Letter III. (or VIII.) which, as we shall show, fits into no _known_ part

of Mary’s relations with Bothwell. Another contract, said to be in Huntly’s hand, and dated April 5, was next exhibited. Papers as to Bothwell’s Trial were shown, and those for his divorce. The Glasgow Letter I. (which in sequence of time ought to be II.) was displayed in French, and then Letter II.[310] _Neither letter is stated to have been copied in French from the French original_, and we have no copies of the original French, which, however, certainly existed. Next day (December 8) Moray produced seven other French writings ‘in the lyk Romain hand,’ which seven writings, ‘_being copied_, weare red in Frenche, and a due collation made thereof as neare as could be by reading and inspection, and made to accord with the originals, which the said Erle of Murray required to be redelivered, and did thereupon deliver the copies being collationd, the tenours of which vii wrytinges hereafter follow in ordre, _the first being in manner of a sonnett_, “O Dieux ayez de moy etc.”’ Apparently all the sonnets here count as one piece, the other six papers being the Casket Letters III.-VIII.

No French contemporary copies of Letters I. II. have been discovered, as in the cases of III. IV. V. VI. It is notable that while the sonnets, and Letters III. IV. V. VI. VII. VIII. are said to have been copied from the French, this is not said of Letters I. and II. The English versions of I. and II. have been collated with the French, whether in copies or the originals. Perhaps no French copies of these have been found, because no copies were ever made: the absence of the copies in French is deplorable.

The next things were the depositions (not the dying confessions, which implicated some of the Lords) of Tala, Bowton, Powrie, and Dalgleish, and other legal documents. It does not appear that Mary’s warrant for the signing of the Ainslie band, though exhibited at York, was again produced.[311] On the 9th the Commissioners read the Casket Papers ‘duly translated into English.’ They had been translated throughout the night, probably, and very ill translated they were, to judge by the extant copies.[312] Several of the copies are endorsed _in Scots_. Lesley now put in a revised and amended copy of his Protest of December 6. Morton put in a written copy of his Declaration as to the finding of the Casket, and swore to its truth.[313]

Morton’s tale is that, as he was dining with Lethington in Edinburgh, on June 19, 1567, four days after Mary’s surrender at Carberry, ‘a certain man’ secretly informed him that Hepburn, Parson of Auldhamstokes, John Cockburn, brother of Mary’s adherent, Cockburn of Skirling, and George Dalgleish, a valet of Bothwell’s (and witness, at his divorce, to his adultery), had entered the Castle, then held by Sir James Balfour, who probably betrayed them. Morton sent Archibald Douglas (the blackest traitor of the age) and two other retainers to seize the men. Robert Douglas, brother of Archibald, caught Dalgleish in the Potter Row, not far from the Kirk o’ Field Gate, with charters of Bothwell’s lands. Being carried before Morton, Dalgleish denied that he had any other charge: he was detained, and, on June 20, placed in the Tolbooth. Being put into some torture engine, he asked leave to go with Robert Douglas to the Potter Row, where he revealed the Casket. It was carried to Morton at 8 o’clock at night, and, next day, June 21, was broken open, ‘in presence of Atholl, Mar, Glencairn, Morton, Home, Semple, Sanquhar, the Master of Graham, Lethington, Tullibardine, and Archibald Douglas.’ The Letters were inspected (_sichtit_) and delivered over to Morton, who had in no respect altered, added to, or subtracted from them.

True or false, and it is probably true, the list of persons present adds nothing to the credibility of Morton’s account. The Commissioners of Mary had withdrawn; there could not be, and there was not, any cross-examination of the men named in Morton’s list, as witnesses of the opening of the Casket. Lethington alone, of these, was now present, if indeed he appeared at this sitting, and _his_ emotions may be imagined! The rest might learn, later, that they had been named, from Lethington, after he joined Mary’s cause, but it is highly improbable that Lethington wanted to stir this matter again, or gave any information to Home (who was with him in the long siege of the Castle). Sanquhar and Tullibardine, cited by Morton, signed the band for delivering Mary from Loch Leven; so much effect had the ‘sichting’ of the Casket Letters on _them_. The story of Morton is probably true, so far: certainly the Lords, about June 21, got the Casket, whatever its contents then were. But that the contents remained unadded to and unimpaired, and unaltered, is only attested by Morton’s oath, and by the necessary silence of Lethington, who, of all those at Westminster, alone was present at the ‘sichting,’ on June 21, 1567. But Lethington dared not speak, even if he dared to be present. If any minute was made of the meeting of June 21, if any inventory of the documents in the Casket was then compiled, Morton produced neither of these indispensable corroborations at Westminster. His peril was perhaps as great as Lethington’s, but he was of a different temperament.

The case of the Prosecution is full of examples of such unscientific handling by the cautious Scots, as the omission of minutes of June 21.

