You have planned in divers ways and manners to take my life and to ruin my kingdom by the shedding of blood. I never proceeded so harshly against you; on the contrary, I have maintained you and preserved your life with the same care which I use for myself. Your treacherous doings will be proved to you, and made manifest in the very place where you are. And it is my pleasure that you shall reply to my Nobles and to the Peers of my kingdom as you would to myself were I there present. I have heard of your arrogance, and therefore I demand, charge, and command you to reply to them. But answer fully, and you may receive greater favour from us.Elizabeth.[28]
You have planned in divers ways and manners to take my life and to ruin my kingdom by the shedding of blood. I never proceeded so harshly against you; on the contrary, I have maintained you and preserved your life with the same care which I use for myself. Your treacherous doings will be proved to you, and made manifest in the very place where you are. And it is my pleasure that you shall reply to my Nobles and to the Peers of my kingdom as you would to myself were I there present. I have heard of your arrogance, and therefore I demand, charge, and command you to reply to them. But answer fully, and you may receive greater favour from us.
Elizabeth.[28]
In this epistle Elizabeth, as we see, once more held out hopes of clemency to her cousin, but it seems probable that Mary paid little heed to promises which she had so often found to be delusive. Bourgoing makes no allusion to this letter, but he says that his mistress, seeing the determination of the Commissioners to proceed in any case, "remained all the night in perplexity." On one side she dreaded being obliged to appear "in a public place against her duty, her state, and her quality," while on the other she foresaw that should she persist in her refusal to answer their interrogations, the Commissioners would assert her silence to be proof of her guilt, and would pronounce sentence against her, and declare "as an assured fact that in her conscience she knew herself to be guilty." Towardsmorning the Queen determined to send word to the lords that she desired to say a few words to them before they assembled.
On the morning of the 14th, accordingly, the Commissioners delegated some of their number to wait upon the Queen. Among these was Walsingham, whom Mary now saw for the first time. We subjoin the dignified address made by the Queen on this occasion. It seems evident that Bourgoing wrote down this speech either from Mary's dictation, or from notes supplied by herself, as, unlike the other speeches recorded by him, it is given throughout in the first person:—
"When I remember that I am a queen by birth," said Mary, "a stranger and a near relation of the Queen, my good sister, I cannot but be offended at the manner in which I have been treated, and could do nothing other than refuse to attend your assembly and object to your mode of procedure. I am not subject either to your laws or your Queen, and to them I cannot answer without prejudice to myself and other kings and princes of the same quality. Now, as always heretofore, I will not spare my life in defence of my honour; and rather than do injury to other princes and my son, I am prepared to die, should the Queen, my good sister, have such an evil opinion of me as to believe that I have attempted aught against her person.In order to prove my goodwill towards her, and to show that I do not refuse to answer to the charges of which I am accused, I am prepared to answer to that accusation only, which touches on the life of Queen Elizabeth, of which I swear and protest that I am innocent. I say nothing upon any other matter whatsoever as to any friendship or treaty with any other foreign princes. And making this protestation, I demand an act in writing."[29]
The Commissioners, "very happy to have brought the Queen to this point,"[30]assured her that their only desire was to ascertain whether she was guilty or not, and thus to satisfy their mistress, who would be well content to see her innocence proved. Mary then once more inquired if it was necessary for her to appear in the hall of council. They replied that it must be so; repeating that the apartment had been prepared expressly for the purpose, and that they would there hear her as if she were in the presence of Elizabeth herself, in order that they might address their report to their sovereign in due form. The delegates then withdrew to consult together over Mary's last protestation. Shortly afterwards they sent word that they had committed it to writing, and once again summoned her to appear before them. This the Queen consented to do "as soon as shehad broken her fast by taking a little wine, as she felt weak and ill."[31]
The die was now cast. To us the Queen's decision seems a fatal error. Had she persisted in claiming her royal prerogative of inviolability, the trial would have lost that semblance of legal justice which her present assent—though made under protest—lent to it; and her accusers would have been unable to extricate themselves from the difficulty. It is, however, very questionable whether Mary's life would have been saved in any case. Had she refused to be tried, other means would have been found. Private assassination was the one and only form of death which was dreaded by the Queen. She knew that were she to die without witnesses, every effort would be made to blacken her fame and, if possible, to throw doubt on her fidelity to her faith. It is to this fear that we may probably attribute Mary's final decision to face her judges.
THE large room destined for the trial was situated, as we have said, in close proximity to Mary's apartments, and immediately over the great hall of the castle. According to Bourgoing it was "very spacious and convenient." At the upper end stood the dais of estate, emblazoned with the arms of England, and surmounting a throne the emblem of sovereignty. In front of the dais, and at the side of the throne, a seat had been prepared for Queen Mary, "one of her crimson velvet chairs, with a cushion of the same" for her feet.
