On This Day in Elizabethan History: Queen Elizabeth Signs the Execution Warrant of Mary Stuart

Queen Elizabeth I's signature and seal from Mary Stuart's warrant for execution. Image Marilee Cody.

On this day in Elizabethan history in 1587, Queen Elizabeth I reluctantly signed the execution warrant of her cousin, Mary Stuart, the former Queen of Scotland. She could no longer ignore her cousin's plots and schemes now that she had been convicted of treason. Though Elizabethacknowledged her cousin's guilt when she signed her name to the warrant, she gave strict instructions that the execution was not to be carried out without her express permission. There was an understanding between the monarchies of Europe that anointed sovereigns were not to be subject to the laws of one another; they were only expected to answer to God. Politically, the execution of Mary Stuart would set a dangerous legal precedent. And personally, for Elizabeth it would be a traumatic reminder of the death of her own mother. Henry VIII had executed Anne Boleyn who, not royal by birth, had been raised up from her status as a subject by being anointed and crowned Queen of England. Elizabeth loathed the idea of causing the death of a queen.

The evidence against Mary and the legality of the subsequent trial proceedings is still a subject that is hotly debated by 16th century historians. Whether or not you believe that she was "entrapped" by Walsingham and his men, it cannot be denied that Mary did, in fact, send correspondence to Anthony Babington which agreed to his sinister plan, and even offered her suggestions and personal messages of support.  It should be mentioned here that Mary’s conspiracies against Elizabeth and England date back farther than the Babington plot itself, which is one of the reasons why Elizabeth denied her asylum in England.

The cipher code of Mary, Queen of Scots from the Babington plot letters. Image via the UK National Archives. Image public domain.

But, the question of whether an anointed sovereign can be tried, convicted, and executed in a foreign land is a much more difficult thing to determine. Mary had foolishly entered England despite Queen Elizabeth telling her not to cross the border, and therefore she was technically trespassing. The way I see it, Queen Elizabeth’s hand was forced in the matter, (and admittedly, the impulsive and problematic Mary had conveniently delivered herself to Elizabeth on a silver platter) and she then had to detain Mary in England and keep her under surveillance for national security reasons. Mary had entered England willingly, thus putting herself under English law. 

A photo of one of the many pieces of embroidery completed by Mary, Queen of Scots during her captivity. Image Marilee Cody.

From careful analysis of the contemporary evidence, investigations into the related conspiracy theories, and debates with fellow historians and academics, I have come to the conclusion that Mary Stuart was indeed guilty of conspiring with Babington and his men to have Queen Elizabeth I killed, place herself on the throne with the help of a Spanish army, and restore Protestant England to the Roman papacy.

Elizabeth's council knew how dangerous Mary was not just as a traitor, but as a symbol, a figurehead for all Catholic rebellion in England. They were also incredibly frustrated at Queen Elizabeth’s in-action, even now that the warrant was signed. Queen Elizabeth was an expert at procrastination to force political change and to gain support, but her apprehension over the execution of her cousin was something else entirely. The council so desperately wanted Mary dead that they defied their sovereign’s wishes and agreed to endure her inevitable wrath together, all co-signing the legal documents that brought about the former Queen of Scotland’s end. Mary was privately executed on February 8th at Fotheringay Castle. Once it had been done, Queen Elizabeth was informed. She was first beside herself with grief and anguish, and the contemporary sources as well as the nature of Elizabeth’s complicated relationship with her cousin suggest that this reaction was genuine. She then became vengeful, throwing William Davison, the privy councillor who had taken defied Elizabeth's wishes by processing the warrant, in the Tower of London. That being said, Queen Elizabeth was a political genius, and it is entirely possible that the death warrant being processed without her knowledge was her plan all along. In orchestrating the execution in an indirect way, she would not have to take responsibility for the act, much like Henry II’s knights dealt with Thomas a’Becket for him when he cried out for someone to rid him of that “wretched priest”. Our strongest piece of evidence for this theory is that Mr. Davison, after cooling his heels in the Tower, was released. If this was, in fact Elizabeth’s idea all along, her grief over causing the death of her cousin should still be interpreted as genuine.

Elizabethan Privy Council manuscript concerning Mary, Queen of Scots that went up for auction recently. Photo via Paul Fraser Collectibles.

The execution of Mary Stuart provided an acceptable catalyst for Phillip II of Spain to invade England in 1588.

On this Day in Elizabethan History: The Execution of Robert Devereux, 2nd Earl of Essex

On this day in Elizabethan history, February 25th, 1601, Robert Devereux, the Earl of Essex was executed for high treason. While Essex's Rebellion was the brash act which was to seal the fate of Queen Elizabeth's last great favorite, Essex's downfall had been a long time in the making.

A portrait of Robert Devereux, the Earl of Essex, painted between 1590-96 by Marcus Gheeraerts. Picture acquired through Wikimedia Commons. Image public domain.

 Essex had flirted and teased with the queen until she had agreed to put him in charge of a military expedition in Ireland in 1599. Queen Elizabeth hoped that the Earl, who was often a lot of talk with very little to back up his claims of worth, could use this opportunity to prove himself to her, but especially to her court, who had an increasingly low opinion of him. Essex was confident that he could conquer a territory that had been the great undoing of so many Englishmen before him. Being in charge of any campaign in Ireland was a thankless job, and many courtiers tried to avoid having to go there at all costs. Those who were appointed to certain offices in Ireland by the queen often exhausted all efforts to get out of it!

