CHAPTER VI
Proclamation by the Queen of England announcing Queen Mary's death—Elizabeth instructs Paulet to deliver Queen Mary to the Sheriff of Northampton—Memorial from Walsingham with instructions for the execution and interment—Unfinished paper by Lord Burghley on Mary's execution—Letter from King James to Elizabeth requesting her to spare his mother's life—Sir Robert Melville and the Master of Gray wait on her and petition for Mary's life—Extraordinary commission by Elizabeth to the Earls of Shrewsbury and Kent to execute the Scottish Queen—Letter of Queen Mary to Henry III.; being the last letter she ever wrote.
During the six months over which our narrative extends, probably the most imposing document that was issued was the proclamation by the Queen of England announcing the sentence of Queen Mary. This remarkable paper was drawn up with consummate ingenuity, and no doubt represented the combined skill of Elizabeth, Burghley, and Walsingham. It is founded ostensibly on the so-called Babington Conspiracy. In the full knowledge of that plot which these three persons possessed, and in the circumstances as now disclosed, the issue of this proclamation was an audacious and an unwarrantable act, and cannot be defended. The document may be summed up in one word, “infamous.” No one can blame the Scottish Queen for encouraging every plot formed for her release from the miserable life she was compelled to lead for the long period of nineteen years. Not one of these plots, to her knowledge, had anything to do with Elizabeth, and up to the day of her death she repudiated the charge that she ever did anything against Elizabeth's life. When this denial was so repeatedly given, Elizabeth's duty was to produce proof in support of the charge, or, failing that, to release the Queen. She neither did the one nor the other. Nothing was ever produced but these notable “interpolations.” Notwithstanding these, she kept nagging and torturing the Scottish Queen to confess her guilt; and when that failed she executed her. During the captivity of Mary many plots were formulated for her release, principally by the Catholic party or individual members of that party, all of which are not recorded. It is natural to suppose that the patience of the Catholics was exhausted at the conduct of Elizabeth. Who could blame them if they got up a rebellion or an invasion of England by the aid of France and Spain to compel Queen Mary's release? And who could blame Savage and Ballard, two noted Catholics, if they said they would themselves assassinate Elizabeth, in order to release Mary? There might be reasons for assassinating Elizabeth; there were none for assassinating Mary. When we further consider this proclamation of the Queen of England, that it is full of misstatements from beginning to end; when we also consider the mock trial of the Scottish Queen, and the sentence made up and delivered to Burghley, by royal command, before any trial took place, we shall be surprised if any student of Scottish history will fail to see that the Queen of England was herself the prime mover in the matter for which she executed the Queen of Scots. We now reproduce this document, which must at the time have greatly surprised and shocked the English people:—
Elizabeth, by the Grace of God, Queen of England, France, and Ireland, defender of the Faith, etc.: Whereas we were given to understand very credibly (though to our great grief) that divers things were, and of late had been compassed, imagined, and resolutely intended, tending directly to the hurt and destruction of our royal person, and to the subversion of the estate of our realm by foreign invasions and rebellions at home, as well by the Queen of Scots remaining in our realm under our protection, as by many divers other wicked persons with her privity, who had freely confessed the same, and had thereupon received open trial, judgment, and execution according to law for their deserts. And though in very truth we were greatly and deeply grieved to think or imagine that any such unnatural and monstrous acts should be either devised or willingly assented to against us, by her being a princess born, and of our sex and blood, and one also whose life and honour we had many times before saved and preserved. Yet were we so directly drawn to think the same to be true by the sight and understanding of such proofs as were produced before us upon matters that had proceeded from herself, as well as from the conspirators themselves, who voluntarily and freely confessed their doings jointly with her, and directed by her, against our person and realm. Therefore we saw great reason to think the same too dangerous to be suffered to pass onward to take their full effect. Wherefore we were by sundry of our nobility, and others our loving subjects, earnestly moved and counselled to take order for the investigation and examination of these dangerous enterprises and conspiracies avowed to be by the said Queen of Scots against us and our realm; and also to use all present means with expedition, to withstand and prevent the same. We were very unwilling to proceed against her, considering her birth and estate, by such means as by the common laws of the realm we might have lawfully done, which was by indictment and arraignment before ordinary juries; therefore in respect both of our own honour and of her person we yielded by advice, to proceed in the most honourable way that could be devised for the examination, according to a late Act of Parliament made 23rd November in the 27th year of our reign. Whereupon by our commission under the Great Seal of England, bearing date Windsor, 6th October last, we did according to the said statute assign, name, and appoint the lords and others of our Privy Council, and so many other earls and barons, lords of Parliament, of the greatest degree and