Thus the forms of justice were observed, and Montigny, a close prisoner in the tower of Segovia, was put upon trial for his life in Brussels. Certainly nothing could exceed the irony of such a process. The advocate had never seen his client, thousands of miles away, and was allowed to hold no communication with him by letter. The proceedings were instituted by a summons, addressed by the Duke of Alva to Madame de Montigny in Brussels. That unhappy lady could only appeal to the King. "Convinced," she said, "that her husband was innocent of the charges brought against him, she threw herself, overwhelmed and consumed by tears and misery, at his Majesty's feet. She begged the King to remember the past services of Montigny, her own youth, and that she had enjoyed his company but four months. By all these considerations, and by the passion of Jesus Christ, she adjured the monarch to pardon any faults which her husband might have committed." The reader can easily judge how much effect such a tender appeal was like to have upon the heart of Philip. From that rock; thus feebly smitten, there flowed no fountain of mercy. It was not more certain that Montigny's answers to the interrogatories addressed to him had created a triumphant vindication of his course, than that such vindication would be utterly powerless to save his life. The charges preferred against him were similar to those which had brought Egmont and Horn to the block, and it certainly created no ground of hope for him, that he could prove himself even more innocent of suspicious conduct than they had done. On the 4th March, 1570, accordingly, the Duke of Alva pronounced sentence against him. The sentence declared that his head should be cut off, and afterwards exposed to public view upon the head of a pike. Upon the 18th March, 1570, the Duke addressed a requisitory letter to the alcaldes, corregidors, and other judges of Castile, empowering them to carry the sentence into execution.
On the arrival of this requisition there was a serious debate before the King in council. It seemed to be the general opinion that there had been almost severity enough in the Netherlands for the present. The spectacle of the public execution of another distinguished personage, it was thought, might now prove more irritating than salutary. The King was of this opinion himself. It certainly did not occur to him or to his advisers that this consideration should lead them to spare the life of an innocent man. The doubts entertained as to the expediency of a fresh murder were not allowed to benefit the prisoner, who, besides being a loyal subject and a communicant of the ancient Church, was also clothed in the white robes of an envoy, claiming not only justice but hospitality, as the deputy of Philip's sister, Margaret of Parma. These considerations probably never occurred to the mind of His Majesty. In view, however, of the peculiar circumstances of the case, it was unanimously agreed that there should be no more blood publicly shed. Most of the councillors were in favor of slow poison. Montigny's meat and drink, they said, should be daily drugged, so that he might die by little and little. Philip, however, terminated these disquisitions by deciding that the ends of justice would not thus be sufficiently answered. The prisoner, he had resolved, should be regularly executed, but the deed should be secret, and it should be publicly announced that he had died of a fever.
This point having been settled; the King now set about the arrangement of his plan with all that close attention to detail which marked his character. The patient industry which, had God given him a human heart and a love of right, might have made him a useful monarch, he now devoted to a scheme of midnight murder with a tranquil sense of enjoyment which seems almost incredible. There is no exaggeration in calling the deed a murder, for it certainly was not sanctioned by any law, divine or human, nor justified or excused by any of the circumstances which are supposed to palliate homicide. Nor, when the elaborate and superfluous luxury of arrangements made by Philip for the accomplishment of his design is considered, can it be doubted that he found a positive pleasure in his task. It would almost seem that he had become jealous of Alva's achievements in the work of slaughter. He appeared willing to prove to those immediately about him, that however capable might be the Viceroy of conducting public executions on a grand and terrifying scale, there was yet a certain delicacy of finish never attained by Alva in such business, and which was all his Majesty's own. The King was resolved to make the assassination of Montigny a masterpiece.
