1807.] Belsham’s Comparison between Robertson and Hume. 497 
far from declining the judgment of men, 
I shall not even pray for thé mercy of 
God.” P. 48. 
The commissioners adjourned to ‘the 
Star-cliamber. “ When assembled in 
that place, Nau and Curle were brought 
into court, and confirmed their former de- 
claration upon oath: and after reviewing 
all their proceedings, tle commissioners 
unanimously declared Mary to be acces« 
sary to Babington’s conspiracy, and to 
have imagined diverse matters tending to 
the hurt, death, and destruction of Eliza- 
beth, contrary to the express words of the 
statute made for the security of the queen’s 
life.” 
“ Tt isno easy matter (says the Scottish 
historian) to determine whether the in- 
justice in appointing this trial, or the ir- 
regularity in conducting it, were greatest 
and most flagrant. By what right did 
Elizabeth claim authority over an inde- 
pendent queen? Was Mary bound to 
comply with the laws of a foreign king- 
dom? Ilow could the subjects of ano- 
ther prince become her judges? Or, if 
such an insult on royalty were allowed, 
ought not the common forms of justice 
to have been observed? If the testi- 
mony of Babington and his associates 
were so explicit, why did not Elizabeth 
spare them for a few weeks, and, by con- 
fronting them with Mary, overwhelm her 
with the full.conviction of her crimes? ° 
Nau and Curle were both alive, where- 
fore did not they appear at Fotheringay ; 
and for what reason were they produced 
in the Star-chamber, where Mary was not 
present to hear what they deposed? Was 
this suspicious evidence enough to con- 
demn a queen? Ought the meanest cri- 
minal to have been found guilty upon 
such feeble and inconclusivé proofs? It 
was not, however, on the evidence pro- 
duced at her trial, that the sentence 
against Mary was founded. That served 
as a pretence to justify, but was not the 
cause of the violent steps taken by Eliza- 
heth and her ministers towards her de- 
struction; and was employed to give 
some appearance of justice to what was 
the offspring of jealousy and fear. The 
nation, blinded with resentment against 
“Mary, and solicitous to secure the life of 
its own sovereign from every danger, ob- 
served ‘no irregularities in the proceed- 
ings, and attended to no defects in the 
proof; but grasped at the suspicions and 
probabilities as if they had been irrefra- 
gable demonstrations.” P. 48-49,—Such 
are the sentiments, and such the reflec- 
Montury Mac., No. 164, 
tions, of the eloquent historian of Mary, 
on this important and teresting topic. 
The representation of Mr. Hume re- 
specting this transaction, will be found 
altogether different:— Babington and 
his associates (says this justly celebrated | 
writer), having laid such a plan as: they 
thought promised infallible success, were 
impatient to communicate the design to 
the queen of Scots, and to obtain her 
approbation and concurrence.”—After 
describing the method which they adopt 
ed for establishing a correspondence with 
the queen, he thus proceeds: —“ Babing- 
ton informed Mary of the design laid fer 
a foreign invasion, the plan of an insur- 
rection at home, the scheme for her des 
liverance, and the conspiracy for assassi- 
nating the usurper by six noble gentlemen, 
as he termed them, all of them his private 
friends, who,from the zeal which they bore 
to the Catholic cause, and her majesty’s 
service, would undertake the tragical ex- 
ecution. Mary replied, ‘ That she ap- 
proved highly of the design; that the . 
gentlemen might expect all the rewards 
which it should ever be in her power to 
confer; and that the death of Elizabeth 
was a necessary circumstance before any 
attempts were made either for her own 
deliverance, or en insurrection.’ These 
letters, with others to Mendoza, Charles 
Paget, the Archbishop of Glasgow, and 
Sir Francis Inglefield, were carried by 
Gifford to Secretary Walsingham; were 
decyphered by the art of Philips, : bis 
clerk, and copies taken of them.” Vol.’v. 
Pp. 206-8001 
The conspiracy being thus discovered, 
the leaders were apprehended, and thrown 
into prison, “* In their examinations 
they contradicted each other; and the 
leaders were obliged to make a full con- 
fession of the trath. Fourteen were con- 
demned, and executed, of whom seven 
acknowledged the crime on their trial; 
the rest were convicted by evidence. The 
lesser conspirators being dispatched, mea- 
sures were taken for the trial and con=_ 
viction of the Queen of Scots, on yvhose 
account, and with whose concurrence, 
these attempts, had been made against 
the life of the queen, and the tranquillity 
of the kingdom.” P. 290, 
“« Her two secretaries, Nau, a French- 
man, and Curle, a Scot, were immedi- 
ately arrested. All her papers were 
seized, and sent up to thecouncil. Above 
sixty different keys to cyphers were dis- 
covered.” P. 291.—The trial having 
commenced at the Castle of Foiheringay, 
3K Sa “S ihte 
