The duke on his arrival was committed to the Tower; but neither against him nor any of his adherents did the queen think proper to proceed by course of law, and they were all liberated after a restraint of longer or shorter duration.
It is proper to mention, that the adherents of Mary in her own time, and various writers since, have conspired to cast severe reflections upon Elizabeth for committing her to the joint custody of the earl of Huntingdon, because this nobleman, being descended by his mother, a daughter of Henry Pole lord Montacute, from the house of Clarence, was supposed to put his right of succession to the crown in competition with hers, and therefore to entertain against her peculiar animosity. But on the part of Elizabeth it may be observed, First, that there is not the slightest ground to suspect that this nobleman, who was childless, entertained the most distant idea of reviving the obsolete claims of his family; and certainly if Elizabeth had suspected him of it, he would never have held so high a place in her confidence. Secondly, nothing less than the death of Mary would have served any designs that he might have formed; and by joining him in commission with others for her safe keeping, Elizabeth will scarcely be said to have put it in his power to make away with her. Thirdly, the very writers who complain of the vigilance and strictness with which the queen of Scots was now guarded, all acknowledge that nothing less could have baffled the plans of escape which the zeal of her partisans was continually setting on foot. Amongst the warmest of these partisans was Leonard Dacre, a gentleman whose personal qualities, whose errors, injuries and misfortunes, all conspire to render him an object of attention, illustrative as they also are of the practices and sentiments of his age.
Leonard was the second son of William lord Dacre of Gilsland, descended from the ancient barons Vaux who had held lordships in Cumberland from the days of the Conqueror.
In 1568, on the death without issue of his nephew, a minor in wardship to the duke of Norfolk, Leonard as heir male laid claim to the title and family estates, but the three sisters of the last lord disputed with him this valuable succession; and being supported by the interest of the duke of Norfolk their step-father, to whose three sons they were married, they found means to defeat the claims of their uncle, though indisputably good in law;—one instance in a thousand of the scandalous partiality towards the rich and powerful exhibited in the legal decisions of that age.
Stung with resentment against the government and the queen herself, by whom justice had been denied him, Leonard Dacre threw himself, with all the impetuosity of his character, into the measures of the malcontents and the interests of the queen of Scots, and he laid a daring plan for her deliverance from Tutbury-castle. This plan the duke on its being communicated to him had vehemently opposed, partly from his repugnance to measures of violence, partly from the apprehension that Mary, when at liberty, might fall into the hands of a foreign and catholic party, and desert her engagements with him for a marriage with the king of Spain. Dacre, however, was not to be diverted from his design, especially by the man with whom he was at open enmity, and he assembled a troop of horse for its execution; but suspicions had probably been excited, and the sudden removal of the prisoner to Wingfield frustrated all his measures.
This was not the only attempt of that turbulent and dangerous faction of which the inconsiderate ambition of the duke had rendered him nominally the head but really the tool and victim, which he had now the grief to find himself utterly unable to guide or restrain.
The earls of Northumberland and Westmorland, heads of the ancient and warlike families of Percy and Nevil, were the first to break that internal tranquillity which the kingdom had hitherto enjoyed, without the slightest interruption, under the wise and vigorous rule of Elizabeth. The remoteness of these noblemen from the court and capital, with the poverty and consequent simplicity, almost barbarism, of the vassals over whom they bore sway, and whose homage they received like native and independent princes, appears to have nourished in their minds ideas of their own importance better suited to the period of the wars of the Roses than to the happier age of peace and order which had succeeded.
The offended pride of the earl of Westmorland, a man destitute in fact of every kind of talent, seems on some occasion to have conducted him to the discovery that at the court of Elizabeth the representative of the king-making Warwick was a person of very slender consideration. The failure of the grand attack upon the secretary, in which he had taken part, confirmed this mortifying impression; and the committal of his brother-in-law, the great and powerful duke of Norfolk himself, must subsequently have carried home to the bottom of his heart unwilling conviction that the preponderance of the ancient aristocracy of the country was subverted, and its proudest chieftains fast sinking to the common level of subjects. His attachment to the religion, with the other practices and prejudices of former ages, gave additional exasperation to his discontent against the established order of things: the incessant invectives of Romish priests against a princess whom the pope was on the point of anathematizing, represented the cause of her enemies as that of Heaven itself; and the spirit of the earl was roused at length to seek full vengeance for all the injuries sustained by his pride, his interests, or his principles.
Every motive of disaffection which wrought upon the mind of Westmorland, affected equally the earl of Northumberland; and to the cause of popery the latter was still further pledged by the example and fate of his father, that sir Thomas Percy who had perished on the scaffold for his share in Aske's rebellion. The attainder of sir Thomas had debarred his son from succeeding to the titles and estates of the last unhappy earl his uncle, and he had suffered the mortification of seeing them go to raise the fortunes of the house of Dudley; but on the accession of Mary, by whom his father was regarded as a martyr, he had been restored to all the honors of his birth, and treated with a degree of favor which could not but strengthen his predilection for the faith of which she was the patroness. It appears, however, that the attachment of the earl to the cause of popery had not on all occasions been proof against immediate personal interest. Soon after the marriage of the queen of Scots with Darnley, that rash and ill-judging pair esteeming their authority in the country sufficiently established to enable them to venture on an attempt for the restoration of the old religion, the pope, in furtherance of their pious designs, had remitted the sum of eight thousand crowns. "But the ship wherein the said gold was," says James Melvil in his memoirs, "did shipwrack upon the coast of England, within the earl of Northumberland's bounds, who alleged the whole to appertain to him by just law, which he caused his advocate to read unto me, when I was directed to him for the demanding restitution of the said sum, in the old Norman language, which neither he nor I understood well, it was so corrupt. But all my entreaties were ineffectual, he altogether refusing to give any part thereof to the queen, albeit he was himself a catholic, and professed secretly to be her friend." And through this disappointment Mary was compelled to give up her design.
An additional trait of the earl's character is furnished by the same author, in transcribing the instructions which he carried home from his brother sir Robert Melvil, then ambassador to England, on his return from that country, after announcing the birth of the prince of Scotland. "Item, that her majesty cast not off the earl of Northumberland, albeit as a fearful and facile man he delivered her letter to the queen of England; neither appear to find fault with sir Henry Percy as yet for his dealing with Mr. Ruxbie," (an English spy in Scotland) "which he doth to gain favor at court, being upon a contrary faction to his brother the earl."