On the 17th August, 1570, he accordingly directed Don Eugenio de Peralta, concierge of the fortress of Simancas, to repair to Segovia, and thence to remove the Seigneur Montigny to Simancas. Here he was to be strictly immured; yet was to be allowed at times to walk in the corridor adjoining his chamber. On the 7th October following, the licentiate Don Alonzo de Avellano, alcalde of Valladolid, was furnished with an order addressed by the King to Don Eugenio de Peralta, requiring him to place the prisoner in the hands of the said licentiate, who was charged with the execution of Alva's sentence. This functionary had, moreover, been provided with a minute letter of instructions, which had been drawn up according to the King's directions, on the 1st October. In these royal instructions, it was stated that, although the sentence was for a public execution, yet the King had decided in favor of a private one within the walls of the fortress. It was to be managed so that no one should suspect that Montigny had been executed, but so that, on the contrary, it should be universally said and believed that he had died a natural death. Very few persons, all sworn and threatened into secrecy, were therefore to be employed. Don Alonzo was to start immediately for Valladolid; which was within two short leagues of Simancas. At that place he would communicate with Don Eugenio, and arrange the mode, day, and hour of execution. He would leave Valladolid on the evening before a holiday, late in the afternoon, so as to arrive a little after dark at Simancas. He would take with him a confidential notary, an executioner, and as few servants as possible. Immediately upon his entrance to the fortress, he was to communicate the sentence of death to Montigny, in presence of Don Eugenio and of one or two other persons. He would then console him, in which task he would be assisted by Don Eugenio. He would afterwards leave him with the religious person who would be appointed for that purpose. That night and the whole of the following day, which would be a festival, till after midnight, would be allotted to Montigny, that he might have time to confess, to receive the sacraments, to convert himself to God, and to repent. Between one and two o'clock in the morning the execution was to take place, in presence of the ecclesiastic, of Don Eugenio de Peralta, of the notary, and of one or two other persons, who would be needed by the executioner. The ecclesiastic was to be a wise and prudent person, and to be informed how little confidence Montigny inspired in the article of faith. If the prisoner should wish to make a will, it could not be permitted. As all his property had been confiscated, he could dispose of nothing. Should he, however, desire to make a memorial of the debts which he would wish paid; he was to be allowed that liberty. It was, however, to be stipulated that he was to make no allusion, in any memorial or letter which he might write, to the execution which was about to take place. He was to use the language of a man seriously ill, and who feels himself at the point of death. By this infernal ingenuity it was proposed to make the victim an accomplice in the plot, and to place a false exculpation of his assassins in his dying lips. The execution having been fulfilled, and the death having been announced with the dissimulation prescribed, the burial was to take place in the church of Saint Saviour, in Simancas. A moderate degree of pomp, such as befitted a person of Montigny's quality, was to be allowed, and a decent tomb erected. A grand mass was also to be celebrated, with a respectable number, "say seven hundred," of lesser masses. As the servants of the defunct were few in number, continued the frugal King, they might be provided each with a suit of mourning. Having thus personally arranged all the details of this secret work, from the reading of the sentence to the burial of the prisoner; having settled not only the mode of his departure from life, but of his passage through purgatory, the King despatched the agent on his mission.
The royal program was faithfully enacted. Don Alonzo arrived at Valladolid; and made his arrangements with Don Eugenio. It was agreed that a paper, prepared by royal authority, and brought by Don Alonzo from Madrid, should be thrown into the corridor of Montigny's prison. This paper, written in Latin, ran as follows:
"In the night, as I understand, there will be no chance for your
escape. In the daytime there will be many; for you are then in
charge of a single gouty guardian, no match in strength or speed for
so vigorous a man as you. Make your escape from the 8th to the 12th
of October, at any hour you can, and take the road contiguous to the
castle gate through which you entered. You will find Robert and
John, who will be ready with horses, and with everything necessary.
May God favor your undertaking.—R. D. M."
The letter, thus designedly thrown into the corridor by one confederate, was soon afterwards picked up by the other, who immediately taxed Montigny with an attempt to escape. Notwithstanding the vehement protestations of innocence naturally made by the prisoner, his pretended project was made the pretext for a still closer imprisonment in the "Bishop's Tower." A letter, written at Madrid, by Philip's orders, had been brought by Don Alonzo to Simancas, narrating by anticipation these circumstances, precisely as they had now occurred. It moreover stated that Montigny, in consequence of his close confinement, had fallen grievously ill, and that he would receive all the attention compatible with his safe keeping. This letter, according to previous orders, was now signed by Don Eugenio de Peralta, dated 10th October, 1570; and publicly despatched to Philip. It was thus formally established that Montigny was seriously ill. A physician, thoroughly instructed and sworn to secrecy, was now ostentatiously admitted to the tower, bringing with him a vast quantity of drugs. He duly circulated among the townspeople, on his return, his opinion that the illustrious prisoner was afflicted with a disorder from which it was almost impossible that he should recover. Thus, thanks to Philip's masterly precautions, not a person in Madrid or Simancas was ignorant that Montigny was dying of a fever, with the single exception of the patient himself.