Next, on December 9, a written statement by Darnley’s servant, Nelson, who survived the explosion, was sworn to by the man himself. His evidence chiefly bore on the possession of the Keys of Kirk o’ Field by Mary’s servants, and her economy in using a door for a cover of the ‘bath-vat,’ and in removing a black velvet bed. We have dealt with it already (p. 133).

Next was put in Crawford’s deposition as to his conversations with Darnley at Glasgow. This was intended to corroborate Letter II., but, as shall later be shown, it produces the opposite effect.[314] At an unknown date, Cecil received the Itinerary of Mary during the period under examination, which is called ‘Cecil’s Journal,’ and is so drawn up as to destroy Moray’s case, if we accept its chronology. We know not on what authority it was compiled, but Lennox, on June 11, had asked his retainers to ascertain some of the dates contained in this ‘Journal.’

On December 14[315] Elizabeth added Northumberland and Westmorland to her Commissioners. They not long after rose in arms for Mary’s cause. Shrewsbury, Huntingdon, Worcester, and Warwick also met, at Hampton Court. They were to be made to understand the case, and were told to keep it secret. Among the other documents, on December 14, the _originals_ of the Casket Letters ‘being redd, were duly conferred and compared for the manner of writing and fashion of orthography, with sundry other letters, long time heretofore written and sent by the said Quene of Scots to the Quene’s majesty. And next after, there was produced and redd a declaration of the Erle of Morton of the manner of the finding of the said lettres, as the same was exhibited upon his othe, the ix of December. In collation whereof’ (of _what_?) ‘no difference was found. Of all which letters and writings, the true copies are contained in the memorialls of the actes of the sessions of the 7 and 8 of December.’ Apparently the ‘collation’ is intended to refer to the comparison of the Casket Letters with those of Mary to Elizabeth. Mr. Froude runs the collation into the sentence preceding that about Morton, in one quotation.

The confessions of Tala, Bowton, and Dalgleish were also read, and, ‘as night approached’ (about 3.30 P.M.), the proceedings ended.[316]

The whole voluminous proceedings at York and Westminster were read through: the ‘Book of Articles’ seems to have been read, _after_ the Casket Letters were read, but this was not the case. On a brief December day, the Council had work enough, and yet Mr. Froude writes that the Casket Letters ‘were examined long and minutely by each and every of the Lords who were present.’[317] We hear of no other examination of the handwriting than this: which, as every one can see, from the amount of other work, and the brevity of daylight, must have been very rapid and perfunctory.

There happens to be a recent case in which the reputation of a celebrated lady depended on a question of handwriting. Madame Blavatsky was accused of having forged the letters, from a mysterious being named Koot Hoomi, which were wont to drift out of metetherial space into the common atmosphere of drawing-rooms. A number of Koot Hoomi’s _later_ epistles, with others by Madame Blavatsky, were submitted to Mr. Netherclift, the expert, and to Mr. Sims of the British Museum. Neither expert thought that Madame Blavatsky had written the letters attributed to Koot Hoomi. But Dr. Richard Hodgson and Mrs. Sidgwick procured earlier letters by Koot Hoomi and Madame Blavatsky. They found that, in 1878, and 1879, the letter _d_, as written in English, occurred 210 times as against the German _d_, 805 times. But in Madame Blavatsky’s earlier hand the English _d_ occurred but 15 times, to 2,200 of the German _d_. The lady had, in this and other respects, altered her writing, which therefore varied more and more from the hand of Koot Hoomi. Mr. Netherclift and Mr. Sims yielded to this and other proofs: and a cold world is fairly well convinced that Koot Hoomi did not write his letters. They were written by Madame Blavatsky.[318]

The process of counting thousands of isolated characters, and comparing them, was decidedly not undertaken in the hurried assembly on that short winter day at Hampton Court, when the letters ‘were long and minutely examined by each and every of the Lords who were present,’ as Mr. Froude says. On the following day (December 15) the ‘Book of Articles’ was read aloud; though the minute of December 14 would lead us to infer that it was read on that day. The minute states that ‘there was produced a writing in manner of Articles ... but, before these were read,’ the Casket Letters were studied. One would imagine that the ‘Book of Articles’ was read on the same day, after the Casket Letters had been perused. The deposition of Powrie, the Casket contracts, and other papers followed, and then another deposition of Crawford, which had been put in on December 13.

This deposition is in the Lennox MSS. in the long paper containing the description of the mysterious impossible Letter, which Moray also described, to de Silva. Crawford now swore that Bowton and Tala, ‘at the hour of their death,’ confessed, to him, that Mary would never let Bothwell rest till he slew Darnley. Oddly enough, even Buchanan, or whoever gives the dying confessions of these men, in the ‘Detection,’ says nothing about their special confession to Crawford.[319] The object of Crawford’s account appears clearly from what the contemporaries, for instance the ‘Diurnal,’ tell us about the public belief that the confession ‘fell out in Mary’s favour.’

