The Tragedy of Fotheringay: Founded on the journal of D. Bourgoing, physician to Mary Queen of Scots, and on unpublished ms. documentsMaxwell-Scott, Mary Monica
General
The Tragedy of Fotheringay: Founded on the journal of D. Bourgoing, physician to Mary Queen of Scots, and on unpublished ms. documents
Maxwell-Scott, Mary Monica
Mary, Queen of Scots, 1542-1587 -- Death and burial
"If your Majesty," retorted one of the lords, "was reigning
peacefully in your own kingdom, and some one were to conspire against
you, would you not proceed against him, were he the greatest king in
the world?"
"Never," replied Mary, "never would I act in such a manner; however,
I see well that you have already condemned me--all you do now is
merely for form's sake. I do not value my life, but I strive for the
preservation of my own honour, and the honour of my relatives and of
the Church. You frame laws according to your own wishes," continued
the Queen; "and as in former days the English refused to recognise
the _salique_ law in France, so I do not feel bound to submit to
your laws. If you wish to proceed according to the common law of
England, you must produce examples and precedents. If you follow the
canon law, those only who framed it can interpret it. Roman Catholics
alone have the right to explain and apply it." To this Burleigh
replied that the canon law was used ordinarily in England, especially
regarding marriages and kindred matters, but not in what touched
the authority of the Pope, which they neither desired nor approved.
"In consequence then," continued Mary, "you cannot avail yourselves
of the privilege of him whose authority you deny. The Pope and his
delegates alone can interpret the canon law, and I know of no one in
England who has received this authority from the sovereign pontiff.
As for the civil laws, they were made by the Catholic Emperors of
old, or in any case, sanctioned by them; and these laws can only
be applied by such as approve their authors, and would wish to
imitate them. As these laws were often obscure and difficult, and
people wished to interpret them, each according to his own idea,
universities were established in Italy, France, and Spain. Here in
England, where none such exist, you do not possess the knowledge of
the true spirit and interpretation of these laws, but you interpret
them according to your own wishes, and in such a way as to serve the
law, and the police law of your country. If you wish to try me by the
true civil law, I demand that some members of the universities be
allowed to judge my case, so that I may not be left to the judgment
of such lawyers as are subservient to the laws of England alone. But
I see that you wish to prevent me from benefiting either by the canon
or the civil law. You wish to reduce me to subject myself to the law
of this country; but," continued the Queen earnestly, "I have no
knowledge of this law. It is not my profession, and you have taken
from me all power of studying it. Kings and princes usually have
around them such persons as are versed in these matters, but I have
no one. I therefore beg you to give me information in order that I
may know how those in my position have been treated in the time past,
and what has been admitted by law or precedent, either favourable to
my case or not."
Public-domain text, read in full here on John Shaqi.
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