ON Sunday 25th September 1586 Mary Stuart reached the last stage of her weary pilgrimage. As she passed through the gloomy gateway of Fotheringay Castle the captive Queen bade farewell to hope and to life. Well read as she was in the history of England, Mary must have keenly realised the ominous nature of her prison. The name of Fotheringay had been connected through a long course of years with many sorrows and much crime, and during the last three reigns the castle had been used as a state prison. Catherine of Arragon, more fortunate than her great-niece, had flatly refused to be imprisoned within its fatal walls, declaring that "to Fotheringay she would not go, unless bound with cart ropes and dragged thither." Tradition, often kinder than history, asserts that James VI., after his accession to the English throne, destroyed the castle;[17] and though it is no longer possible to credit him with this act of filial love or remorse, time has obliterated almost every trace of the once grim fortress. A green mound, an isolated mass of masonry, and a few thistles,[18] are all that now remain to mark the scene of Mary's last sufferings. Very different was the aspect of Fotheringay at the time of which we write. Then, protected by its double moat, it frowned on the surrounding country in almost impregnable strength. The front of the castle and the great gateway faced to the north, while to the north-west rose the keep. A large courtyard occupied the interior of the building, in which were situated the chief apartments, including the chapel and the great hall destined to be the scene of the Queen's death.

Mary, as we know, reached Fotheringay under the care of Sir Amyas Paulet and Sir Thomas Gorges.[19] Sir William Fitzwilliam, castellan of the castle, whose constant courtesy and kindness obtained the Queen's ready gratitude, had also accompanied her. As soon as Mary was safely consigned to her prison Sir Thomas Gorges was despatched to inform Queen Elizabeth of the fact. His report of the journey which he had made in company with the royal prisoner and the arrival at Fotheringay (which must have afforded him many opportunities of ascertaining Mary's sentiments regarding the position in which she was now placed) would be full of the deepest interest for us, but although, no doubt, Elizabeth eagerly inquired into every detail regarding her cousin, no record of this report has been discovered.

Very little is known of Mary's first days at Fotheringay. No letters of the Queen's relating to this time have been preserved, but from Bourgoing's Journal we gather a few facts. His mistress, he tells us, complained, and with justice, of the scanty and insufficient accommodation provided for her, especially as she had observed "many fine rooms unoccupied." As Paulet paid little attention to her demands, and it was rumoured that the vacant apartments were reserved for some noblemen, Mary at once suspected that she was about to be brought to trial. She had long foreseen this issue, and had spoken of it to her attendants. The prospect did not alarm her; to use Bourgoing's words, "she was not in the least moved; on the contrary, her courage rose, and she was more cheerful and in better health than before."

On October 1st Paulet sent a courteous message to the Queen requesting an interview with her. He had received intelligence which he would "willingly" communicate to her. Experience had taught Mary and her followers to connect evil tidings with any unusual display of civility on Paulet's part, nor were they deceived. When he found himself in Mary's presence he brusquely informed her that Queen Elizabeth, having now received Sir Thomas Gorges' report, had expressed much surprise, and marvelled that her cousin dared to deny the charges brought against her, when she herself possessed proof of the facts. His mistress must now send some of her lords and counsellors to interrogate Mary, and of this he wished to warn her, so that she might not think she was to be taken by surprise. Then lowering his voice, Paulet added significantly that "the Queen would do better to beg pardon of Her Majesty, and confess her offence and fault, than to let herself be declared guilty (by law); and that if she would follow his advice, and agree to this, he would communicate her decision to Queen Elizabeth, being ready to write her reply, whatever it might be." Mary smiled at this proposal, saying that it reminded her of the way in which children are bribed to make them confess, and in reply said, "As a sinner I am truly conscious of having often offended my Creator, and I beg Him to forgive me, but as Queen and Sovereign I am aware of no fault or offence for which I have to render account to any one here below, as I recognise no authority but God and His Church. As therefore I could not offend, I do not wish for pardon; I do not seek, nor would I accept it from any one living." Then assuming a lighter tone, the Queen further remarked that she thought Sir Amyas took much pains for but small result, and that he seemed to make little progress in this affair. Paulet here interrupted her, exclaiming that his mistress could show proof of what she asserted, and that the thing was notorious. Mary therefore would do well to confess, but he would report her answer. He then begged the Queen to listen while he repeated her answer word by word, and having written it down, he despatched it on the same day to the Court.