most ancient of the nobility, as with the lords and others of the Privy Council made the number forty-two, adding also a further number according to the tenor of the aforesaid Act of Parliament, of certain of the chief and other principal judges of the courts of Record, Westminster, amounting in the whole to forty-seven, to examine all things compassed and imagined, tending to the hurt of our royal person as well by the Queen of Scots, by the name of Marie, the daughter and heir of James V., late King of Scots, commonly called the Queen of Scots and Dowager of France, as by any other by her privity, and all the circumstances thereof, and according to the tenor of the said Act of Parliament to give sentence or judgment as upon good proof the matter to them should appear. Afterwards the greater part of these councillors, lords, and judges—that is to say, the number of thirty-six—did in the presence and hearing of the Queen of Scots at Fotheringay, at divers days and times in public place, very exactly, uprightly, and with great deliberation, examine all the matters and offences whereof she was accused, and all the circumstances thereof, and heard also what the same Queen did or could say for her defence. Afterwards on the 25th October last, all the said council, lords, and judges who had heard and examined the cause in the said Queen's presence, with one assent and consent, after deliberation, did give their sentence in manner following:—That after the first day of June in the 27th year of our reign and before the date of the said commission, divers things were compassed and imagined within this realm by Anthony Babington and others with the knowledge of the Scottish Queen, she pretending a title to the crown of our realm, tending to the hurt, death, and destruction of our royal person; which sentence the same lords and commissioners had caused to be put in writing and duly engrossed, with the whole process of their proceedings, and have subscribed the same as by a record thereof shown to us. And whereas the same sentence so given and recorded, the Lords and Commons in this present Parliament assembled have also at sundry times heard and considered the principal evidence, proofs, and circumstances whereupon the sentence was founded, and have by their assent in Parliament affirmed the same to be a full, lawful, and true sentence, and so have allowed and approved the same in writing presented to us. They have also notified to us how deeply they did foresee the great and imminent dangers which otherwise might and would grow to our person and to the whole realm if this sentence were not fully executed. Therefore they did by their humble petitions most instantly upon their knees, pray, beseech, and with many reasons of great force and importance move and press us that the said sentence so justly given and approved might, according to the express tenor of the said Act of Parliament by our proclamation under the Great Seal, be declared and published and finally executed. But after such request made to us by the Lords and Commons in Parliament, they perceiving by our own speeches and answers how deeply we were grieved to hear of these horrible and unnatural attempts of that Queen whose many former offences, manifestly and dangerously committed against us, our crown and realm, we had overlooked with our over great clemency, contrary to the advice and request of our subjects in Parliament and otherwise. Therefore they also, understanding from us how desirous we were to have some other means devised by them to withstand these mischiefs intended against us and the quiet state of the realm, and surety of our good subjects, than by execution of the aforesaid sentence as was required: they did after sundry consultations jointly with one accord, in the names of the Lords of Parliament, even by the particular votes of those assembled, and also of the Commons with one universal consent, representing the state of the realm, allege, declare, and protest, that upon their long and advised consultations by our commandment and for our satisfaction, they could not by any means find or devise how the surety of our royal person and the preservation of themselves and their posterity, with the good state of the realm, might be provided for without the publication and due execution of the sentence. Whereupon, being not only moved by our grief, but also overcome with the earnest requests, declarations, and important reasons of all our said subjects, the nobles and Commons, whose judgment, knowledge, and natural care of us and the whole realm we know doth far surmount all others being not so interested therein; and perceiving also the sentence to have been honourably, lawfully, and justly given conform to justice and the laws of the realm, we did yield, and do according to the said statute by this our proclamation under the Great Seal of England, declare, notify, and publish to all our subjects and other persons whatever that the said sentence is given in manner aforesaid to the intent that they and every one of them by this proclamation may have full understanding thereof. We do also instruct you that you record this our proclamation in our Court of Chancery as speedily as possible; find place and time for the proclaiming thereof; whereof fail you not. We have caused this proclamation to be made patent and sealed with the Great Seal of England.
At our Manor of Richmond, the fourth day of December, the 29th year of our reign, and in the year of our Lord God 1586.
God Save the Queen.
Following on the issue of this proclamation Elizabeth wrote the following letter to Paulet, which, taken in consideration with all the letters she wrote to that individual, is probably the best of them all for rank hypocrisy. A letter such as this is beyond words to criticise:—
Elizabeth to Paulet, 10th December 1586: