'fault God took the kingdom from Saul. Ahab pardoned CHAP XXII 1572 May CHAP XXII 1572 May 'thousands of bodies and souls of good and faithful 'subjects, might justly be termed crudelis misericordia.' So spoke the English Bishops, conveying in the language of the day the conviction of the soundest understandings; yet Elizabeth's reluctance to allow a bill of attainder to be proceeded with, was not removed by their arguments, and she was possibly provoked by their interference. Her answer has not been preserved, but it was so little satisfactory that Burghley became dangerously ill with anxiety. The great minister would yield neither to objections nor to sickness. He could not stand, but he was carried in his litter to Parliament. He was carried in his litter to the Queen's presence. He strained every nerve to move her; but he still failed.1 The Commons had expressed impatience that Norfolk was left unpunished. Leicester informed Walsingham that he saw no likelihood of the Duke's execution.2 Profoundly depressed, Burghley nevertheless held on in his course. If he could not prevail upon the Queen by persuasion, he could maintain the pressure of the Parliament upon her. The success of the French treaty, the future policy of the French Government, depended on the energy to which Elizabeth could be roused. 1 'The Commons are sound throughout, and in the Lords there is no lack; but in the Highest person such slowness and such stay in resolution as it seemeth God is not pleased that the surety shall succeed. With this and such like I am overthrown in heart. I have no spark of good spirits left in me to nourish health in my body, so as now I am forced to be carried into the Parliament House and to her Majesty's presence. To lament openly is to give more comfort to our adversaries. I see no end of our miseries. The fault is not with us, yet it must be so imputed for saving the honour of the Highest.'-Burghley to Walsingham, May 21. DIGGES. 2 'Great suit is made by the Nether House to have execution of the Duke, but I see no likelihood.'-Leicester to Walsingham, May 21. Ibid. Neither Charles nor Catherine would risk the chances of a European war by the side of a woman whose life at best was all they had to trust to, and whose purposes seemed variable as the wind. The agitation of the House of Commons continued, and the Queen at length was forced in some degree to give way. She persisted still that the Bill of Attainder should be dropped; she said she could not put to death the bird that had flown to her for succour from the hawk;' but she sent the Commons word that she would not resist a measure of inferior severity. The answer did not satisfy them. While the Queen of Scots lived no Succession Bill would make her a single degree less formidable. They continued to insist upon hard measures; and on the morning of the 28th of May a message came from the Palace that the Queen would receive a deputation from the two Houses and hear what they had to say. Court and Parliament were early in their habits, and at eight o'clock the Joint Committee which had recommended the attainder were in Elizabeth's presence. They said briefly that God had given them a Sovereign with whose administration they were generally satisfied, and that they did not desire to lose her. The Lady Mary Stuart, a Queen of late times, but through her own acts justly deprived of that dignity, had taken refuge in her Majesty's dominions, her Majesty having once already saved her from certain penalties which 'by her horrible doings' she had entirely deserved. Her Majesty might have legitimately proceeded against her for past attempts upon her crown. Instead of doing so she had befriended and protected her, and the unnatural lady had rewarded her hospitality by fresh conspiracies. Her Majesty considered that she CHAP XXII 1572 May CHAP XXII 1572 June would be sufficiently punished if she was declared unworthy of a place in the succession, and if it was understood that should the Queen of Scots conspire again, 'she should suffer death without further trouble of Parliament.' The Committee said that for themselves they believed any such measure would be found entirely inadequate. To disable the Queen of Scots from the succession would indirectly be an admission of her right, and so far from discouraging either her or her friends, it would make them only more desperate and determined. Experience of Mary Stuart's character had proved that she neither respected law nor feared danger. Threats would not work upon her. She wanted neither wit nor cunning, and 'many would venture deep to win a kingdom.' Her Majesty was supposed to fear the opinion of foreign princes. It was no wise anxiety to think so much of her honour as to lose state, life, and honour also; and should the Queen of Scots escape, foreign princes would only think that she had been culpably weak. Her adversaries would consider it a miracle, and no heavier blow could possibly be dealt to the cause of Christ in Europe. The Committee therefore entreated her Majesty 'to deal rather certainly than by chance.' Merely to disable the Queen of Scots would be more beneficial to her than injurious, and would be dangerous in many ways to the commonwealth. A king in another king's realm was a private person, a king deposed was no king, and the dignity of the offender increased the offence. 'Justice and equity were to be preferred before private affections;' 'and to spare offenders in the highest degree was an injury to the Prince and the realm.'1 1 Journals of Parliament, 14 Elizabeth.-D'EwES, XXII 1572 June The Queen, whatever may have been her private CHAP impatience, was too prudent to reply, as she had replied before on other subjects to the representatives of the people. She admitted that the course which the Committee recommended was 'the best and surest way.' She was perfectly aware that so long as the Queen of Scots lived, she would never herself be secure; yet partly from weakness, partly from the peculiar tenderness which from first to last had characterised her dealings with her cousin, partly, it may be, from an instinctive foresight of the hard construction of posterity, she shrank from granting what she could no longer positively refuse. She thanked the Houses for their care for her safety. She asked them only to 'defer their proceedings' for a time, and pass the less extreme measure meanwhile. The Law Officers of the Crown, she said, could contrive means of evading the particular difficulty which the Committee had raised. However carefully expressed, the meaning of this was but too obvious. The bosom serpent' was still to be shielded from justice, and the Catholics abroad and at home were to construe Elizabeth's infirmity into fear, or into blindness inflicted upon her by Providence. There was no present remedy: the Queen of Scots was safe; but the same plea could not be urged in defence of the companion of her treasons. The Duke of Norfolk was no anointed prince whose sanctity might not be violated, and the suspense with him too had been set down to miracle. Their first request being evaded, the Lords and Commons were the more determined that their second should be granted; and they petitioned in form that the Duke should be executed without further delay. On this point, with the deepest reluctance, Elizabeth |