THE TRIAL
_The Second Day_
The Queen passed an anxious and sleepless night in preparation for
the morrow's attack. She commenced the day in prayer, in her oratory,
imploring strength to defend her honour and her life.
As on the previous day, Mary entered the hall attended by Bourgoing,
and accompanied by Melville and others of her attendants. She
was very pale, but her countenance expressed unabated firmness
and resolution. It is to be noted that on this occasion neither
the Attorney-General nor the Queen's Sergeant took part in the
proceedings. Either Burleigh was dissatisfied as to the way in which
things were going, or he desired to show his own legal skill, and
had determined to take upon himself the entire management of the
trial,--a departure from the established usage, unheard of in any
other state trial of the period.
It was known that the Queen wished to address the assembly, and as
soon as she was seated all approached in silence, and with bare
heads, "in great curiosity to hear her."
"I beg permission, gentlemen," said she, "to speak freely and to say
all that I think necessary, and without being interrupted, according
to the promise made to me yesterday by the Chancellor in the name
of all this assembly. The manner in which I am treated appears to
me very strange; not only am I brought to this place to be tried,
contrary to the rights of persons of my quality, but my case is
discussed by those who are not usually employed in the affairs of
kings and princes. I thought only of having to reply to gentlemen who
have virtue for their guide, and who hold the reputation of princes
in honour; to those who devote themselves to the protection of their
princes, to the preservation of their rights, and to the defence of
their country, of which they are the guardians and protectors.
"Instead of this, I find myself overwhelmed under the importunity of
a crowd of advocates and lawyers, who appear to be more versed in the
formalities of petty courts of justice, in little towns, than in the
investigation of questions such as the present. And although I was
promised that I should be simply questioned and examined on the one
point,--that, namely, concerning the attempt on the person of the
Queen,--they have presumed to accuse me, each striving who should
surpass the other in stating and exaggerating facts, and attempting
to force me to reply to questions which I do not understand, and
which have nothing to do with the Commission. Is it not an unworthy
act to submit to such conduct of such people, the title of a
princess, one little accustomed to such procedures and formalities?
and is it not against all right, justice, and reason to deliver
her over to them, weak and ill as she is, and deprived of counsel,
without papers, or notes, or secretary? It is very easy for many
together, and, as it appears to me, conspiring for the same object,
to vanquish by force of words a solitary and defenceless woman. There
is not one, I think, among you, let him be the cleverest man you
will, who would be capable of resisting or defending himself, were
he in my place. I am alone, taken by surprise, and forced to reply
to so many people who are unfriendly to me, and who have long been
preparing for this occasion; and who appear to be more influenced
by vehement prejudice and anger than by a desire of discovering the
truth and fulfilling the duties laid down for them by the Commission.
"If, however, I must submit to this treatment, I ask, at least, that
I may be permitted to reply to each person and to each point of the
accusation separately, and one after the other, without confusion;
as, on account of my sickness and weakness, it is impossible for me
to refer back in detail, as I should wish, to such a mass of subjects
all advanced confusedly together. In any case I demand that, as this
assembly appears to have been convened for my accusation, another
shall be summoned in which I may enter freely and frankly, defending
my rights and my honour, to satisfy the desire I have of proving my
innocence."
"It is quite right," replied Burleigh, "that your Grace should say
all that you wish, and you shall do so. As for those who interrogated
you yesterday, they acted according to their duty. To discover the
truth of facts it is necessary to discuss all questions which relate
to the case in hand; as regards your demand that a fresh assembly
should be convoked, it shall be seen to, but we ourselves have not
the power to grant it."
This moderate speech is in character with what Bourgoing specially
notices, namely, the temporary change in the demeanour of the
accusers. "All this morning," he tells us, "the pettifogging lawyers
showed themselves more modest, and not only this, but the Treasurer
gave them hints by signs how to act, making them speak or be silent
according as he wished. From this," continues Bourgoing, "we took
occasion to hope that the proceedings would soon come to an end,
especially as we observed that most of the noblemen had come to the
assembly booted, and some even in riding dress."
The forenoon passed in discussions very similar to those of the
previous day, "concerning rather the overthrow of the Queen by
strangers, the correspondence of Her Majesty with the Christian
princes, and her deliverance from prison," than bearing upon the
real question at issue, the attempt on Elizabeth's life. The same
wearisome questions were met by the same dignified answers, and
Bourgoing gives many interesting details which are not recorded in
the English reports of the trial.
Burleigh took pains to persuade Mary once more of the great favours
which had been shown to her, assuring her again that the Commission
could have examined the proofs in her absence; and protesting that
although they desired to examine her only regarding the one point of
accusation, it was necessary, for the full knowledge of the truth, to
read the whole correspondence brought in evidence against her.
