated; and this sacrifice of generosity to interest, of clemency to revenge, might appear equally unbecoming a sovereign and a woman. Elizabeth, therefore, who was an excellent hypocrite, pretended the utmost reluctance to proceed to the execution of the sentence; affected the most tender sympathy with her prisoner; displayed all her scruples and difficulties; rejected the solicitation of her courtiers and ministers; and affirmed that, were she not moved by the deepest concern for her people’s safety, she would not hesitate a moment in pardoning all the injuries which she herself had received from the queen of Scots.
That the voice of her people might be more audibly heard in the demand of justice upon Mary, she summoned a new parliament; and she knew, both from the usual dispositions of that assembly, and from the influence of her ministers over them, that she should not want the most earnest solicitation to consent to that measure which was so agreeable to her secret inclinations. She did not open this assembly in person, but appointed for that purpose three commissioners, Bromley, the chancellor, Burleigh, the treasurer, and the earl of Derby. The reason assigned for this measure was, that the queen, foreseeing that the affair of the queen of Scots would be canvassed in parliament, found her tenderness and delicacy so much hurt by that melancholy incident, that she had not the courage to be present while it was under deliberation, but withdrew her eyes from what she could not behold without the utmost reluctance and uneasiness. She was also willing, that, by this unusual precaution, the people should see the danger to which her person was hourly exposed; and should thence be more strongly incited to take vengeance on the criminal, whose restless intrigues and bloody conspiracies had so long exposed her to the most imminent perils.[*]
The parliament answered the queen’s expectations: the sentence against Mary was unanimously ratified by both houses, and an application was voted to obtain Elizabeth’s consent to its publication and execution.[**] She gave an answer ambiguous, embarrassed; full of real artifice, and seeming irresolution. She mentioned the extreme danger to which her life was continually exposed; she declared her willingness to die, did she not foresee the great calamities which would thence fall upon the nation; she made professions of the greatest tenderness to her people; she displayed the clemency of her temper, and expressed her violent reluctance to execute the sentence against her unhappy kinswoman; she affirmed, that the late law, by which that princess was tried, so far from being made to insnare her, was only intended to give her warning beforehand, not to engage in such attempts as might expose her to the penalties with which she was thus openly menaced; and she begged them to think once again, whether it were possible to find any expedient, besides the death of the queen of Scots, for securing the public tranquility.[***]
* D’Ewes, p. 375.
** D’Ewes, p. 379.
*** D’Ewes, p. 402, 403.
The parliament, in obedience to her commands, took the affair again under consideration; but could find no other possible expedient. They reiterated their solicitations, and entreaties, and arguments: they even remonstrated, that mercy to the queen of Scots was cruelty to them, her subjects and children: and they affirmed, that it were injustice to deny execution of the law to any individual; much more to the whole body of the people, now unanimously and earnestly suing for this pledge of her parental care and tenderness. This second address set the pretended doubts and scruples of Elizabeth anew in agitation; she complained of her now unfortunate situation; expressed her uneasiness from their importunity; renewed the professions of affection to her people; and dismissed the committee of parliament in an uncertainty what, after all this deliberation, might be her final resolution.[*] [27]
But though the queen affected reluctance to execute the sentence against Mary, she complied with the request of parliament in publishing it by proclamation; and this act seemed to be attended with the unanimous and hearty rejoicings of the people. Lord Buckhurst, and Beale, clerk of the council, were sent to the queen of Scots, and notified to her the sentence pronounced against her, its ratification by parliament, and the earnest applications made for its execution by that assembly, who thought that their religion could never, while she was alive, attain a full settlement and security. Mary was nowise dismayed at this intelligence: on the contrary, she joyfully laid hold of the last circumstance mentioned to her; and insisted, that since her death was demanded by the Protestants for the establishment of their faith, she was really a martyr to her religion, and was entitled to all the merits attending that glorious character. She added, that the English had often imbrued their hands in the blood of their sovereigns: no wonder they exercised cruelty against her, who derived her descent from these monarchs.[**] Paulet, her keeper, received orders to take down her canopy, and to serve her no longer with the respect due to sovereign princes. He told her, that she was now to be considered as a dead person, and incapable of any dignity.[***] This harsh treatment produced not in her any seeming emotion. She only replied, that she received her royal character from the hands of the Almighty, and no earthly power was ever able to bereave her of it.