THE Queen passed an anxious and sleepless night in preparation for the morrow's attack. She commenced the day in prayer, in her oratory, imploring strength to defend her honour and her life.

As on the previous day, Mary entered the hall attended by Bourgoing, and accompanied by Melville and others of her attendants. She was very pale, but her countenance expressed unabated firmness and resolution. It is to be noted that on this occasion neither the Attorney-General nor the Queen's Sergeant took part in the proceedings. Either Burleigh was dissatisfied as to the way in which things were going, or he desired to show his own legal skill, and had determined to take upon himself the entire management of the trial,—a departure from the established usage, unheard of in any other state trial of the period.

It was known that the Queen wished to address the assembly, and as soon as she was seated all approached in silence, and with bare heads, "in great curiosity to hear her."

"I beg permission, gentlemen," said she, "to speak freely and to say all that I think necessary, and without being interrupted, according to the promise made to me yesterday by the Chancellor in the name of all this assembly. The manner in which I am treated appears to me very strange; not only am I brought to this place to be tried, contrary to the rights of persons of my quality, but my case is discussed by those who are not usually employed in the affairs of kings and princes. I thought only of having to reply to gentlemen who have virtue for their guide, and who hold the reputation of princes in honour; to those who devote themselves to the protection of their princes, to the preservation of their rights, and to the defence of their country, of which they are the guardians and protectors.

"Instead of this, I find myself overwhelmed under the importunity of a crowd of advocates and lawyers, who appear to be more versed in the formalities of petty courts of justice, in little towns, than in the investigation of questions such as the present. And although I was promised that I should be simply questioned and examined on the one point,—that, namely, concerning the attempt on the person of the Queen,—they have presumed to accuse me, each striving who should surpass the other in stating and exaggerating facts, and attempting to force me to reply to questions which I do not understand, and which have nothing to do with the Commission. Is it not an unworthy act to submit to such conduct of such people, the title of a princess, one little accustomed to such procedures and formalities? and is it not against all right, justice, and reason to deliver her over to them, weak and ill as she is, and deprived of counsel, without papers, or notes, or secretary? It is very easy for many together, and, as it appears to me, conspiring for the same object, to vanquish by force of words a solitary and defenceless woman. There is not one, I think, among you, let him be the cleverest man you will, who would be capable of resisting or defending himself, were he in my place. I am alone, taken by surprise, and forced to reply to so many people who are unfriendly to me, and who have long been preparing for this occasion; and who appear to be more influenced by vehement prejudice and anger than by a desire of discovering the truth and fulfilling the duties laid down for them by the Commission.

"If, however, I must submit to this treatment, I ask, at least, that I may be permitted to reply to each person and to each point of the accusation separately, and one after the other, without confusion; as, on account of my sickness and weakness, it is impossible for me to refer back in detail, as I should wish, to such a mass of subjects all advanced confusedly together. In any case I demand that, as this assembly appears to have been convened for my accusation, another shall be summoned in which I may enter freely and frankly, defending my rights and my honour, to satisfy the desire I have of proving my innocence."

"It is quite right," replied Burleigh, "that your Grace should say all that you wish, and you shall do so. As for those who interrogated you yesterday, they acted according to their duty. To discover the truth of facts it is necessary to discuss all questions which relate to the case in hand; as regards your demand that a fresh assembly should be convoked, it shall be seen to, but we ourselves have not the power to grant it."

This moderate speech is in character with what Bourgoing specially notices, namely, the temporary change in the demeanour of the accusers. "All this morning," he tells us, "the pettifogging lawyers showed themselves more modest, and not only this, but the Treasurer gave them hints by signs how to act, making them speak or be silent according as he wished. From this," continues Bourgoing, "we took occasion to hope that the proceedings would soon come to an end, especially as we observed that most of the noblemen had come to the assembly booted, and some even in riding dress."

The forenoon passed in discussions very similar to those of the previous day, "concerning rather the overthrow of the Queen by strangers, the correspondence of Her Majesty with the Christian princes, and her deliverance from prison," than bearing upon the real question at issue, the attempt on Elizabeth's life. The same wearisome questions were met by the same dignified answers, and Bourgoing gives many interesting details which are not recorded in the English reports of the trial.