We may ask ourselves whether Elizabeth was sincere in her overtures to her cousin. If Mary had sued for mercy, would Elizabeth have granted it? It is more probable that any words which could have been extorted from Mary would have been used by the English Queen as a safeguard for her own honour. Armed with a confession of any sort, Elizabeth would have had no difficulty in ridding herself quietly of her cousin, and her own reputation would have suffered less. As we have seen, Mary at once perceived the trap prepared for her, and with her usual promptitude and courage she easily avoided it.

About this time a little ray of comfort came to cheer the Queen's imprisonment. Her faithful steward, Melville, who had of late been separated from her, was permitted to return, and he brought with him his daughter and the daughter of Bastien Pages, who was a goddaughter of the Queen's. The consolation which Mary received from their arrival was, however, soon allayed by the summary dismissal of her coachmen and some other servants, a proceeding which she rightly took to be a fresh sign of the gravity of her position.[20]

In London meanwhile events were proceeding rapidly. On October 8th the Commissioners appointed to judge the Scottish Queen assembled at Westminster. The Chancellor, Sir Thomas Bromley, having briefly related the history of the late conspiracy, read aloud copies of the letters addressed by Babington to Mary, her reputed answers, and the evidence said to have been extracted from Nau and Curle. At the conclusion nearly all present were of opinion that Mary should be brought to trial. The Commissioners were therefore summoned to meet at Fotheringay, and all the peers of the kingdom were invited to be there present, save those employed in offices of state. To the great displeasure of Elizabeth and Burleigh, Lord Shrewsbury evaded this summons on the plea of illness. The Queen herself intimated the approaching trial to her faithful Paulet.[21] The crisis, therefore, had now come. No one familiar with the character of Elizabeth or the policy of her advisers could doubt the issue of the trial. It would have seemed only natural to suppose that France or Spain would effectively resent the outrage offered to a sister Queen; but the days of chivalry were past, and Philip of Spain could forsake an ally and Henry of France abandon a sister-in-law in her dire need. To the honour of France be it said, however, that Mary found an ardent defender in the French Ambassador, De Chateauneuf, who exerted himself to the utmost on her behalf; Elizabeth, however, treated his efforts with supreme contempt.

When Chateauneuf implored that the Queen of Scotland might at least have counsel to defend her, Elizabeth sent him word that she knew what she was doing, and did not require advice from strangers. She was aware that she need fear no active interference from Chateauneuf's master. Still less did she dread opposition on the part of the young King of Scotland. The disregard for his mother, in which Elizabeth had herself encouraged James, was her present safeguard, and she had determined that should he prove obstinate she would threaten him with exclusion from the succession to the English throne.

On Saturday, 11th October, the Commissioners reached Fotheringay. Some were lodged in the castle, though the greater number found rooms in the village and neighbouring farmhouses and cottages. A duplicate copy of the Commission was at once transmitted to Mary. The act bore the names of forty-eight members, but of these nine or ten had refused to attend.

The Primate of England headed the list, and among the most important names occurred those of Cecil, Lord Burleigh, Walsingham, Sir Christopher Hatton, the Earls of Leicester and Warwick, Davison, Elizabeth's Secretary, Beale, and others.[22]

On the following day, Sunday, the lords attended service in the castle chapel. They afterwards sent a deputation to Mary, composed of Sir Walter Mildmay, Sir Amyas Paulet, Barker (Elizabeth's notary), and Stallenge, Usher of Parliament. They were the bearers of a letter from their mistress, couched in brief and imperious terms. This epistle, which was addressed simply to "The Scotish," without any other title or expression of courtesy, stated that Elizabeth having heard that Mary had denied participation in the plot against her person, notwithstanding that she herself possessed proofs of the fact, she now considered it well to send some of her peers and legal counsellors to examine Mary and judge the case, adding that as the Queen of Scotland was in England, and under her protection, she was subject to the laws of the country.[23]