"The circumstances may be proved," returned Mary, "but never the
fact itself. My innocence does not depend on the reputation, or on
the memory, of my secretaries, although I hold them to be honest
and sincere. It is possible for letters to be sent to other persons
than those to whom they were written, and several things have been
inserted in those letters which I did not dictate. If my papers had
not been taken from me, and if I had a secretary, I could better
refute the accusations brought against me."
"You will be accused of nothing previous to 19th June," continued
Burleigh, "and your papers would be of no use to you. Your
secretaries and the chief of the conspiracy himself (who were never
put to the torture) have affirmed that you sent certain letters to
Babington; and although you deny this, it is for the Commissioners to
judge whether they should place more faith in an affirmation or in a
denial.
"But to return to the present question. You have formed many plans
for your deliverance. If they have not succeeded, that is your own
fault and not the fault of my mistress, for the Scotch lords have
refused to place their King under guardians again. At the very moment
that the last treaty for your freedom was concluded, Parry, one of
your own servants, was secretly sent by Morgan to assassinate the
Queen."
Mary exclaimed, "You are indeed my enemy."
"Yes," replied Burleigh, "I am the enemy of the enemies of Queen
Elizabeth."
Letters from Mary to Charles Paget referring to the projected
invasion were now read, and one from Cardinal Allen to the Queen, in
which he addressed her as his sovereign, and informed her that the
matter was recommended to the Duke of Parma.
While this was going on Mary examined the faces of her judges, and
questioned Paulet (who was seated behind her) regarding the names
of those she did not know, carefully noting "who spoke much and who
spoke little or kept silence."
As soon as the reading was finished Burleigh accused the Queen of
having proposed to send her son to Spain, and of transmitting to
Philip the Second her "pretended rights" to the Crown of England.
"I have no kingdom to confer," replied she, "but I have a legal right
in giving what belongs to me, and on this point I have to answer to
no one, be it who it may."[40]
[Footnote 40: Chantelauze, pp. 240, 241.]
Later on Mary was again reproached by the lawyers with having
relations with the King of Spain.
"It is not your affair," replied she, in a tone of authority. "It
is not your affair to speak of matters concerning princes, and to
inquire whether they have secret intelligences with each other."
"I do not blame you for this," said Burleigh; "but if the Spanish
army had entered the country, could you have answered for the life of
the Queen? Would not the country have been in danger of falling into
the hands of strangers?"
"I do not know what were their intentions," returned the Queen,
"nor am I bound to answer for them; but I am very sure that they
would have done something for me, and if you had wished to employ my
services I should have been able to bring about a good understanding
between you and them, as I have often offered to do. You should not
have refused my offers. If you destroy me you will place yourselves
in danger, and will receive more harm than good. Of all that has been
done by strangers I know nothing and am not responsible. I desired
nothing save my own deliverance."
Unmoved by Mary's words, the lawyers redoubled their accusations.
They declared again that the murder of the Queen, of her councillors
and principal noblemen, had been determined upon; that the intention
had been to burn down Chartley and kill the guards; that all the
Catholics were to rise and place the Queen of Scots on the throne;
that in Rome Mary was prayed for publicly, as legitimate Queen of
England, together with other things of the same nature. To this Mary
replied as follows:--
"I know nothing of any murder or attempt against any one, nor of
any plot or invasion of the kingdom. As I have already said, I gave
you sufficient warning to beware of some such enterprise, for I was
sure that something was in preparation, though I knew not what. It
was always hidden from me, as it was well known I should not consent
to it, and also because they feared that it would injure me. These
conspirators may have used my name to authorise their proceedings and
strengthen their cause, but there is no letter written or signed by
me; there is no one who has seen such a thing or received it, or who
has communicated or spoken with me, and such a thing has been far
from my intentions.
"You know very well," continued Mary, "that in my own kingdom I
never interfered with any of the Protestants, but, on the contrary,
tried to win them always by gentleness and clemency, which I carried
too far, and for which I have been blamed. It has been the cause of
my ruin, for my subjects became proud and haughty, and abused my
clemency; indeed, they now complain that they were never so well off
as under my government.
"As to Chartley, I never heard of the proposal to burn it, but my
deliverance was promised. If the foreign princes were in league, it
was to free me from my prison, from which I could not escape; and
for the same reason they prepared armed men to receive and defend
me. If the Catholics offered their aid in this matter, which I know
not, it was in their own interest, as they are so wickedly treated,
oppressed, and afflicted in this country that they have fallen into
despair, and would as soon die as live longer under the persecution
which they suffer. You gain nothing by afflicting them or me; I am
but a single person. When I die the Catholics and foreign princes
will continue to act, unless you cease to persecute them.
"As regards my wishing to take the place of the Queen, the very
letters you have read aloud sufficiently prove the contrary. In them
I expressly declare that I desire no honours or kingdom, that I do
not care for them, and that I beg no enterprise of the kind may be
undertaken for me; but for the Catholic cause and for God's quarrel I
desire the deliverance of the first and the defence of the second. In
short, you will find that I have no other desire than the overthrow
of Protestantism and the deliverance of myself and the afflicted
Catholics, for whom (as I have often said) I am ready to shed my
blood. I shall esteem myself very happy if God gives me the grace to
suffer and to endure death for His holy name and in the defence of
His quarrel. If the Pope gives me the title of Queen, it is not for
me to correct him. He knows what he does much better than I do.