Burleigh took pains to persuade Mary once more of the great favours which had been shown to her, assuring her again that the Commission could have examined the proofs in her absence; and protesting that although they desired to examine her only regarding the one point of accusation, it was necessary, for the full knowledge of the truth, to read the whole correspondence brought in evidence against her.

"The circumstances may be proved," returned Mary, "but never the fact itself. My innocence does not depend on the reputation, or on the memory, of my secretaries, although I hold them to be honest and sincere. It is possible for letters to be sent to other persons than those to whom they were written, and several things have been inserted in those letters which I did not dictate. If my papers had not been taken from me, and if I had a secretary, I could better refute the accusations brought against me."

"You will be accused of nothing previous to 19th June," continued Burleigh, "and your papers would be of no use to you. Your secretaries and the chief of the conspiracy himself (who were never put to the torture) have affirmed that you sent certain letters to Babington; and although you deny this, it is for the Commissioners to judge whether they should place more faith in an affirmation or in a denial.

"But to return to the present question. You have formed many plans for your deliverance. If they have not succeeded, that is your own fault and not the fault of my mistress, for the Scotch lords have refused to place their King under guardians again. At the very moment that the last treaty for your freedom was concluded, Parry, one of your own servants, was secretly sent by Morgan to assassinate the Queen."

Mary exclaimed, "You are indeed my enemy."

"Yes," replied Burleigh, "I am the enemy of the enemies of Queen Elizabeth."

Letters from Mary to Charles Paget referring to the projected invasion were now read, and one from Cardinal Allen to the Queen, in which he addressed her as his sovereign, and informed her that the matter was recommended to the Duke of Parma.

While this was going on Mary examined the faces of her judges, and questioned Paulet (who was seated behind her) regarding the names of those she did not know, carefully noting "who spoke much and who spoke little or kept silence."

As soon as the reading was finished Burleigh accused the Queen of having proposed to send her son to Spain, and of transmitting to Philip the Second her "pretended rights" to the Crown of England.

"I have no kingdom to confer," replied she, "but I have a legal right in giving what belongs to me, and on this point I have to answer to no one, be it who it may."[40]

Later on Mary was again reproached by the lawyers with having relations with the King of Spain.

"It is not your affair," replied she, in a tone of authority. "It is not your affair to speak of matters concerning princes, and to inquire whether they have secret intelligences with each other."

"I do not blame you for this," said Burleigh; "but if the Spanish army had entered the country, could you have answered for the life of the Queen? Would not the country have been in danger of falling into the hands of strangers?"

"I do not know what were their intentions," returned the Queen, "nor am I bound to answer for them; but I am very sure that they would have done something for me, and if you had wished to employ my services I should have been able to bring about a good understanding between you and them, as I have often offered to do. You should not have refused my offers. If you destroy me you will place yourselves in danger, and will receive more harm than good. Of all that has been done by strangers I know nothing and am not responsible. I desired nothing save my own deliverance."

Unmoved by Mary's words, the lawyers redoubled their accusations. They declared again that the murder of the Queen, of her councillors and principal noblemen, had been determined upon; that the intention had been to burn down Chartley and kill the guards; that all the Catholics were to rise and place the Queen of Scots on the throne; that in Rome Mary was prayed for publicly, as legitimate Queen of England, together with other things of the same nature. To this Mary replied as follows:—

"I know nothing of any murder or attempt against any one, nor of any plot or invasion of the kingdom. As I have already said, I gave you sufficient warning to beware of some such enterprise, for I was sure that something was in preparation, though I knew not what. It was always hidden from me, as it was well known I should not consent to it, and also because they feared that it would injure me. These conspirators may have used my name to authorise their proceedings and strengthen their cause, but there is no letter written or signed by me; there is no one who has seen such a thing or received it, or who has communicated or spoken with me, and such a thing has been far from my intentions.

"You know very well," continued Mary, "that in my own kingdom I never interfered with any of the Protestants, but, on the contrary, tried to win them always by gentleness and clemency, which I carried too far, and for which I have been blamed. It has been the cause of my ruin, for my subjects became proud and haughty, and abused my clemency; indeed, they now complain that they were never so well off as under my government.

