Page 30 of 162

* Anderson, vol. iv. part ii. p. 52. Goodall, vol. ii. p.
128. Haynes, p. 478.

** Anderson, vol. iv. part ii. p. 64, et seq. Goodall, vol.
ii. p. 144.

The queen’s answer to this apology was obvious: that she did not know, and never could suspect, that Bothwell, who had been acquitted by a jury, and recommended to her by all the nobility for her husband, was the murderer of the king; that she ever was, and still continues desirous, that, if he be guilty, he may be brought to condign punishment; that her resignation of the crown was extorted from her by the well-grounded fears of her life, and even by direct menaces of violence; and that Throgmorton, the English ambassador, as well as others of her friends, had advised her to sign that paper, as the only means of saving herself from the last extremity, and had assured her, that a consent, given under these circumstances, could never have any validity.[*]

So far the queen of Scots seemed plainly to have the advantage in the contest; and the English commissioners might have been surprised that Murray had made so weak a defence, and had suppressed all the material imputations against that princess, on which his party had ever so strenuously insisted, had not some private conferences previously informed them of the secret. Mary’s commissioners had boasted that Elizabeth, from regard to her kinswoman, and from her desire of maintaining the rights of sovereigns, was determined, how criminal soever the conduct of that princess might appear, to restore her to the throne;[**] and Murray, reflecting on some past measures of the English court, began to apprehend that there were but too just grounds for these expectations. He believed that Mary, if he would agree to conceal the most violent part of the accusation against her, would submit to any reasonable terms of accommodation; but if he once proceeded so far as to charge her with the whole of her guilt, no composition could afterwards take place; and should she ever be restored, either by the power of Elizabeth or the assistance of her other friends, he and his party must be exposed to her severe and implacable vengeance.[***] He resolved, therefore, not to venture rashly on a measure which it would be impossible for him ever to recall; and he privately paid a visit to Norfolk and the other English commissioners, confessed his scruples, laid before them the evidence of the queen’s guilt, and desired to have some security for Elizabeth’s protection, in case that evidence should, upon examination, appear entirely satisfactory. Norfolk was not secretly displeased with these scruples of the regent.[****]

* Anderson, vol. iv. part ii. p. 60, et seq. Goodall, vol.
ii. p. 162.

** Anderson, vol. iv. part ii. p. 45. Goodall, vol. ii. p.
127.

*** Anderson, vol. iv. part ii. p. 47, 48. Goodall, vol. ii.
p. 159.

**** Crawford, p. 92. Melvil, p. 94, 95. Haynes, p. 574.

He had ever been a partisan of the queen of Scots. Secretary Lidington, who began also to incline to that party, and was a man of singular address and capacity, had engaged him to embrace further views in her favor, and even to think of espousing her: and though that duke confessed[*] that the proofs against Mary seemed to him unquestionable, he encouraged Murray in his present resolution, not to produce them publicly in the conferences before the English commissioners.[**]

Norfolk, however, was obliged to transmit to court the queries proposed by the regent. These queries consisted of four particulars: Whether the English commissioners had authority from their sovereign to pronounce sentence against Mary, in case her guilt should be fully proved before them? Whether they would promise to exercise that authority, and proceed to an actual sentence? Whether the queen of Scots, if she were found guilty, should be delivered into the hands of the regent, or, at least, be so secured in England, that she never should be able to disturb the tranquillity of Scotland? and, Whether Elizabeth would also, in that case, promise to acknowledge the young king, and protect the regent in his authority?[***]

Elizabeth, when these queries, with the other transactions, were laid before her, began to think that they pointed towards a conclusion more decisive and more advantageous than she had hitherto expected. She determined therefore to bring the matter into full light; and, under pretext that the distance from her person retarded the proceedings of her commissioners, she ordered them to come to London, and there continue the conferences. On their appearance, she immediately joined in commission with them some of the most considerable of her council; Sir Nicholas Bacon, lord keeper, the earls of Arundel and Leicester, Lord Clinton, admiral, and Sir William Cecil, secretary.[****] The queen of Scots, who knew nothing of these secret motives, and who expected that fear or decency would still restrain Murray from proceeding to any violent accusation against her, expressed an entire satisfaction in this adjournment; and declared that the affair, being under the immediate inspection of Elizabeth, was now in the hands where she most desired to rest it.[v].

* Anderson, vol., iv. part ii. p. 77.

** Anderson, vol. iv. part ii. p. 57, 77. State Trials, vol.
i. p. 76

*** Anderson, vol. iv. part ii. p. 55. Goodall, vol. ii. p.
130.

**** Anderson, vol. iv. part ii. p. 99.

v    Anderson, vol iv. part ii. p. 95. Goodall, vol. ii. p
177, 179.

The conferences were accordingly continued at Hampton Court; and Mary’s commissioners, as before, made no scruple to be present at them.

The queen, meanwhile, gave a satisfactory answer to all Murray’s demands; and declared that, though she wished and hoped from the present inquiry to be entirely convinced of Mary’s innocence, yet if the event should prove contrary, and if that princess should appear guilty of her husband’s murder, she should, for her own part, deem her ever after unworthy of a throne.[*] The regent, encouraged by this declaration, opened more fully his charge against the queen of Scots; and after expressing his reluctance to proceed to that extremity, and protesting that nothing but the necessity of self-defence, which must not be abandoned for any delicacy, could have engaged him in such a measure, he proceeded to accuse her in plain terms of participation and consent in the assassination of the king.[**] The earl of Lenox too appeared before the English commissioners, and, imploring vengeance for the murder of his son, accused Mary as an accomplice with Bothwell in that enormity.[***]

When this charge was so unexpectedly given in, and copies of it were transmitted to the bishop of Ross, Lord Herreis, and the other commissioners of Mary, they absolutely refused to return an answer; and they grounded their silence on very extraordinary reasons: they had orders, they said, from their mistress, if any thing were advanced that might touch her honor, not to make any defence, as she was a sovereign princess, and could not be subject to any tribunal; and they required that she should previously be admitted to Elizabeth’s presence, to whom, and to whom alone, she was determined to justify her innocence.[****]

* Goodall, vol. ii. p. 199.

** Anderson, vol. iv. part ii. p. 115, et seq. Goodall, vol.
ii. p. 206.

*** Anderson, vol. iv. part ii. p. 122. Goodall, vol. ii. p.
208.

**** Anderson, vol. iv. part ii. p. 125, et seq. Goodall,
vol. ii. p. 184, 211, 217.

They forgot that the conferences were at first begun, and were still continued, with no other view than to clear her from the accusations of her enemies; that Elizabeth had ever pretended to enter into them only as her friend, by her own consent and approbation, not as assuming any jurisdiction over her; that this princess had from the beginning refused to admit her to her presence, till she should vindicate herself from the crimes imputed to her; that she had therefore discovered no new signs of partiality by her perseverance in that resolution; and that though she had granted an audience to the earl of Murray and his colleagues, she had previously conferred the same honor on Mary’s commissioners;[*] and her conduct was so far entirely equal to both parties.[**] 11