"I thank him, all Christian people, and all Catholic nations for the
prayers they daily offer for me, and I pray them to continue to do
so, and to remember me in their masses. As I belong to the number
of the faithful, I hope that though now deprived of the power of
assisting myself, I participate in all the prayers and good works
offered in the Church for all Catholics. As regards the Bull, I
myself offered to prevent its execution."
Burleigh here asked her whether she had the power to do this. "But we
do not care," said he, "about it in England. We make no account of
the Pope, or of such like."
"If you will cease to persecute the Catholics," replied Mary, "I
promise you to do much to lessen the many troubles into which you are
in danger of falling."
To this Burleigh replied that "_no Catholic had been punished for
religion_."
At this assertion the Queen protested in earnest terms against the
many cruelties shown to Catholics. They were driven into exile, she
said, and driven hither and thither. The prisons in England were full
of them. They were charged with being guilty of treason; some because
they would not obey certain of the Queen's injunctions which were
contrary to their conscience, others because they would not recognise
her as the head of the Church. Queen Mary also complained in general
terms of the unjust way in which the present examination had been
conducted, and asked that she might not be further disturbed by the
unnecessary reading of letters and other documents, especially such
as related to her transactions with other Christian princes, to
which she declined to reply.
"If it pleases your Grace," interrupted Burleigh, "you can now
withdraw; we will remain and conclude without you."
The Queen paid no attention to this remark, and the discussions
proceeded. At last Egerton, the Solicitor-General, speaking for the
first time, asked the Queen if she had anything more to add to her
defence.
"I again demand," replied she, "to be heard in full Parliament, and
to confer personally with Queen Elizabeth, who would show more regard
to any other queen." Then rising from her seat[41] to depart, Mary
added:--
"I am ready and willing to give pleasure and do service to the Queen,
my good sister, and to employ myself for her and for the good of the
kingdom in all that I can, as I love both. I protest that after all
that has taken place I desire no evil to any one in this assembly,
that I pardon all that you have said or done against me, and that
there is not one here to whom I do not desire good, and would
willingly give pleasure."
[Footnote 41: See Appendix, p. 271.]
Turning then to a little group of lords, of whom Walsingham was
one, the Queen discussed the conduct of her two secretaries, and
the motives which could have inspired their depositions. Taking
Walsingham apart, Mary said a few words to him in private, which
seemed far from pleasing to him, then turning once more to the
assembly, she exclaimed with dignity, "My lords and gentlemen, my
cause is in the hands of God."
As Mary passed the table at which were seated the lawyers, she also
addressed them: "Gentlemen," said she, with a smile, "you have shown
little mercy in the exercise of your charge, and have treated me
somewhat rudely, the more so as I am one who has little knowledge of
the laws of quibbling; but may God pardon you for it, and keep me
from having to do with you all again."
"The lawyers turned and smiled to each other, and Her Majesty did
likewise."[42]
[Footnote 42: Chantelauze, p. 539.]
After their prisoner had withdrawn, the Commissioners were prepared
to give sentence, but at the last moment Burleigh communicated to
them Elizabeth's latest instructions, contained in a letter sent
from Windsor on the 14th at midnight. In it Elizabeth desired the
assembly, even in the event of the prisoner being found guilty, to
suspend sentence until she herself should hear and consider their
report.
The assembly therefore was prorogued for the space of ten days,
and appointed to meet in the star-chamber at Westminster. The
Commissioners (many of whom regretted this delay in passing sentence)
lost no time in departing, the greater part of them returning to
their houses in the neighbourhood until the 29th instant, when, as
Bourgoing informs us, "it is said they returned to London to assist
at Parliament, then assembling."
Thus terminated a trial which in legal history has probably no
counterpart, and regarding which the following points especially
strike us: the incompetence of the English tribunals, as then
constituted, to judge an independent sovereign; the refusal of
counsel to the prisoner, in violation of the laws of England, and
in especial of the statutes of Mary Tudor, and Elizabeth; the
absence of the witnesses, whose presence in face of the accused was
essential to all just procedure; the forced position of Mary, not
before independent and trustworthy judges, but before Commissioners
carefully chosen beforehand, and who, combining the offices of judge
and jury, united in endeavouring to nullify the defence.
At Fotheringay we find the prisoner standing alone before her judges.
At Westminster the witnesses appear in the absence of the accused,
while at neither is a single original document produced; copies, not
of written letters, but pretended copies from ciphers were admitted
and believed on the faith of men whose confessions were drawn from
them by fear of torture or documents forged by Philipps. Such was the
evidence by which Mary was tried and condemned.