"As to Chartley, I never heard of the proposal to burn it, but my deliverance was promised. If the foreign princes were in league, it was to free me from my prison, from which I could not escape; and for the same reason they prepared armed men to receive and defend me. If the Catholics offered their aid in this matter, which I know not, it was in their own interest, as they are so wickedly treated, oppressed, and afflicted in this country that they have fallen into despair, and would as soon die as live longer under the persecution which they suffer. You gain nothing by afflicting them or me; I am but a single person. When I die the Catholics and foreign princes will continue to act, unless you cease to persecute them.

"As regards my wishing to take the place of the Queen, the very letters you have read aloud sufficiently prove the contrary. In them I expressly declare that I desire no honours or kingdom, that I do not care for them, and that I beg no enterprise of the kind may be undertaken for me; but for the Catholic cause and for God's quarrel I desire the deliverance of the first and the defence of the second. In short, you will find that I have no other desire than the overthrow of Protestantism and the deliverance of myself and the afflicted Catholics, for whom (as I have often said) I am ready to shed my blood. I shall esteem myself very happy if God gives me the grace to suffer and to endure death for His holy name and in the defence of His quarrel. If the Pope gives me the title of Queen, it is not for me to correct him. He knows what he does much better than I do.

"I thank him, all Christian people, and all Catholic nations for the prayers they daily offer for me, and I pray them to continue to do so, and to remember me in their masses. As I belong to the number of the faithful, I hope that though now deprived of the power of assisting myself, I participate in all the prayers and good works offered in the Church for all Catholics. As regards the Bull, I myself offered to prevent its execution."

Burleigh here asked her whether she had the power to do this. "But we do not care," said he, "about it in England. We make no account of the Pope, or of such like."

"If you will cease to persecute the Catholics," replied Mary, "I promise you to do much to lessen the many troubles into which you are in danger of falling."

To this Burleigh replied that "no Catholic had been punished for religion."

At this assertion the Queen protested in earnest terms against the many cruelties shown to Catholics. They were driven into exile, she said, and driven hither and thither. The prisons in England were full of them. They were charged with being guilty of treason; some because they would not obey certain of the Queen's injunctions which were contrary to their conscience, others because they would not recognise her as the head of the Church. Queen Mary also complained in general terms of the unjust way in which the present examination had been conducted, and asked that she might not be further disturbed by the unnecessary reading of letters and other documents, especially such as related to her transactions with other Christian princes, to which she declined to reply.

"If it pleases your Grace," interrupted Burleigh, "you can now withdraw; we will remain and conclude without you."

The Queen paid no attention to this remark, and the discussions proceeded. At last Egerton, the Solicitor-General, speaking for the first time, asked the Queen if she had anything more to add to her defence.

"I again demand," replied she, "to be heard in full Parliament, and to confer personally with Queen Elizabeth, who would show more regard to any other queen." Then rising from her seat[41] to depart, Mary added:—

"I am ready and willing to give pleasure and do service to the Queen, my good sister, and to employ myself for her and for the good of the kingdom in all that I can, as I love both. I protest that after all that has taken place I desire no evil to any one in this assembly, that I pardon all that you have said or done against me, and that there is not one here to whom I do not desire good, and would willingly give pleasure."

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 in departing, the greater part of them returning to their houses in the neighbourhood until the 29th instant, when, as Bourgoing informs us, "it is said they returned to London to assist at Parliament, then assembling."

Thus terminated a trial which in legal history has probably no counterpart, and regarding which the following points especially strike us: the incompetence of the English tribunals, as then constituted, to judge an independent sovereign; the refusal of counsel to the prisoner, in violation of the laws of England, and in especial of the statutes of Mary Tudor, and Elizabeth; the absence of the witnesses, whose presence in face of the accused was essential to all just procedure; the forced position of Mary, not before independent and trustworthy judges, but before Commissioners carefully chosen beforehand, and who, combining the offices of judge and jury, united in endeavouring to nullify the defence.

At Fotheringay we find the prisoner standing alone before her judges. At Westminster the witnesses appear in the absence of the accused, while at neither is a single original document produced; copies, not of written letters, but pretended copies from ciphers were admitted and believed on the faith of men whose confessions were drawn from them by fear of torture or documents forged by Philipps. Such was the evidence by which Mary was tried and condemned.