BOOK in the consolidation of his power, from the ill-timed exhaustion of her last means of opposing it. But during this attempt, she was enjoying her time agreeably to herself at Bolton Castle", with some intervals of vexation, that Elizabeth should make reproof a part of her admonitory correspondence.30 It was in September 1568 that the duke of Norfolk, the earl of Sussex, and sir Ralph Sadler, were appointed by the queen of England to meet the earl of Murray and other Scotch commissioners, to hear their allegations against their deposed sovereign.31 The conferences began in the next month. The first important documents produced, were the papers concerning her marriage with Bothwell, in a private communication,33 and soon afterwards the private letters to this earl, which had been found in the silver casket. But here the duke of Norfolk became treacherous to the power which employed him. 29 On 30th July the Scottish queen was merry, and hunted and passed the time daily in pleasant manner.' Lett. Knollys to Cecil, MS. Paper Off. Chalm. p. 466. 30 On receiving a rebuke letter' from Elizabeth, she fell into a great passion, crying, that she wished she had broken one of her arms rather than come into England.' Lett. 8 Aug. ib. 31 Anders. v. 4. p.3. Elizabeth's instructions follow, p.8-25. Mary named the bishop of Ross, lord Herries, and others to attend for her. ib. p. 34. 32 Norfolk's letter of 6 and 4 October, p. 25–32 33 Melville's lett. 11 Oct. p. 59. 34 Ib. p. 62. The three commissioners thus mention these documents: The said letters and ballads discover such inordinate love between her and Bothwell, her loathsomeness and abhorring of her husband that was murdered, in such sort as every good man cannot but detest and abhor the same; and these men here do constantly affirm the said letters and other writings which they produce of her own hand, to be her own hand indeed, and do offer to swear and take their oaths thereupon; the matter contained in them being such as could hardly be invented or devised by any other than by herself. For they discourse of some things which were unknown to any other than to herself and Bothwell, and it is hard to counterfeit so many?' ib. p. 62. XXIV. He began a secret intercourse with both Murray and CHAP. Liddington by separate communications: and seeking to save Mary from the effect of the letters, advised Murray with a betrayal of Elizabeth's confidence, to ask from the English queen an assurance in writing, that she would convict and give sentence if they proved their accusation, before they proceeded to substantiate the written documents against her. The duke knew that Elizabeth did not wish to give such a condemnatory verdict, on account of its future consequences: and persuaded the regent to make it the condition of his public authentication of the epistolary testimony, in order, by this manœuvre, to prevent such deciding evidence from being recorded against her.35 He also began at that time his practices for becoming her next and third husband.36 The regent made this requisition, which, as Norfolk foresaw and meant, stopped the progress of the inquiry. The queen would not so bind herself; and the matter was adjourned from York to Hampton Court. The duke now completed his treachery to his royal mistress, by the secret engagement, into We have the fullest detail of this perfidious conduct, from sir James Melville, Mem. 206-12. Being afterwards discovered, it was made a part of the charge against Norfolk, on his prosecution in 1572. See sir R. Sadler's notes upon it, in his State Papers, v. 2. p. 341-3. 36 These dealings were more fully expressed on his trial in 1572. See State Trials, v. 1. p. 91-3. Norfolk's importance at that time is thus described by Melville: The duke was then the greatest subject in Europe, for he ruled the queen and all them that were most familiar with her. He ruled the council, and two contrary factions in England, both Protestants and Papists, with the town of London and whole commons. The great men that were Papists, were all his near kinsmen, whom he entertained with great wisdom and discretion the Protestants had such proof of his godly life and conversation, that they loved him intirely.' Mem. p. 209. II. 37 BOOK which he then entered with the earl of Murray. The commissioners held their meeting at Hampton Court in December; but the privately arranged game was there publicly played. The duke of Norfolk asked for the accusation. The regent desired again the assurance of the conviction by writing and seal.' The written charge was however taken from him, and given in by the manual dexterity of a Scotch prelate, who was no party to the secret contrivance. It was in vain for the regent to demand it back again. It had been deliberately prepared and brought, and had been by one of the appointed accusers delivered in, tho contrary to Murray's intention at the moment of its presentation. The court retained it, but declared they were ready to receive any additional matter. Murray retired with vexation at the accident," which frustrated his * For our knowlege of this we are indebted to Melville, with whom and Maitland the regent advised on these private machinations. p. 208. In the meantime, the regent, finding the duke of Norfolk's counsel to be true, entered farther with him, and agreed between them, in presence of Liddington, as follows: That he [Murray] in no wise should accuse the queen; and the duke should obtain unto him her favor, with a confirmation of the regency; the duke and he to be as sworn brothers, of one religion, shooting continually at one mark, with the mutual intelligence of each other's minds; the one to rule Scotland, and the other to rule England, to the weal of both the princes and their countries.' Melv. Mem. p. 209. 