CHAPTER XII.

THE EVIDENCE AGAINST THE QUEEN OF SCOTS.

Replying to the accusations brought against her, Mary did not deny that,

having given up hope of being liberated by Elizabeth, she had treated

with foreign powers for her deliverance; but she protested that she had

never consented to the assassination of Elizabeth, and that she would

rather remain all her life in prison than stain her conscience with that

crime. Nor can I see that any evidence had been produced to prove that

she did. Her intercepted letter in reply to Babington, in which she was

said to have sanctioned the projected murder of Elizabeth, was not

exhibited at the trial. Here we find the same shuffling as in the case

of the Casket Letters. If her accusers had decisive proof of her guilt,

why did they not give her a fair trial, and employ those means which

would make her guilt evident? Babington, instead of being kept as a

witness, was put to death. Her two secretaries, who had been terrified

into testifying to something,--what exactly they did testify we cannot

be certain,--were kept out of the way, and never confronted with their

mistress. Her letter on which the case depended had been written in

cipher; yet the original in cipher was shown neither to her secretaries

nor to herself, but only what was passed off as a translation of it into

French. But what need of this traffic in second-hand documents, if the

original, which would settle all dispute, could be safely exposed to the

light of investigation? Neither the strained dialectics of a Hume, nor

the brilliant rhetoric of a Froude, can avail against the force of

argument springing from Walsingham's determination not to exhibit the

original documents. Mary had been charged with being party to a plot

for the murder of Elizabeth, and her correspondence with Babington was

made the basis of evidence against her. Hence common justice demanded

that the correspondence should be taken, as far as possible, at first

hand. Yet, Walsingham and Philipps, although they had in their

possession, at least, a minute in Mary's own hand of her last answer to

Babington and the same cast into the form of a letter in French by Nau,

made use of what they alleged was a copy of that incriminating answer.

Mary denied that she had ever dictated the words of Philipps' decipher

in reference to the murder of Elizabeth. Philipps, the associate of

Walsingham, and the bitter enemy of Mary, went sponsor for the

correctness of the decipher. The trial therefore was reduced to a

contest between the veracity of Mary and the veracity of Philipps. It

is hardly to be doubted that, guilty or not guilty, Mary would have

disowned the authorship of the compromising clauses. But if her denial

was worthless as evidence of her innocence, the assertion of a forger in

the employ of her enemies was likewise worthless as evidence of her

guilt. Why, then, were not the original papers laid before the

commissioners, that she might be reduced to silence by the evidence of

her own and of her secretary's handwriting? Shall we be asked to believe

that Walsingham, if he had all he needed in the original, would have had

recourse to a copy? Indeed, Mary's letter, as it has reached us through

Philipps and Walsingham, presents an incoherence of parts which, even if

every other reason were wanting, would render its genuineness extremely

doubtful. The argument founded on this incoherence has been frequently

used, but its strength remains unimpaired. Mary orders that nothing

shall be done towards releasing her from prison until Elizabeth is

murdered. Four horsemen are to be kept in readiness to immediately

inform her that this has been accomplished. Then she is to be set at

liberty, but care must be taken that the army prepared to receive her,

or the stronghold destined to shelter her, be such as will render her

person secure, for (she writes) "it were sufficient excuse given to that

queen in catching me again, to enclose me in some hold, out of which I

should never escape, if she did use me no worse." This precaution

against the revenge of Elizabeth is quite natural, and just what we

should expect from Mary in her letter to Babington; but it would be

inconceivable and absurd if Mary had already made provision that

Elizabeth should first of all be murdered. Had Philipps forged the

entire letter, he would not have committed this blunder, but even an

expert may reveal his identity when he attempts to interpolate a lengthy

document.

It will avail but little to insist that there remains what Froude calls

the "positive proof of two very credible witnesses" in support of the

charge against the Scottish queen. These "very credible witnesses" were

Mary's secretaries, Nau and Curle; and the "positive proof" was their

subscription to a "copy"--that ever recurring "copy"--of Mary's

deciphered answer to Babington's last letter, which had been wrung from

them in circumstances little calculated to enhance its value.

Since their forced separation from Mary at Chartley, they had been

carefully guarded and accurately learned the nature of the evidence

which they were expected to give. On the 20th. September, Babington and

six of his associates were made a ghastly and terrifying spectacle to

every weak-hearted friend of Mary's. "They were all hanged but for a

moment, according to the letter of the sentence, taken down while the

susceptibility of agony was unimpaired, and cut in pieces afterwards,

with due precautions for the protraction of pain."[#]

[#] Froude, "History of England," Vol. XII., Chap. 69.

The third day following, while this ominous lesson of vengeance was

fresh in every mind, the two secretaries were forced to ratify by their

oath the testimony which they had already given (Sept. 5th) to the

correctness of the "copy." The testimony which they now ratified had

been appended to the copy in these words:--"_Telle ou semblable me

semble avoir este la reponse escripte en francoys par monsieur Nau,

laquelle J'ay traduict et mis en chiffre.--Gilbert Curle._" "_Je pense

de vray que c'est la lettre escripte par sa Majeste a Babington, come il

me souvient.--Nau._" "This letter or one like it appears to me to have

been the answer written in French by monsieur Nau, which I translated

and put into cipher.--Gilbert Curle."

"I think in truth that this is the letter written by Her Majesty to

Babington, _as far as I can remember_.--Nau."

These equivocal testimonies contain the force of all the evidence

produced against Mary. It is unnecessary to point out the impossibility

of resting a conviction upon them. That is clear to every intelligent

reader acquainted with the circumstances in which they were obtained and

with the history of the prosecution as already summarily indicated, up

to this point. The phrases "_this or one like it,_" "_as well as I can

remember,_" insignificant as they might seem if employed in the absence

of compulsion, will in their present connection strike every reflecting

mind as the feeble devices of men striving to hold a safe course between

the Scylla and the Charibdis of perjury and the rack.

Whether Mary would or would not accept an offer of deliverance that

involved the life of Elizabeth, is a purely speculative question, which

does not affect the nature of the evidence produced against her. This,

however, may be observed, that nearly four years earlier, when a

conspiracy similar to the Babington plot against the life of Elizabeth

was being organized by some of her friends on the Continent, she, on

being acquainted of it, "refused," (so wrote the Papal Nuncio at Paris

to the Cardinal of Como), "to listen to it." But, when hope in

Elizabeth's good intentions completely failed, and increased rigour

deepened the misery of her prison-life, reasons which had hitherto

seemed inadequate might now convince her that she was not obliged to

live with the axe of the executioner or the dagger of the assassin,

raised over her head because liberty could be brought to her only

through the blood of her jailer.

Mary Queen of Scots in History · 第 12 / 16 章