No amount of planning could prepare Essex for an Irish uprising that was so large and so damaging to the English that it was unprecedented in recent history. None the less, Essex probably could have suppressed the rebellion had he done what he had been expected to do: take his army straight to Ulster to confront the Earl of Tyrone. But instead, Essex chose to blaze his own trail, taking his men through Munster where they were ambushed by the Irish. Essex disregarded the fact that he was not a free agent and that he was sent on his mission because Queen Elizabeth had good faith in him; He made an impulsive decision that he was not authorized to make without prior approval of the crown, calling a truce with the Irish.

Elizabeth had been kept up to date on Essex's escapades in Ireland, and she was outraged at every twist and turn in the story. Essex and Tyrone actually forged some sort of a friendship, and when Essex abandoned his army and returned to court without the queen officially recalling him to her side, (a grave offence) he had the audacity to petition his benefactress on the Earl of Tyrone's behalf! This was the final straw for Elizabeth, who reprimanded him severely and had him forced into exile in within the boundaries of her realm. She did not want to look at him, nor did she want him to enjoy himself, gallivanting about with his friends.

Another portrait of Robert Devereux, the 2nd Earl of Essex. Picture acquired though Wikimedia Commons. Image public domain.

During Queen Elizabeth and Essex's separation, more intelligence began to get back to the queen on her favorite's misdeeds. It was clear to her that she could no longer protect and defend the Earl, and he was put on trial in June of 1600. Essex was tried by his peers, and while he was not at this time convicted of any serious crime, he was dismissed of his offices and sentenced to be held under house arrest. This was an unfathomable punishment for a man who relished the spotlight, and Essex began scheming almost immediately to change his fortunes. While Essex was lucky enough to be released from his gilded cage just two months later, he tried to push his luck by attempting to win back the queen, but she refused to associate with him any more. Essex became increasingly paranoid and aggressive, and somehow he deluded himself into believing that Robert Cecil, whom he had long hated, and certain members of the previous council were poisoning Queen Elizabeth's mind against him. Essex concocted a plan to use military force against the government to remove these parties that he deemed offensive.

The Kitchner Portrait of Elizabeth I, 1580. Picture acquired through Wikimedia Commons. Image public domain.


Contemporaries outside of Essex's circle of sycophants and modern scholars can agree that Essex's allegations had no bearing; these were the rants of a madman nursing his wounded pride. And as I have explained in previous articles, everyone who knew Queen Elizabeth, especially those members of her inner circle, knew that no one persuaded to the queen to do anything against her own will. Queen Elizabeth was a pragmatist and a master politician, who heard endless points of view and deliberated for months, sometimes years before ever making a decision. No man could influence her without her permitting it.


The Hardwick Portrait of Elizabeth I, 1592. 


Essex must have learned nothing from the Duke of Norfolk when he conspired with the Scots to enact a coup d'etat. Essex contacted King James VI and his friend Lord Mountjoy in the hopes that they would support his uprising.

A portrait of Sir Charles Blount, 8th Baron Mountjoy c.1594, by an unknown artist. Mountjoy is sporting the fashionable "peascod" style doublet, which gives the optical illusion of a trim waistline! Picture acquired through Wikimedia Commons. Image public domain.

The Scottish king wisely declined, so Essex's only real comrades were his cronies, who did not have the military power or political leverage to contribute anything critical to his cause, with the exception of his friend (and Shakespeare patron) Henry Wriothesley, the Earl of Southampton. Essex and Southampton and a few supporters stormed London unsuccessfully-even the street people of London knew Essex's crusade against the queen was ill-advised. The rebels were captured and sent to the Tower.

An portrait of Essex's co-conspirator Henry Wriothesley, Earl of Southampton, from1603. By John de Critz. This portrait of Southampton imprisoned in the Tower is filled with allegory and symbolism. Picture acquired through Wikimedia Commons. Image public domain.

Essex was tried for treason. Some of his former associates, like the Lord High Admiral Charles Howard, with whom he had attacked the Spanish base at Cadiz, passed judgement on him. Queen Elizabeth had suffered the ultimate betrayal at the hands of Essex-the betrayal of a friend. She did not deliberate for long, before she signed his death warrant.

A detail from a portrait of Lord High Admiral Charles Howard. Picture acquired through Wikimedia Commons. Image public domain.

Robert Devereux, son of Walter Devereux and the queen's cousin, Lettice Knollys, was beheaded in 1601. Southampton would survive in the Tower long enough to see the light of day again when King James VI of Scotland became James I of England as Elizabeth's successor. The Earl of Essex's son with his wife, Frances Walsingham, was disinherited, but his rights were later restored by James I; He became the 3rd Earl of Essex.

A detail of a portrait of Frances Walsingham, Countess of Essex, and her son Robert, from 1594. By Robert Peake. Frances was the daughter of Queen Elizabeth I's spymaster, Sir Francis Walsingham, and the resemblance between the two is uncanny around the eyes. Little Robert later became 3rd Earl of Essex. Picture acquired through Wikimedia Commons. Image public domain.

The Earl of Essex truly embodied the notion "pride cometh before a fall", and although he was the queen's last great favorite, they were not intimates as she and his stepfather Robert Dudley, the Earl of Leicester had been. Theirs was a connection of folly and flirtation, not long talks and shared minds. Sadly, Essex's only legacy is his betrayal of England's most beloved queen.