In reply to this document, which, as she observed, read as a command addressed to a subject, Queen Mary replied with dignity. "I am myself a queen," said she, "daughter of a king, a stranger, and the true kinswoman of the Queen of England. I came into England on my cousin's promise of assistance against my enemies and rebel subjects, and was at once imprisoned. I have thus remained for eighteen years, always ill-treated and suffering constant trials at the hands of Queen Elizabeth. I have several times offered to treat with the Queen with good and honest intentions, and have often wished to speak with her. I have always been willing to do her service and give her pleasure, but I have always been prevented by my enemies. As a queen I cannot submit to orders, nor can I submit to the laws of the land without injury to myself, the King my son, and all other sovereign princes. As I belong to their estate, majesty, and dignity, I would rather die than betray myself, my people, or my kingdom, as a certain person has done. I decline my judges," continued Mary, "as being of a contrary faith to my own. For myself, I do not recognise the laws of England, nor do I know or understand them, as I have already often asserted. I am alone, without counsel, or any one to speak on my behalf. My papers and notes have been taken from me, so that I am destitute of all aid, taken at a disadvantage, commanded to obey, and to reply to those who are well prepared and are my enemies, who only seek my ruin. I have made several offers to the Queen of England which have not been accepted, and now I hear that she has again entered into a league with my son, thus separating mother from child. I am a Catholic, and have placed myself under the protection of those Catholic kings and princes who have offered me their services. If they have planned any attempt against Queen Elizabeth, I have not been cognisant of it, and therefore it is wrong to treat me as if I were guilty." Mary concluded by demanding that reference should be made to her former protestation.[24]

Mildmay and Paulet carried Mary's reply to the Commissioners, who were assembled in the large apartment which had been prepared for them, near the Queen's rooms. After a consultation had been held, Sir Amyas, Barker, and Stallenge returned to the Queen's presence, in order to obtain her sanction to the copy of her answer to Elizabeth, which had been committed to writing.

Barker knelt before Mary and read aloud the letter, which, Bourgoing tells us, was reported in "good style," and with no omission save the passage in which Mary expressed her desire to see Elizabeth. Mary signified her approval of the letter, and observed that she wished now to reply to those points of her cousin's letter which in her trouble and agitation had before escaped her. She repeated that she did not consider herself under the protection of the Queen; that she had not come into England for refuge, but to obtain assistance; and that, notwithstanding the promise of help from Elizabeth, she had been made prisoner and detained by force. She was not, she said, subject to the laws of England, which are made for the English and such as come to reside in England, whereas she had always been dealt with as a captive and had had no advantage from the laws, nor had she been in subjection to them. She had always kept her own religion, which was not that of England, and she had lived according to her own usages, to all of which no objection had been made.

Here Sir Amyas, "appearing to show himself more considerate," bade the Queen remember that he had no orders either to listen to her or to report her words; but Barker, "whispering in his ear," assured him that he could let her speak, and add her words and anything else he wished to the report. Paulet did not, however, avail himself of this piece of advice, and thus the interview ended.

On the following morning, about ten o'clock, just as the Queen was seated at table for her early dinner, Sir Amyas, Barker, and Stallenge came to inquire whether she would be pleased to see the Commissioners, as they desired to speak with her. Mary expressed her willingness to receive them, and accordingly several members, chosen from the different orders of peers, privy-councillors, and lawyers, entered her presence, one by one, with great ceremony, preceded by an usher bearing the great seal of England.

The Lord Chancellor, Sir Thomas Bromley, speaking in the name of all, announced that they had come by command of the Queen of England their mistress, who, being informed that the Queen of Scotland was charged with complicity in a conspiracy against her person and state, had commissioned them to examine her on several points concerning this matter. He further reminded Mary that the Commission was authorised by letters patent thus to interrogate her; and concluded by remarking that as neither her rank as sovereign nor her condition as prisoner could exempt her from obedience to the laws of England, he recommended Her Majesty to listen in person to the accusations about to be brought against her, as, should she refuse, the Commissioners would be obliged in law to proceed against her in her absence.

