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covered her mind was not at all disordered upon the occasion. ELIZAAnd notwithstanding her keeper, sir Amias Pawlet, had stripped her of all the marks of royalty and regard, and reduced her to a vulgar figure, she received the usage with all the temper imaginable ; and having with great difficulty prevailed with him for leave to write to queen Elizabeth, she sent her a letter to this effect :
“She declares against her having any unbenevolent disposition 601. towards the queen, returns God thanks for his permission of the sentence of death; that he was pleased to put an end to her pilgrimage, and deliver her from a troublesome world. She desires she may be referred to no subject for the following requests; that the grant of these favours might come from the queen's hands, and be immediately directed by her order; for from the Puritan party, who now filled some of the principal “A Zelntis posts, she could expect nothing that was friendly. In the first Novatoriplace she desires, that, after her enemies had satisfied their Cambden, thirst with her innocent blood, her body might be carried by her servants into France ; for in Scotland the ashes of her ancestors had been insulted, and the churches either pulled down or profaned. And as for England, she could not expect a Catholic funeral there, amongst the old kings of her family: she desires, therefore, to be so disposed of that her corpse may rest at least, which the body could never do while the soul was in it. And since she had reason to suspect the barbarity of some people, she desires she might not be privately made away;
but that her servants and others might see her die; that they might be witnesses she died in the true faith of Christ, and in the communion of the Church; and that thus being in a condition to attest her last behaviour, they might silence the calumnies which her adversaries might bring upon her memory. Her third request was, that her servants might have the liberty to go where they pleased, and enjoy the legacies she had bequeathed them. She entreats the queen, by every thing that is moving and solemn, not to deny her these things: she entreats her for Christ's sake; solicits by the relation between them; by the memory of king Henry VII., their common ancestor, and by her own sovereign dignity. Afterwards she complains, that by order of some of the queen's council, all royal furniture and distinction were taken from her; and that
WHIT- she had reason to apprehend their malice would break out into Abp. Cant. something worse. To this she added, that if all her papers
which were seized had been fairly produced, and read at her trial, it would have evidently appeared, that nothing but some people's anxious solicitude for queen Elizabeth's security had
occasioned her death. And, lastly, she earnestly entreats the Cambden, queen to return her a few lines under her own hand.”
But whether queen Elizabeth received this letter, or not, is
more than Cambden can affirm. The proceed
This historian relates, that those who were unbiassed and ings against her censured judged fairly of matters, thought the queen of Scots hardly by Cambden.
used. Their reasons were, because she was an independent princess, and accountable to none but God Almighty: that nearness of blood called loudly for good usage from queen Elizabeth: that when queen Mary was driven out of her kingdom by her rebellious subjects, and had retired into England, queen Elizabeth immediately dispatched Henry Middlemore to her, and, on the word of a princess, made her large promises of friendship and protection : that notwithstanding this engagement for good usage, queen Elizabeth ordered her into custody, and violated the laws of hospitality ; that since the queen of Scots was treated no otherwise than as a prisoner surprised, it was lawful for her to disengage herself, and recover her liberty as well as she could: that since she was no subject, she could not commit treason ; for equals can have no jurisdiction upon each other: for this reason, the emperor's sentence against Robert, king of Sicily, was declared void, because Robert was no subject of the empire: that ambassadors, if they concert a plot against the princes where they reside, are privileged by their character, and not to be tried for treason; and, if so, the consequence for exemption holds still stronger for princes themselves : that to bring crowned heads to the block, and put them in the executioner's hand, was a thing without precedent. Farther, that the condemning the queen of Scots was neither justifiable by the Scriptures, or the civil law: that it was likewise a contradiction to the English constitution ; and, which is more, it clashed directly with an act of parliament made in the 13th of the present reign : by which it is enacted, “ That no person or persons shall be hereafter arraigned for any offences mentioned in this act,” (that is, for denying the
queen's title, or attempting any thing against her life,)“ unless ELIZAthe same offence or offences be proved by the testimony, deposition, and oaths, of two lawful and sufficient witnesses ; which said witnesses shall, at the time of the arraignment of such person so offending, be brought forth in person before the party so arraigned face to face, and there shall avow and openly declare all they can say against the party so arraigned, unless 13 Eliz. the said party arraigned shall willingly, without violence, con- Statutes at fess the same.'
Large. Now the benefit of this proviso was not allowed the queen of Scots at her trial : for, as Cambden goes on, there was no witness produced in court, but she was cast by the depositions of her secretaries taken in writing: but they never appeared to justify their evidence face to face, as the statute requires.
Cambden, I shall not give the reader the mortification to open the last scene of the tragedy, and write the circumstances of her death: only in general it may be said, her fortitude and devotion were very remarkable : she supported her character with all imaginable decency, and died like a Christian, and a queen.