On Saturday, the 14th of October, at nightfall, Don Alonzo de Avellano, accompanied by the prescribed individuals, including Fray Hernando del, Castillo, an ecclesiastic of high reputation, made their appearance at the prison of Simancas. At ten in the evening the announcement of the sentence was made to Montigny. He was visibly agitated at the sudden intelligence, for it was entirely unexpected by him. He had, on the contrary, hoped much from the intercession of, the Queen, whose arrival he had already learned. He soon recovered himself, however, and requested to be left alone with the ecclesiastic. All the night and the following day were passed in holy offices. He conducted himself with great moderation, courage, and tranquillity. He protested his entire innocence of any complicity with the Prince of Orange, or of any disloyal designs or sentiments at any period of his life. He drew up a memorial, expressing his strong attachment to every point of the Catholic faith, from which he had never for an instant swerved. His whole demeanor was noble, submissive, and Christian. "In every essential," said Fray Hernando, "he conducted himself so well that we who remain may bear him envy." He wrote a paper of instructions concerning his faithful and bereaved dependents. He placed his signet ring, attached to a small gold chain, in the hands of the ecclesiastic, to be by him transmitted to his wife. Another ring, set with turquois, he sent to his mother-in-law, the Princess Espinoy, from whom he had received it. About an hour after midnight, on the morning, therefore, of the 16th of October, Fray Hernando gave notice that the prisoner was ready to die. The alcalde Don Alonzo then entered, accompanied by the executioner and the notary. The sentence of Alva was now again recited, the alcalde adding that the King, "out of his clemency and benignity," had substituted a secret for a public execution. Montigny admitted that the judgment would be just and the punishment lenient, if it were conceded that the charges against him were true. His enemies, however, while he had been thus immured, had possessed the power to accuse him as they listed. He ceased to speak, and the executioner then came forward and strangled him. The alcalde, the notary, and the executioner then immediately started for Valladolid, so that no person next morning knew that they had been that night at Simancas, nor could guess the dark deed which they had then and there accomplished. The terrible, secret they were forbidden, on pain of death, to reveal.
Montigny, immediately after his death, was clothed in the habit of Saint Francis, in order to conceal the marks of strangulation. In the course of the day the body was deposited, according to the King's previous orders, in the church of Saint Saviour. Don Eugenio de Peralta, who superintended the interment, uncovered the face of the defunct to prove his identity, which was instantly recognised by many sorrowing servants. The next morning the second letter, prepared by Philip long before, and brought by Don Alonzo de Avellano to Simancas, received the date of 17th October, 1570, together with the signature of Don Eugenio de Peralta, keeper of Simancas fortress, and was then publicly despatched to the King. It stated that, notwithstanding the care given to the Seigneur de Montigny in his severe illness by the physicians who had attended him, he had continued to grow worse and worse until the previous morning between three and four o'clock, when he had expired. The Fray Hernando del Castillo, who had accidentally happened to be at Simancas, had performed the holy offices, at the request of the deceased, who had died in so catholic a frame of mind, that great hopes might be entertained of his salvation. Although he possessed no property, yet his burial had been conducted very respectably.
On the 3rd of November, 1570, these two letters, ostensibly written by Don Eugenio de Peralta, were transmitted by Philip to the Duke of Alva. They were to serve as evidence of the statement which the Governor-General was now instructed to make, that the Seigneur de Montigny had died a natural death in the fortress of Simancas. By the same courier, the King likewise forwarded a secret memoir, containing the exact history of the dark transaction, from which memoir the foregoing account has been prepared. At the same time the Duke was instructed publicly to exhibit the lying letters of Don Eugenio de Peralta, as containing an authentic statement of the affair. The King observed, moreover, in his letter, that there was not a person in Spain who doubted that Montigny had died of a fever. He added that if the sentiments of the deceased nobleman had been at all in conformity with his external manifestations, according to the accounts received of his last moments, it was to be hoped that God would have mercy upon his soul. The secretary who copied the letter, took the liberty of adding, however, to this paragraph the suggestion, that "if Montigny were really a heretic, the devil, who always assists his children in such moments, would hardly have failed him in his dying hour." Philip, displeased with this flippancy, caused the passage to be erased. He even gave vent to his royal indignation in a marginal note, to the effect that we should always express favorable judgments concerning the dead—a pious sentiment always dearer to writing masters than to historians. It seemed never to have occurred however to this remarkable moralist, that it was quite as reprehensible to strangle an innocent man as to speak ill of him after his decease.