Mary, who was much moved by this arrogant speech, replied with tears that she had received Elizabeth's letter, and that she would rather die than acknowledge herself her subject. "By such an avowal," continued she, "I should betray the dignity and majesty of kings, and it would be tantamount to a confession that I am bound to submit to the laws of England, even in matters touching religion. I am willing to reply to all questions, provided I am interrogated before a free Parliament, and not before these Commissioners, who doubtless have been carefully selected, and who have probably already condemned me unheard." In conclusion Mary bade them consider well what they were doing. "Look to your consciences," said she, "and remember that the theatre of the world is wider than the realm of England." Noble and pathetic words, to the truth of which the history of three hundred years bears ample testimony.

Burleigh (whom Bourgoing designates as "Homme plus vÉhement")[25] here interrupted the Queen, and informed her that the council, after receiving her former reply, had taken the advice of several learned doctors of canon and civil law; and that the latter, after mature deliberation, had decided that the Court could, despite her protest, proceed in the execution of their Commission. "Will you therefore," continued Burleigh rudely, "hear us or not? If you refuse, the assembled council will continue to act according to the Commission."

The Queen reminded Burleigh that she was a queen, and not a subject, and could not be treated as one. He retorted that Queen Elizabeth recognised no other queen but herself in her kingdom. He and his colleagues, he said, had no wish to treat Mary as a subject; they were well aware of her rank, and were prepared to treat her accordingly; but they were bound to fulfil the line of duty laid down for them by the Commission, and to ascertain whether she was subject to the laws of England. He ended by declaring that she was assuredly subject to the civil and canon law as it was observed abroad. The Queen remaining unconvinced by these arguments, the Commissioners were forced to retire for a time.

Before leaving her Burleigh made a curious speech, bidding Mary recall to her memory the benefits which had been heaped upon her by her cousin! insisting in especial upon some remarkable instances of her clemency. "The Queen, my mistress," said he, "has punished those who contested your pretensions to the English crown. In her goodness she saved you from being judged guilty of high treason at the time of your projected marriage with the Duke of Norfolk, and she has protected you from the fury of your own subjects."

Mary replied to this extraordinary speech with a sad smile.

As soon as she had dined, the Queen, who, as Bourgoing tells us, had not been able to write for a long time, owing to rheumatic pains in her arm, set to work to make notes, to assist her when the Commissioners should return; fearing, as she said, that her memory might fail her. As was usual with her, however, the very danger of her position inspired her with fresh vigour and courage, and when the moment came she defended herself as "valiantly as she was rudely assailed, importuned, and pursued by the Commissioners; and she ended by saying far more than she had prepared in writing."

In the course of the afternoon Sir Amyas and three others were deputed to wait on Mary with a duplicate copy of the Commission, which she had requested to see. They proceeded to explain this document, which was chiefly founded on two Acts of Parliament passed two years previously. By the former of these it was declared high treason for any one to speak of Mary's succession to the crown of England during the lifetime of Elizabeth. The second decreed that should any one, of whatsoever rank, in the kingdom or abroad, conspire against the life of Elizabeth, or connive at such conspiracy, it should be lawful for an extraordinary jury comprised of twenty-four persons to adjudge that case. These laws (which the Queen justly felt to have been framed specially for her destruction) were now to be applied. She was accused of "consenting" to the "horrible fact of the destruction of Elizabeth's person and the invasion of the kingdom," and she was now called upon to submit to the interrogations of the appointed judges. To the energetic protests offered by Mary the deputies made no reply, but withdrew to consult with the other Commissioners; and later in the day the attack was renewed.

On this occasion Bourgoing says that the lords came in fewer numbers than in the morning, but with the same ostentatious ceremony.

The Queen began by referring to a passage in Elizabeth's letter, and demanded to know what the word "protection" there signified. "I came into England," said she, "to seek assistance, and I was immediately imprisoned. Is that 'protection'?" Burleigh, always the spokesman, and who invariably seemed animated with a wish to attack Mary, was puzzled to reply to this simple question, and endeavoured to evade it. He had "read the letter in question," he said, "but neither he nor his colleagues were so presumptuous as to dare to interpret their mistress's letter. She, no doubt, knew well what she wrote; but it was not for subjects to interpret the words of their sovereign."

"You are too much in the confidence of your mistress," returned Mary, "not to be aware of her wishes and intentions, and if you are armed with such authority by your Commission as you describe, you have surely the power to interpret a letter from the Queen." Burleigh denied that he and his companions had known anything of the letter; adding, however, that he was aware that his mistress considered that every person living in her kingdom was subject to its laws. "This letter," continued Mary, "was written by Walsingham; he confessed to me that he was my enemy, and I well know what he has done against me and my son." At this point the Commissioners "discussed among themselves as to whether Walsingham had been in London at the time when the letter was written or not, but could not decide the question." Mary then again protested against the injustice of being tried by the laws of a country in which she had lived only as a prisoner.

"If your Majesty," retorted one of the lords, "was reigning peacefully in your own kingdom, and some one were to conspire against you, would you not proceed against him, were he the greatest king in the world?"

"Never," replied Mary, "never would I act in such a manner; however, I see well that you have already condemned me—all you do now is merely for form's sake. I do not value my life, but I strive for the preservation of my own honour, and the honour of my relatives and of the Church. You frame laws according to your own wishes," continued the Queen; "and as in former days the English refused to recognise the salique law in France, so I do not feel bound to submit to your laws. If you wish to proceed according to the common law of England, you must produce examples and precedents. If you follow the canon law, those only who framed it can interpret it. Roman Catholics alone have the right to explain and apply it." To this Burleigh replied that the canon law was used ordinarily in England, especially regarding marriages and kindred matters, but not in what touched the authority of the Pope, which they neither desired nor approved. "In consequence then," continued Mary, "you cannot avail yourselves of the privilege of him whose authority you deny. The Pope and his delegates alone can interpret the canon law, and I know of no one in England who has received this authority from the sovereign pontiff. As for the civil laws, they were made by the Catholic Emperors of old, or in any case, sanctioned by them; and these laws can only be applied by such as approve their authors, and would wish to imitate them. As these laws were often obscure and difficult, and people wished to interpret them, each according to his own idea, universities were established in Italy, France, and Spain. Here in England, where none such exist, you do not possess the knowledge of the true spirit and interpretation of these laws, but you interpret them according to your own wishes, and in such a way as to serve the law, and the police law of your country. If you wish to try me by the true civil law, I demand that some members of the universities be allowed to judge my case, so that I may not be left to the judgment of such lawyers as are subservient to the laws of England alone. But I see that you wish to prevent me from benefiting either by the canon or the civil law. You wish to reduce me to subject myself to the law of this country; but," continued the Queen earnestly, "I have no knowledge of this law. It is not my profession, and you have taken from me all power of studying it. Kings and princes usually have around them such persons as are versed in these matters, but I have no one. I therefore beg you to give me information in order that I may know how those in my position have been treated in the time past, and what has been admitted by law or precedent, either favourable to my case or not."

Mary's hearers eagerly seized the opportunity afforded them, and suggested that she should see the judges and lawyers then present at Fotheringay, who would explain the matter to her. At first the Queen seemed as if she were inclined to favour this proposal. "Her Majesty, very well pleased, at first agreed, till she perceived by some words of the Treasurer (Burleigh) that by this suggestion they had no intention but to make her aware by them (the judges) that her cause was bad, that she was subject to the laws of England, and that there was a just case against her, so that consequently she might in the end be judged by them. So Her Majesty, perceiving that she could not communicate with the judges about her business without humbling herself, refused to hear them."[26]

The envoys now proposed to the Queen to hear the new Commission. After listening to it attentively, Mary observed that she saw it referred to laws which she must refuse to recognise, as she suspected that they had been framed expressly for her ruin by those persons who were her enemies, and who aimed at dispossessing her of her right to the kingdom. Elizabeth's emissaries replied that even though the laws were new, they were as just and equitable as those of other countries. Her Majesty, they added, knew well that it was necessary on occasion to abrogate certain laws and frame new ones.