Cambden gives her the commendation of a pious princess ; that she had an invincible greatness of mind ; that she was a very fine person, and extraordinarily qualified for the functions of government; that being forced out of her kingdom by her natural brother Murray, and other ambitious and ungrateful subjects, she took shelter in England; that she was ruined here by some Englishmen, over anxious about their religion, and their queen ; and that, on the other side, some Roman Catholics, eager to return England to the pope's obedience, pushed her upon dangerous debates. And, lastly, that she seems to have been dispatched by the mercenary evidence of Feb. 8,
1586-7. her secretaries, who were bribed into their depositions, and never brought to be confronted in the court. Thus far Cambden.
This unfortunate princess died in the forty-sixth year of her age, and the nineteenth of her imprisonment. She was buried in the choir at Peterborough cathedral, where Wickam, bishop of Lincoln, preached her funeral sermon.
About twenty years after, her son, king James, ordered her corpse to be removed to Westminster: and now she lies buried on the south side of king Henry VIIth's chapel, where the king set up a stately monument, with the following inscription :
“D. O. M. GIFT, Abp. Cant. “ Mariæ Stuartæ, Scotorum Reginæ, Franciæ Dotariæ,
Jacobi V. Scotorum Regis filiæ, et hæredis unicæ, Henrici VII. Ang. Regis ex Margareta majori natu filia, (Jacobo IV, Regi Scotorum matrimonio copulata) proneptis, Edwardi IV. Angliæ Regis ex Elizabetha filiarum natu maxima abneptis, Francisci II. Gallorum Regis conjugis, coronæ Angliæ, dum vixit, certæ et indubitatæ hæredis, et Jacobi Magnæ Britanniæ monarchæ potentissimi matris.
“Stirpe vere regia et antiquissima prognata erat, maximis totius Europæ principibus agnatione et cognatione conjuncta, et exquisitissimis animi et corporis dotibus et ornamentis cumulatissima. Verum, ut sunt variæ rerum humanarum vices, postquam annos plus minus viginti in custodia detenta, fortiter et strenue, (sed frustra) cum malevolorum obtrectationibus, timidorum suspicionibus, et inimicorum capitalium insidiis, conflictata esset ; tandem inaudito et infesto regibus exemplo, securi percutitur.
“Et contempto mundo, devicta morte, lassato carnifice, Christo Servatori animæ salutem, Jacobo filio spem regni et posteritatis, et universis cædis infaustæ spectatoribus exemplum patientiæ commendans, pie et intrepide cervicem regiam securi maledictæ subjecit, et vitæ caducæ sortem cum cælestis regni perennitate commutavit."
To proceed. The Puritans giving further provocations to the government, by practising upon their plan, they were smartly prosecuted in the High Commission court. The ecclesiastical commissioners pressed the laws very close ; but that which was most clamoured against, was the putting the oath ex officio upon them. By this oath the party was obliged to
answer all interrogatories, though never so unserviceable. Objections
There were several objections made against the justice of this against the form of inquiry. It was alleged, the tendering this oath was cio, with the contrary to the common law, and never practised by the civil defence of it. magistrate. To this it was answered, that in capital causes the
oath was not forced upon the prisoner; but where neither life nor limb were concerned, the oath was usually tendered in
| The great majority of historians are well agreed, that the treatment which Mary received from the English and Scotch, for a long succession of years, was infamous and indefensible in the extreme.
Chancery, in the council of Marches, and the council in the ELIZANorth. That there were frequent instances of such proceedings in other courts of record at Westminster, where judges have time out of mind given an oath to persons suspected of foul dealing touching any writ, return, and other matters not being capital.
It was urged, this method was contrary to the privileges of nature, and the fundamental laws of liberty ; by virtue of which, “nemo tenetur seipsum prodere," nobody is bound to discover or betray himself. To this it was replied, that “homo proditus per denunciationem, famam, &c., tenetur seipsum ostendere.” That is, when a man's misbehaviour lies altogether out of sight and notice, he is not obliged to take an oath to publish his failings ; but when his practice is in some measure reached by common report, —when he is presented or informed against,-in this case the fault cannot be said to lie concealed, and therefore the governors in Church or State ought to make use of the best expedient for a full inquiry; that by this means the whole truth may come up, the punishment be rightly proportioned, and the person more effectually reformed.
It was urged, farther, that these proceedings, ex officio, were practised only by Popish prelates against those of the Reformation. To this it was returned, that bishop Bonner and Gardiner had the oath ex officio put to them in king Edward VI.'s reign, and that the court who urged the taking this oath consisted of bishops, privy-councillors, judges, common lawyers, and civilians.
Fox, Acts Another exception was, that the Scripture, which ought to be the rule for justice, affords neither precept nor precedent fol;6513 for such proceedings. To this it was replied, that there is no edit
. single necessity for either of these authorities from Holy Writ; that there being nothing to condemn this process in the Old and New Testament, was sufficient to justify the government. However, there is somewhat of a resembling instance in the Mosaic law. For instance: when a man was found murdered in the field, the elders of the next city were solemnly to declare to the priest, and that with an appeal to God Almighty, that they were wholly unconcerned in the murder. The last objection I shall mention was, that no transmarine
7, 8. Protestant Churches managed in this arbitrary manner. To this it was replied, that even Geneva would furnish two