Contemporary Drawing of the Trial of Mary Queen of Scots at Fotheringay.From the Calthorpe MS.Enlarge
facsimile
List of Names, in Beale’s handwriting, of those present at the Trial.Accompanying the Calthorpe Drawing.Enlarge
Benches were placed on each side of the room: those on the right were occupied by the Lord Chancellor Bromley, the Lord Treasurer Burleigh, and the Earls; on the left the Barons and Knights of the Privy Council, Sir James Crofts, Sir Christopher Hatton, Sir FrancisWalsingham, Sir Ralph Sadler, and Sir Walter Mildmay. In front of the Earls sat the two premier judges and the High Baron of the Exchequer, while in front of the Barons were placed four other judges, and two doctors of civil law.
At a large table, which was placed in front of the dais, sat the representatives of the Crown: Popham, Attorney-General; Egerton, Solicitor-General; Gawdy, the Queen's sergeant; and Barker, the notary: also two clerks, whose duty it was to draw up the official report of the proceedings. The documentary evidence, such as it was, was arranged on the table. A movable barrier with a door divided the room into two parts, and at the lower end were assembled as spectators the gentlemen attendants and the servants of the Lords of Commission.
At nine o'clock the Queen made her entrance, escorted by a guard of halberdiers. She wore a dress and mantle of black velvet, and over her pointed widow's cap fell a long white gauze veil. Her train was borne by one of her maids of honour, Renée Beauregard. Mary was supported on each side by Melville and Bourgoing; and although, owing to the want of exercise and the severe rheumatism from which she suffered, she walked with great difficulty, it was with undiminished dignity of mien. She was followed by her surgeon, Jacques Gervais;her apothecary, Pierre Gorion; and three waiting-women, Gillis Mowbray, Jane Kennedy, and Alice Curle.
As the Queen advanced the Commissioners uncovered before her, and she saluted them with a majestic air; then, perceiving that the seat prepared for her was placed outside the dais and in a lower position, she exclaimed—
"I am a queen by right of birth, and my place should be there, under the dais;" but quickly recovering her serenity, she took her seat, and looking round at the assembled dignitaries, whose faces bore no sign of sympathy for their victim, she said mournfully to Melville—
"Alas! here are many counsellors, but not one for me."[32]
Her desolate position, without counsel to defend her, without secretary to take notes for her, despoiled even of her papers, must have seemed strange to Mary's generous nature. In Scotland the poorest of her subjects would have enjoyed the privileges now denied to herself.
Among the noblemen assembled to judge the Queen were some of her former partisans, such as my Lords Rutland, Cumberland, and others, who had taken ashare in the late undertaking, and whose letters had been seized at Chartley, yet who now, to save their estates if not their lives, were forced to appear among her enemies. Very few of the English nobles were known to Mary by sight, and it was noticed that she often questioned Paulet, who was stationed behind her, regarding them. They on their side were doubtless eager to see this princess, whose beauty was renowned, and who with courage equal to her sorrows now faced her judges with all the dignity of her happier days.
The Lord Chancellor opened the proceedings by a speech, in which he declared that the Queen of England, having been surely informed, to her great grief, that the destruction of her person and the downfall of her kingdom had been lately planned by the Queen of Scots, and that in spite of her long tolerance and patience, this same Queen continued her bad practices and had made herself the disturber of religion and the public peace, Her Majesty felt impelled to convoke this present assembly to examine into these accusations. In thus acting Her Majesty was actuated by no unkind feeling, or desire of vengeance, but solely by a sense of the duty imposed upon her by her position as sovereign and her duty to her subjects. Bromley stated that the Queen of Scots should be heard in declaring fully all that shouldseem good to her for her defence and to establish her innocence. Then turning to Mary, he concluded with these words: "Madame, you have heard why we have come here; you will please listen to the reading of our Commission, and I promise you that you shall say all that you wish."[33]
Mary replied in the following terms: "I came into this kingdom under promise of assistance, and aid, against my enemies, and not as a subject, as I could prove to you had I my papers; instead of which I have been detained and imprisoned. I protest publicly that I am an independent sovereign and princess, and I recognise no superior but God alone. I therefore require that before I proceed further, it be recorded that whatever I may say in replying here to the Commissioners of my good sister, the Queen of England (who, I consider, has been wrongly and falsely prejudiced against me), shall not be to my prejudice, nor that of the princes my allies, nor the King my son, or any of those who may succeed me. I make this protestation not out of regard to my life, or in order to conceal the truth, but purely for the preservation of the honour and dignity of my royal prerogative, and to show that in consenting to appear before this Commission I do so, not as a subject to Queen Elizabeth, but only from my desire to clear myself, andto show by my replies to all the world that I am not guilty of this crime against the person of the Queen, with which it seems I am charged. I wish to reply to this point alone, I desire this protest to be publicly recorded, and I appeal to all the lords and nobles present to bear me testimony, should it one day be necessary."[34]
Bromley, in reply, utterly denied that Mary had come into the kingdom of England under promise of assistance from his mistress. He declared that he and his colleagues were willing to record the protest of the Queen of Scots, but without accepting or approving it. He affirmed that it was void and null in the eyes of the law, and should in no way be to the prejudice of the dignity and supreme power of the English sovereign, or to the prerogative or jurisdiction of the Crown. To this he called all present to bear witness.[35]
The Commission, which was drawn up in Latin, was now read aloud. At the end Mary protested energetically against the Commission and the laws upon which it was based,—laws which, she observed, had been framed expressly to destroy her just claims to the English throne and to bring about her death.
Gawdy, the Queen's sergeant, now rose, "having a blue robe, a red hood on the shoulder, and a round capà l'antique," and with head uncovered, made a discourseexplaining the Commission and the occasion which had caused it to be summoned. He discussed several points, namely, the seizure of Babington, the suspected correspondence between him and the Queen of Scots, and further details of the plot, mentioning the names of the six men who (as he declared) had conspired to murder Queen Elizabeth.
As soon as Mary had replied that she had never spoken to Babington, that, although she had heard him spoken of, she did not know him and had never "trafficked" with him, and that she knew nothing of the six men whom they had alluded to, another lawyer, in the same dress as Gawdy, rose and read "certain letters which they said Babington had dictated of his own free will before his death, from memory." These, and othercopiesof letters said to have passed between the Queen and Babington, were also shown, together with the confessions of the conspirators, and the depositions of Curle and Nau, which were declared to be signed by them.
The Queen protested against this second-hand evidence brought against her, and demanded to see the originals of the letters. "If my enemies possess them," said she, "why do they not produce them? I have the right to demand to see the originals and the copies side by side. It is quite possible that my ciphers have been tampered with by my enemies. I cannot reply to thisaccusation without full knowledge. Till then I must content myself with affirming solemnly that I am guiltless of the crimes imputed to me. I do not deny," continued the Queen, "that I have earnestly wished for liberty and done my utmost to procure it for myself. In this I acted from a very natural wish; but I take God to witness that I have never either conspired against the life of your Queen, nor approved a plot of that design against her. I have written to my friends, I confess; I appealed to them to assist me to escape from these miserable prisons in which I have languished for nearly nineteen years. I have also, I confess, often pleaded the cause of the Catholics with the Kings of Europe, and for their deliverance from the oppression under which they lie, I would willingly have shed my blood. But I declare formally that I never wrote the letters that are produced against me. Can I be responsible for the criminal projects of a few desperate men, which they planned without my knowledge or participation?"
The whole morning from about ten o'clock was occupied in reading the depositions and letters of Babington, the accusers doing their utmost to make Mary appear guilty, "without any one saying a single word for her."[36]
During the reading of the confession attributed to Babington, Mary was much moved by the allusion madetherein to the Earl of Arundel and his brothers, as also to the young Earl of Northumberland; and she exclaimed with tears, "Alas! why should this noble house of Howard have suffered so much for me? Is it likely," continued she, "that I should appeal for assistance to Lord Arundel, whom I knew to be in prison? or to Lord Northumberland, who is so young, and whom I do not know? If Babington really confessed such things, why was he put to death without being confronted with me? It is because such a meeting would have brought to light the truth, that he was executed so hastily."
About one o'clock the Queen retired to take her dinner, after which she returned to the hall and the proceedings were resumed. Bourgoing describes so graphically the position of the Queen and her judges, that we give his own words:—
"Her Majesty having dined and returned to the same place, they continued to read aloud letters tending to the same end, the deposition and confession of M. Nau and M. Curle written on the back of a certain letter and signed by them, and also some others touching her intelligence with them. Her Majesty replied first to one and then to another without any order, but on hearing any point read, would, without being interrogated by them, say whether it were true or not. For their manner of proceeding was always to read or speak topersuade the lords that the Queen was guilty. They always addressed the lords, accusing the Queen in her presence, with confusion and without any order, and without any one answering them a word, in suchwise that when we returned to her room the poor Princess told us that it reminded her of the Passion of Jesus Christ, and that it seemed to her that, without wishing to make a comparison, they treated her as the Jews treated Jesus Christ when they cried, 'Tolle, Tolle, Crucifige'; and that she felt assured that there were those in the company who pitied her, and did not say what they thought."
In spite, however, of the vehemence of those "Messieurs les Chicaneux," as Bourgoing terms them, Mary preserved her calmness; and the hotter they grew, the more courageous and constant was she in her replies. She now recapitulated much of what she had before said to the Commissioners in her own room, in order that the assembly might know her sentiments; and after pointing out the injustice of her long imprisonment, she thus continues: "I have, as you see, lost my health and the use of my limbs. I cannot walk without assistance, nor use my arms, and I spend most of my time confined to bed by sickness. Not only this, but through my trials I have lost the small intellectual gifts bestowed on me by God, such as my memory, which would have aided me to recall those things which I have seen andread, and which might be useful to me in the cruel position in which I now find myself. Also the knowledge of matters of business which I formerly had acquired for the discharge of those duties in the state to which God called me, and of which I have been treacherously despoiled. Not content with this, my enemies now endeavour to complete my ruin, using against me means which are unheard of towards persons of my rank, and unknown in this kingdom before the reign of the present Queen, and even now not approved by rightful judges, but only by unlawful authority. Against these I appeal to Almighty God, to all Christian princes, and to the estates of this kingdom duly and lawfully assembled. Being innocent and falsely suspected, I am ready to maintain and defend my honour, provided that my defence be publicly recorded, and that I make it in the presence of some princes or foreign judges, or even before my natural judges; and this without prejudice to my mother the Church, to kings, sovereign princes, and to my son. With regard to the pretensions long put forward by the English (as their Chronicles testify) to suzerainty over my predecessors the Kings of Scotland, I utterly deny and protest against them, and I will not, like afemme de peu de cœur, admit them, nor by any present act, to which I may be constrained, will I fortify such a claim, whereby I should dishonour thoseprinces my ancestors as well as myself, and acknowledge them to have been traitors or rebels. Rather than do this, I am ready to die for God and my rights in this quarrel, in which, as in all others, I am innocent.
"By this you can see that I am not ambitious, nor would I have undertaken anything against the Queen of England through a desire to reign. I have done with all that; and as regards myself, I wish for nothing but to pass the remainder of my life in peace and tranquillity of mind. My advancing age and my bodily weakness both prevent me from wishing to resume the reins of government. I have perhaps only two or three years to live in this world, and I do not aspire to any public position, especially when I consider the pain anddésésperancewhich meet those who wish to do right, and act with justice and dignity in the midst of so perverse a generation, and when the whole world is full of crimes and troubles."[37]
Burleigh, "no longer able to contain himself," here interrupted the Queen, reproaching her with having assumed the name and arms of England, and of having aspired to the Crown. "What I did at that time," replied Mary, "was in obedience to the commands of Henry the Second, my father-in-law, and you well know the reason."
"But," retorted Burleigh, "you did not give up these practices even after we signed the peace with King Henry."
"You made the arrangement to your own interest and advantage," replied Mary; "I was not thereby bound to renounce my rights, or to abandon them to my own great prejudice and that of my successors, receiving nothing in return. I owed you nothing. I was not dependent on your Queen, nor am I now, and I was not obliged to cede to her rights so important. If I had shown such weakness I should have been always reproached with it as having acted to my own blame and dishonour."
"You have also," insisted Burleigh, "continued to assert your pretension to the English Crown."
"I have never," answered the Queen, "given up my rights; I do not now, and never will. I beg of you, before this assembly, not to press me to say more upon this matter, for I do not wish to offend any one. I pray you to be content. You and many here present know well the reasons which led me to act in this matter, and of which it is unnecessary to speak at present. I am not called upon to render you an account of my actions. You know well that I have been reasonable and have made generous offers. I have indeed offered more than I should have done. God and you know whether I have a right or not to theCrown of England. I have offered myself to maintain the rights of my sister Queen Elizabeth as being the eldest, but I have no scruple of conscience in desiring the second rank, as being the legitimate and nearest heir. I am the daughter of James V., King of Scotland, and granddaughter of Henry VII. This cannot be taken from me by any law, or council, assembly, or judgment, nor consequently can my rights. I know well that my enemies and those who wish to deprive me of those rights have done up till now all that they can to injure me, and have essayed all illegitimate means, even to attempting my life, as is well known, and has been discovered in certain places and by certain persons whom I could name, were it necessary; but God, who is the just Judge, and who never forgets His own, has until now, in His infinite mercy and goodness, preserved me from all danger, and I hope that He will continue to do so and will not abandon me, knowing that He is all truth, and that He has promised not to abandon His servants in their need: He has extended His hand over me to afflict me, but He has given me this grace of patience to bear the adversities which it has pleased Him to send me. I do not desire vengeance. I leave it to Him who is the just Avenger of the innocent and of those who suffer for His name, under whose power and will I take shelter. I prefer the conduct of Esther tothat of Judith, although both are approved by the Church. I pray God to do with me according to His good pleasure, to His praise and honour, and to the greater glory of His Church, in which I wish to live and die, in which I have been brought up and educated, and for which (as I have already protested several times) I would shed my blood to the last drop, being resolved to suffer all that God wishes. I do not fear the menaces of men. I will never deny Jesus Christ, knowing well that those who deny Him in this world, He will deny before His Father. I demand another hearing," continued Mary, "and that I be allowed an advocate to plead my cause, or that I be believed on the word of a queen.... I came to England relying upon the friendship and promises of your Queen. Look here, my lords," she exclaimed, drawing a ring from her finger; "see this pledge of love and protection which I received from your mistress—regard it well. Trusting to this pledge, I came amongst you. You all know how it has been kept."
After having recorded this noble speech of his mistress, Bourgoing thus continues his narrative: "As they read aloud at intervals letters from Babington to Her Majesty and from her to Babington, she utterly deniedtout à plathaving ever seen and received any such letters, much less of having replied to them."
Mary's judges of course laid much stress on this charge, the capital point in the accusation, and produced ciphers and other letters, and the depositions of those who were examined (as well as those of Curle and Nau), to prove that the Queen had received and answered Babington's letter, and that she was consequently accessory to the proposed assassination of Queen Elizabeth.
Mary was now closely questioned regarding the passage in her reputed letter to Babington which referred to "the four horsemen who were appointed in London to inform her when the blow fell," but replied that she did not know what it meant.
Turning to Walsingham (who had made some remarks), the Queen continued: "It is easy to imitate ciphers and handwriting, as has been lately done in France by a young man who boasts that he is my son's brother. I fear that all this is the work of Monsieur de Walsingham for my destruction: of him who I am certain has tried to deprive me of my life, and my son of his. As to Ballard, I have heard him spoken of. Information reached me from France that he was a very firm Catholic, and that he wished to serve me; but I was also told that he had 'great intelligence' with Monsieur de Walsingham, and that I must be on my guard. I know nothing more about him. I protestthat I never even thought of the ruin of the Queen of England, and that I would a hundred times rather have lost my life than see so many Catholics suffer for my sake and be condemned to a cruel death through hatred to my person." In saying these words Mary burst into tears.
"No faithful subject," exclaimed Burleigh, "has ever been put to death on account of religion. Some have been for treason, because they maintained the Bull and the authority of the Pope against that of our Queen."
"Yet I have heard just the contrary," said Mary, "and read so in printed books."
"The authors of such books," retorted Burleigh, "also declare that the Queen has forfeited the royal prerogative." When Burleigh ceased speaking, Walsingham, who keenly felt the Queen's accusation, rose, and bowing his head addressed her, assuring her that she had been misinformed as to his sentiments.
"I protest," said he, "that my soul is free from all malice. God is my witness that, as a private person, I have done nothing unworthy of an honest man, and as Secretary of State, nothing unbefitting my duty. You have been told that I wish you ill, that I have often said things to your disadvantage, that I have confessed myself to be your enemy, nay, even that I planned that thedeath of yourself and your son should happen on the same day; but I assure you that I bear ill-will to no one, I have attempted no one's death. I protest that I am a man of conscience and a faithful servant to my mistress. I confess," continued Walsingham, "that I am ever vigilant regarding all concerning the safety of my Queen and country; I have closely watched all conspiracies against either. As for Ballard, if he had offered me his assistance I could not have refused it, and should probably have rewarded him. If I had any secret dealings with him, why did he not declare them in order to save his life?"
The Queen, impressed by his denial, assured Walsingham that she paid no attention to what she had heard against him, and had not believed it, adding that she implored him to give no more credit to those who calumniated her, than she gave to those who accused himself. "If you were not received in Scotland as you merited," continued Mary, "it was no fault of mine; I do not think that you wish to revenge yourself upon me, who knew nothing of it." She then declared that some of the ciphers were hers. "There had been others older and some more recent," she said, "but this is nothing, for people can use the same cipher on occasions, according to the correspondence they have in different places, and for this reason it is possible thatMorgan, who formerly served me, may have used my ciphers, in consequence of the connections which he has with the other princes."
At the name of Morgan, Burleigh, with his usual vehemence, reproached the Queen. "You know well, madame," said he, "that Morgan professes to be your servant, and you have pensioned him, although you are well aware that he plotted the death of the Queen along with Parry, for which crime he is still a prisoner in France, having been pursued and accused by Lord Derby, in the name of Her Majesty."
"You know well," replied Mary, turning towards the audience, "that I have not joined in this undertaking, nor suborned any one." At this appeal several gentlemen present declared loudly that she was entirely innocent of such a crime. "You see by this," continued Mary, "the evil will of some of your Queen's councillors towards me. If any one has undertaken anything against the person of the Queen, it is not I. For long people have conspired against her, of which you have had many proofs. I am grieved that Morgan should have mixed himself up with such matters, but I cannot answer for his actions. I cannot do less than aid him in his necessities in recognition of his services, which I shall never forget, in the same way that I aid others who have assisted me."
As Burleigh still insisted that Morgan was Mary's pensioner, she again denied it, adding that she had desired money to be given to him from time to time for his use; "but," continued she, "has not England pensioned Patrick Gray and other Scotsmen, my enemies, and even my son himself?" "It is true," replied Burleigh, "that, through the negligence of its Regent, the revenues of Scotland are so diminished that the Queen in her goodness has made some gifts to your son, the King of Scotland, who is her own relation." After this avowal Burleigh let the matter drop, and fresh discussions regarding the confessions of Nau and Curle now arose.
Mary's judges maintained that the Queen's secretaries had confessed that their mistress had received "certain letters," and that she had replied to them, that they had done everything by her command, that they had written nothing without communicating it to her, as was her custom, as she allowed nothing to be produced without her knowledge. Thus Mary's "direction" of the conspiracy was proved, they declared, and it was "by her command that the secretaries wrote in her cabinet, where the despatches were made up, and that this was done generally in her presence; that after writing them they read them to her, that the despatches were closed and sealed in hercabinet, and that they had often tried to deter her from such enterprises."
Keenly aware of the injustice of this second-hand manner of producing evidence, the Queen protested. "Why," said she, "are not Nau and Curle examined in my presence? they at any rate are still alive. If my enemies were assured that they would confirm their pretended avowals, they would be here without doubt. If they have written, be it what it may, concerning the enterprise, they have done it of themselves, and did not communicate it to me, and on this point I disavow them. Nau, as a servant of the King of France, may have undertaken things not according to my wishes; he had undertakings that I did not know of. He confessed publicly that he belonged to the King of France, that he did not depend on me, and would only do for me what he thought good. He often complained of me because I could not consent to many of his projects, and would not authorise them. I know well that Nau had many peculiarities, likings, and intentions, that I cannot mention in public, but which I much regret, for he does me great injustice. For my part, I do not wish to accuse my secretaries, but I see plainly that what they have said is from fear of torture and death. Under promise of their lives, and in order to save themselves, they have excusedthemselves at my expense, fancying that I could thereby more easily save myself; at the same time, not knowing where I was, and not suspecting the manner in which I am treated. For more than twelve months Nau has not written in his own cabinet; he has hid himself from every one, and has written his despatches in his own private room, for his own convenience and to be more at his ease, as he said, as Sir Amyas and all the household can attest.
"As to Curle, if he has done anything suspicious, he has been compelled to do it by Nau, whom he feared much to displease, and to avoid whom he fled. And yet," added the Queen, "I do not think either the one or the other would have forgotten himself so far. As I was ill during most of the time, I could not attend to business, and generally I did not know what they were doing, but trusted to Nau."
"It is true," replied Burleigh, "that Nau avows himself a subject of the King of France; but he has been Secretary to the Cardinal of Lorraine, and he is the sworn servant of your Grace. He obeys your commands. It is of his own free will, and without being in any way constrained, that he has made his depositions, to which he has sworn, and written them and signed them with his own hand."
"No doubt he was Secretary of the King," returnedMary, "and received wages from him, terming himself his banker in this country, and under this pretext he was very disobedient to me. I commanded him, it is true, and in a general way supported his doings, as all princes are accustomed to do, but it is for him to answer for his private doings; I cannot but think he has been acting under constraint in this matter. Feeling himself to be feeble and weak by nature, and fearing torture, he thought to escape by throwing all the blame on me. A criminal is not allowed to be sworn, and his assertions are not believed; his oath is worthless. The first oath which he has taken to his master renders all others null and void; and Nau can make none that can prejudice me. And I see well," continued Mary, examining one of the written depositions attributed to Nau, "that he has even not written or signed as he is accustomed to do, supposing that, as you all affirm, he has written it with his own hand; may it not be that while translating and putting my letters into cipher, my secretaries may have inserted things which I did not dictate to them? May it not be also that letters similar to those now produced, may have come to their hands without, however, my seeing them? The majesty and safety of princes would be reduced to nought, if their reputation depended upon the writing and witnesses of their secretaries. I dictatednothing to them but what nature herself inspired me, for the recovery at last of my liberty. I can only be convicted by my words or by my own writings. If, without my consent, they have written something to the prejudice of the Queen, your mistress, let them suffer the punishment of their rashness. But of this I am very sure, if they were now in my presence, they would clear me on the spot of all blame, and would put me out of case. Show me, at least, the minutes of my correspondence written by myself; they will bear witness to what I now assert."
The Queen's defence, so clear and unanswerable, silenced for a time the accusers, and they took refuge in insult. "Then," says Bourgoing, "the Chicaneurs made a great noise, calling out and striving to prove and exaggerate the facts, with fury repeating all that had been said or written,—all the circumstances, suspicions, and conjectures. In short, all the reasons they could imagine were brought to the front to make their cause good, and to accuse the Queen without allowing her to reply distinctly to what they said. Like 'madmen' they attacked her, sometimes one by one, sometimes all together, declaring her to be guilty, which gave occasion to Her Majesty to make a very noble speech on the next morning."[38]
Thus ended the first day of the trial. No notice was taken of the Queen's demands. Her secretaries were never examined in her presence, and her own notes, so earnestly begged by her, were never produced. It was declared later on, indeed, in the star-chamber, that these notes had been destroyed by Mary's own order, but no one dared assert this before herself. Our readers will probably agree with M. Hosack, who thus admirably sums up the result of this day's work:—
"It cannot be denied that, even according to their own account, she had maintained throughout a decisive superiority over her opponents. Without counsel, or witnesses, or papers, and armed with nothing but her own clear intellect and heroic spirit, she had answered, point by point, all their allegations. Knowing the weakness of their proofs, they had artfully mixed up the charge of conspiracy with the scheme of invasion; and Burleigh, taking upon himself the functions of Crown prosecutor, had sought to draw her attention from the main question in dispute, by dwelling on a variety of topics, which were only intended to bewilder and confuse her. But apparently perceiving his design, she brought him back again and again to the real point at issue between them."[39]
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 theattempt 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 oneafter 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, andseveral 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 hissovereign, 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]
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, andwould 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, Ihope 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 toher 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."
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]
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 indeparting, 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.
ALTHOUGH Bourgoing's Journal furnishes us, for the first time, with some details of the Queen's life during the days following the conclusion of the trial, it is provokingly silent as to the manner in which she passed the remainder of the day itself. All he notes is, that "after supper Sir Amyas sent the copy of her protest to Her Majesty."
Sir Amyas, we may suppose, spent his evening in congenial company, for at least one guest of importance remained in the castle. Burleigh writes to Secretary Davison from Fotheringay on the same evening, and the following extracts from his letter show the spirit in which he had carried out his Commission.
"The Queen of the castle," he writes, "was pleased to appear before us in public, so as to be heard in her own defence; but she only replied negatively upon the points in the letters regarding the plots against HerMajesty. She maintained that they had not been written by her, and that she had never had the smallest knowledge of them. In the other things with which she was reproached, as her escape from prison, even by force, and as to the invasion of the kingdom, she said that she neither denied nor avowed them. But her intention was, by long and artificial speeches, to excite the pity of the judges, to throw all the blame upon the person of Her Majesty the Queen, or rather upon the council, from whom she said all the past troubles emanated; maintaining that her offers were reasonable, and that the refusal came from our side. And on this point I fought, and refuted her arguments in such a manner, by my knowledge and experience, that she did not have the advantage she had promised herself. I am also certain that the audience did not think her position worthy of much pity, her allegations being proved to be untrue."[43]
Knowing Paulet's sympathies to be entirely with Mary's accusers, it is astonishing to find that his conduct to her at this moment shows signs of unwonted kindness and consideration. He, says Bourgoing, "nowtreated the Queen courteously, furnished her with the necessary things for her comfort in her lodgings, to which he added the same hall which had served for the examination, and his conversation with her was of good manners, and was rather amiable and courteous than the contrary." Then this faithful servant goes on to tell us how his mistress comforted herself during the weeks of suspense that followed. "Her Majesty, during the whole of this time, was far from being troubled or moved by all that had passed; in fact, I had not seen her so joyous, nor so constantly at her ease, for the last seven years. She spoke only on pleasant subjects, and often, in particular, gave her opinion on some points of the history of England, in the study of which she passed a good portion of the day; afterwards discoursing on the subject of her reading with her household, quite familiarly and joyously, showing no sign of sadness, but with even a more cheerful countenance than previous to her troubles."[44]
Mary had always had a taste for history, and now in the long days of captivity she seems to have given much of her time to this favourite study. The history of her own house, as well as that of the English royal family, must have had a deep and painful interest for her at a moment when she herself was threatened with a fate astragic as any recorded in its darkest pages. In talking over the subject of her reading Mary would often advert to her own affairs, calmly discussing the probabilities, and showing that she expected the worst, of her own life or death, without showing any emotion,—indeed, "her resolution was that she did not fear to die for her good quarrel," adds Bourgoing; and if her people tried to assure her that her death could never be contemplated, she would say that she knew very well what would happen. Mary, in fact, perceived plainly the intentions of her accusers, and not content with her own courageous dispositions, she took pains to acquire all the bodily strength possible before the day of trial. In her physician's quaint language, "Her Majesty took remedies for five or six days to ward off the illness which generally attacked her at the commencement of winter, and this with as much willingness and cheerfulness as she ever did before."
Thus the days passed until the Feast of All Saints. As the Queen was still deprived of her chaplain, she was unable to keep the feast with the solemnity she would have wished. She passed it, however, in prayer and in reading the lives of the saints and martyrs. After dinner, while she was in her oratory, Sir Amyas wished to visit her, and unwilling to disturb her, "waited till Her Majesty had finished her prayers;" then, stillwith unwonted courtesy, he conversed for a considerable time with her, "as if he had nothing really to say to her, and hardly knew with what to entertain her." Sir Amyas, however, had his instructions from Queen Elizabeth, and under semblance of an ordinary conversation, his object was, if possible, to discover some sign of weakness or relenting in his prisoner's sentiments. In this he was disappointed. Mary spoke cheerfully on general subjects,—about her health, which she said was improved; and about her reading, which provided her with her chief amusement. Speaking of the history of England, she observed that in that country blood had never ceased to flow; to which Paulet replied that it had been the same in other countries, and that nothing was more necessary when a state was threatened with serious perils.
Mary, paying no attention to the significance of these words, alluded to the trial, and said that she had remarked visible signs of sympathy and compassion on the countenances of several of the Commissioners, and that she would like to know their names, that she might always bear them in grateful remembrance.
"Those who accused you and those who kept silence were all actuated by the same sentiments," retorted Paulet. "Not one of them was favourable to your cause. I marvel," continued Paulet, "and every one elseis astonished, to see you so calm, under the circumstances in which you find yourself. No living person has ever been accused of crimes so frightful and odious as you are."
"I have no occasion to feel troubled or disturbed," rejoined the Queen; "my conscience is at rest and I have already answered my accusers. God and I know that I have never attempted nor connived at the death or murder of any one. My conscience is perfectly free and clear on this point, and being innocent, I have rather occasion to rejoice than to be sad, having my confidence in God, the protector of the innocent."
"It is a great happiness," replied Sir Amyas, "to have a clear conscience. God is your witness, but a false and dissimulating conscience is a bad thing; it would be better to confess and repent before God, and the world, if you are guilty, which is indeed too evident, the matter having been so well elucidated in your very presence, as you cannot deny."
"No one can say that he is free from sin," answered the Queen. "I am a woman and human, and have offended God, and I repent of my sins, and pray God to forgive me, doing penance for the same; but at present I do not know to whom I could or should confess—God forbid that I should ask you to be my confessor. In the present matter I am not guilty, asyou well know, and I cannot therefore confess it. You will accuse me of what you like, having long had this in view; as I am a Catholic, you wish to treat me as you do the others. I am quite prepared and resolved to die for my religion, and ask for nothing better. I am ready to suffer and endure for the name of God, all unworthy as I am, as have done many holy saints and martyrs, of whom I have read to-day, and whose feast we celebrate."
Sir Amyas protested that there was no question of religion, but of invasion and murder, and that neither Mary nor all the others who might be implicated in the matter could be excused, but were well worthy of punishment.
"It is nothing else," returned the Queen, "but it was necessary to find some other disguise for the measures which had led to this position; but I shall not fare the worse for that. Do not spare me."
In reply Sir Amyas insisted that it was not for religion, and that no one had yet been punished for religion. Further he declared that he knew nothing of what the lords had done, but that they had found the facts so clear and evident that it was reported that they had given sentence, but he did not know of it. Nothing was certain. And he again urged the Queen to confess.
To this Mary rejoined as before, and added that sheknew well that she had been already condemned by her judges before the trial. All that they did here," continued she, "was merely for form's sake, to give a colouring of truth to the proceedings, and to gain their ends, in which I am not bound to acquiesce, and I care nothing for what they have done; it is very easy for brigands and robbers, when they are the strongest, to overcome by force those who pass their way. My enemies keep me in prison, and it is very easy for them to dispose of me as they will. They have strength on their side, while I am weak and alone. I would that every one knew how I am treated and how my affairs are managed."
"You would be very sorry if every one knew," retorted Sir Amyas, "but a matter of this kind cannot be kept quiet or concealed. No sentence or judgment had been delivered before the coming of the lords here."
The Queen remarked that she wished all Christian princes and foreigners could witness how she had been treated, not for her own sake, but for the confusion of her enemies, and for the sake of those of the Catholic Church; for her enemies had not ceased to persecute the poor Catholics, under the pretext that they were traitors because they would not recognise the Queen of England as supreme head of the Church. "For myself," continued she, "as I have already declared before many, I recognise no other head of the Church than the Pope, to whose rule it was confided by the consent of the whole Church duly assembled."
Sir Amyas said that the Queen did not take the title of supreme head of the Church. "God forbid," added he, "that there should be any other supreme head than Jesus Christ. I recognise no other."
"It is on this point alone that the exclusion of Catholics is founded," replied Mary, "and it is a well-known fact that, following the example of Henry the Eighth, this title was given to your mistress. As you may believe, the Calvinists, who are the most reformed, do not approve of this, but those who follow the Queen's religion, who are Lutherans and the inventors of that sect, consider guilty of high treason all those who deny her prerogatives. Not only have those been judged to be guilty who do not recognise the Queen's title, or who deny it by words or by acts, but they have been forced to declare their opinion on their conscience, and on their reply have been condemned to death. If the Queen of England may not wish to accept the title, she at least knows well that it is given to her, and the person who does not give it is looked upon as guilty."
Sir Amyas, shaking his head ironically, once moreprotested that his mistress did not accept such a title, nor was it given to her. He allowed, however, that the Puritans and others acknowledged her as "head and governor under God of things ecclesiastical and temporal in England, as it was reasonable she should be, but not as supreme head of the Church."