"These new laws," returned Mary, "cannot be used to my prejudice. I am a stranger, and consequently not subject to them, and the more especially as I belong to a different religion. I confess to being a Catholic, and for this religion I would wish to die, and shed my blood to the last drop. In this matter do not spare me; I am ready and willing, and shall esteem myself very happy if God grants me the grace to die in this quarrel." The Queen's hearers, amazed at her courage, refrained from pressing her further, and reserved—as Bourgoing tells us—their reply for a future occasion.

Mary now demanded to see the former protestation which she had made at Sheffield. "I have not changed since then," she remarked, "being the same person still, my rank and quality remaining undiminished, and my sentiments unaltered, while the circumstances were then almost identical with those of the present crisis." Being thus pressed, Sir Thomas Bromley and Lord Burleigh read aloud the protestation, refusing at the same time either to approve or accept it. Bromley acknowledged, however, that he had on the previous occasion received it from Mary and presented it to his mistress. "Her Majesty," continued he, "neither approved nor accepted it, and we are not at liberty to receive it, nor you to make use of it. The Queen of England has power in her own kingdom over all persons who conspire against her without respect to quality or degree. As your rank is, however, well known, the Queen is treating you very honourably, having selected so worthy a company of the great men of her kingdom as her Commissioners in this matter. We have taken no step against you; we are not judges, but have only come to examine you."

The day passed thus in mutual discussion until dusk, when Sir Christopher Hatton, seeing that no progress was being made, interposed, and adopting a conciliatory tone, observed that to his mind many unnecessary matters were being discussed. He and his colleagues were there simply to ascertain whether the Queen of Scots was, or was not, guilty of having participated in the plot against their mistress. He was of opinion, he said, that the Queen should not refuse to be examined, as in that case people would take her to be guilty, whereas were she to consent to be interrogated she could prove her innocence, which would bring honour to herself and rejoice Queen Elizabeth. Hatton added that in his parting interview with his mistress she had protested to him with tears that nothing had ever so wounded her as the thought that her cousin should have sought to injure her,—a thing which she could not have believed of her.

"What favour can I look for when I shall have established my innocence?" demanded Mary; "and what reparation will be made to me for being brought here by force, treated as a criminal and a subject, and convoked before an assembly of judges in an apartment specially prepared for my trial?"

"Your honour will suffer no injury," returned Hatton persuasively, "and my mistress will be satisfied. As for the place of your trial, that is of no consequence; any place would do equally well. This castle was chosen as being the Queen's property and suitable for the occasion. If any of your people have alarmed you, be reassured, there is no danger for you. We have chosen the large hall close to your own apartment, as being more commodious for you in your weak health, and as it is Her Majesty's presence-chamber, we have there erected her dais. To us, who are sent here as her Commissioners, this attribute of state represents our Queen, as if she were here in person." Burleigh here impatiently interrupted Hatton by exclaiming that it was time to retire, and demanded once more of Mary whether she would be examined or not. "The Commissioners are determined to proceed in any case," said he, "and the council will assemble to-morrow."

"I am not obliged to answer you," replied Mary. "May God inspire you, and may you be directed to do right according to God and to reason. I beseech you, think well of what you are about."

The Commissioners then withdrew.

Elizabeth had been at once informed of the previous day's interview, of Mary's refusal to be interrogated, and of the resolution of the Commissioners to proceed with the trial and sentence, even in the absence of the prisoner. Alarmed at this decision, the Queen sent a courier post-haste to urge Burleigh and his companions not to pronounce sentence until they should return, and give her a complete report of the proceedings. The same messenger was the bearer of a letter to Mary, the reception of which must have added bitterness to this day of trial.[27] The letter ran as follows:—

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]