38 Melv. 210. The secretary Cecil asked if they had the accusation there; 'Yes;' said Mr. John Wood (with that he plucks it out of his bosom) 'but I will not deliver it until her majesty's hand-writing and seal be delivered to my lord.' Then the bishop of Orkney seized the writing out of John Wood's hands. Let me have it; I shall present it,' said he. Master John ran after him, as if he would have it again or even his clothes. Forthwith past the bishop to the council table, and gave in the accusation.' Melv. p. 211. 40 Melv. 211. 41 The regent came forth of the council house with the tears in his eyes, and past to his lodgings at Kingston, a mile from the court, where his factious friends had enough to do to comfort him.' Melv. p. 212. On 14th Dec. Cecil wrote to Norris at Paris: The regent being here, was driven for his defence to disclose a full fardel of the 42 refining and private policy; and his conduct was 43 naughty matter tending to convict the queen as deviser of the murder, and the earl Bothwell her executor. And now the queen's party finding the burthen so great, refuse to make any answer, and press that their mistress may come in person to answer the matter herself, which is thought not fit to be granted until the great blot of the MARRIAGE WITH THE MURDERER, and the evident charges by letters of her own, be somewhat razed out.' Cab. 145. 42 The duke's conduct was then disclosed to the queen; ' for the earl of Morton caused a minister, called John Willock, to declare the dealing between the regent and the duke of Norfolk to the earl of Huntington, who caused my lord of Leicester to tell it unto the queen.' Melv. 213. Thus discovered, the duke avowed to Elizabeth, that tho for her time he would never offend, but serve and honor her, yet after her, the queen of Scotland. Albeit she liked not this language, she would not seem to find fault with it for the time.' ib. 6 43 That all the three English commissioners considered Mary not guiltless, there can be no doubt; the letter of the earl of Sussex, of 22d Oct. 1568, to Cecil, in Lodge's Illust. v. 2. p. 2, sufficiently shews his opinion. Sadler's extracts from her letters, and accompanying remarks, Stat. Pap. vol. 2. p. 237, evince his feeling; and Norfolk intimated a similar impression in his letter of 12th Oct. 1568, to earl Pembroke, If the fact shall be thought as detestable and manifest to you, as for aught we can perceive it seemeth to us here.' Anders. 4. p. 77. "The record of this comparison is thus worded: At Hampton Court, on 14th December, were produced sundry letters in French, supposed to be written by the queen of Scots' own hand to the earl Bothwell, and therewith also one long sonnet, and a promise of marriage in the name of the said queen with the said earl Bothwell. Of which letters the originals, supposed to be written with the queen's own hand, were then also presently produced, and, being read, were duly conferred and compared, for the manner of writing and fashion of orthography, with sundry other letters long since heretofore written and sent by the said queen of Scots to the queen's majesty. Next after there was produced and read a declaration of the earl Morton of the finding of the said letters, as the same was exhibited upon his oath the 9th December; in collation whereof no difference was found. Of all which letters and writings the true copies are contained in the memorial of the acts of the sessions of the 7th and 8th of December.' Anders. 4. p. 173. The same day were read the examinations of Hay, СНАР. II. BOOK The queen's commissioners then shrunk from the inquiry; declined to answer, and refused to have any further conference; but pressed for the queen to admit Mary to her presence, to answer for herself.45 Elizabeth refused such a visit, until the accusing allegations were disproved." The Scottish lady's friends repeated their arraignment of her accusers, as being partners in the guilt," and the conferences at last closed; and Elizabeth expressed her sentiments on the result in a letter to Mary, stating that she had suspended the judgment, but urging her to answer the degrading charge. As 48 Hepburn, and Dalgleish, who had been executed for the murder, and the confession of Crawfurd, which confirm an incident mentioned in one of the letters The extracts of these letters, published by sir Walter Scott, in the second volume of his Sadler's State Papers, being the notes taken by sir R. Sadler at the time they were read, are of importance, as they tend to shew, by their conformity, that Buchanan has printed the real matter of the original letters thus produced. 45 The conduct of Mary's commissioners after Morton had sworn to the capture of the letters, and Nelson to his deposition before the lords. has been justly felt to he unfavorable to her. They refused any more conference;' Ander. 4. p. 171; Goodall, 2. p. 247; but proceeded to accuse the earl Murray and his colleagues. And. ib.; Goodall, p. 248. When the English lords met again, after the letters had been compared with her other letters to Elizabeth, on 15 December, it is recorded that the queen of Scots' commissioners being made privy of this the accusation of her, have forborne to answer the same, and refused also to have any further conference in this matter, pressing only to have her come to the presence of the queen, to make her answer, and otherwise to make no answer at all.' ib. 46 It was then declared on the part of Elizabeth, that the crimes wherewith she hath been by common fame burthened, being by many vehement allegations and presumptions upon things now produced made more apparent, she cannot, without manifest blemish of her own honor, in the sight of the world, agree to have the same queen come into her presence, until the said horrible crimes may be by some just and reasonable answer avoided and removed from her.' And. 178. Good. 259. 47 On 25 Dec. the bishop of Ross, lord Herries, and the abbot of Kilwining declared that they themselves, who did accuse her, were the authors and inventers, and some of them executors of the murder.' Good. p. 282. At Carberry Hill she had charged this on Morton. 48 In this, dated 21 Dec. 1568, the queen writes: As we have been very sorry of long time for your mishaps and great troubles, so we find . |