Hepburne, Daglace, Peuory, to John Hey, mad up the nesse, Which fowre when they weare put to death the treason did confesse; And sayd that Murray, Moreton to, with others of ther rowte Were guyltie of the murder vyl though nowe they loke full stowte. Yet some perchaunce doo thinke that I speake for affection heare, Though I would so, thre thousan can hearin trew witness beare Who present weare as well as I at thexecution tyme & hard how these in conscience pricte confessed who did the cryme.[320]

A number of Acts and other public papers were then read; ‘the whole lying altogether on the council table, were one after another showed, rather “by hap” as they lay on the table than by any choice of their natures, as it might had there been time.’ Mr. Henderson argues, as against Hosack, Schiern, and Skelton, that this phrase applies only to the proceedings of December 15, not to the examination of the Casket Letters. This seems more probable, though it might be argued, from the prolepsis about reading the ‘Book of Articles’ on the 14th, that the minutes of both days were written together, on the second day, and that the hugger-mugger described applies to the work of both days. This is unimportant; every one must see that the examination of handwriting was too hasty to be critical.

The assembled nobles were then told that Elizabeth did not think she _could_ let Mary ‘come into her presence,’ while unpurged of all these horrible crimes. The Earls all agreed that her Majesty’s delicacy of feeling, ‘as the case now did stand,’ was worthy of her, and so ended the farce.[321]

Mr. Froude, on the authority (apparently) of a Simancas MS., tells us that ‘at first only four--Cecil, Sadleyr, Leicester, and Bacon--declared themselves convinced.’[322] Lingard quotes a Simancas MS. saying that the nobles ‘showed some heart, and checked a little the terrible fury with which Cecil sought to ruin’ Mary.[323] Camden (writing under James VI.) says that Sussex, Arundel, Clinton, and Norfolk thought that Mary had a right to be heard in person. But Elizabeth held this advantage: Mary would not acknowledge her as a judge: she must therefore admit Mary to her presence, if she admitted her at all, _not_ as a culprit. Elizabeth (who probably forgot Amy Robsart’s affair) deemed herself too good and pure to see, not as a prisoner at the Bar, a lady of dubious character. Thus all was well. Mary was firmly discredited (though after all most of the nobles presently approved of her marriage to Norfolk), yet she could not plead her cause in person.

XIII

_MARY’S ATTITUDE AFTER THE CONFERENCE_

The haggling was not ended. On December 16, 1568, Elizabeth offered three choices to Lesley: Mary might send a trusty person with orders to make a direct answer; or answer herself to nobles sent by Elizabeth; or appoint her Commissioners, or any others, to answer before Elizabeth’s Commissioners.[324] Lesley fell back on Elizabeth’s promises: and an anecdote about Trajan. On December 23 or 24, Mary’s Commissioners received a letter by her written at Bolton on December 19.[325] Mr. Hosack says that ‘she commanded them forthwith to charge the Earl of Moray and his accomplices’ with Darnley’s murder.[326] But that was just what Mary did not do as far as her letter goes, though on December 24, Herries declared that she did.[327] Friends and foes of Mary alike pervert the facts. Mary first said that she had received the ‘Eik’ in which her accusers lied, attributing to her the crimes of which they are guilty. She glanced scornfully at the charge that _she_ meant to murder her child, whom _they_ had striven to destroy in her womb, at Riccio’s murder: ‘intending to have slane him and us both.’ She then, before she answers, asks to see the copies and originals of the Casket Letters, ‘the principal writings, if they have any produced,’ which she as yet knew not. And then, if she may see Elizabeth, she will prove her own innocence and her adversaries’ guilt.

Thus she does not by any means bid her friends _forthwith_ to accuse her foes. That would have been absurd, till she had seen the documents brought against her as proofs. But, to shorten a long story, neither at the repeated request of her Commissioners, nor of La Mothe, who demanded this act of common justice, would Elizabeth permit Mary to see either the originals, or even copies, of the Casket Letters. She promised, and broke her promise.[328]

This incident left Mary with the advantage. How can an accused person answer, if not allowed to see the documents in the case? We may argue that Elizabeth refused, because politics drifted into new directions, and inspired new designs. But Mary’s defenders can always maintain that she never was allowed to see the evidence on which she was accused. From Mary’s letter of December 19, or rather from Lesley’s précis of it (‘Extract of the principall heidis’) it is plain that she does not bid her Commissioners accuse anybody, _at the moment_. But, on December 22, Lindsay challenged Herries to battle for having said that Moray, and ‘his company here present,’ were guilty of Darnley’s death. Herries admitted having said that _some_ of them were guilty. Lindsay lies in his throat if he avers that Herries spoke of him specially: and, on that quarrel, Herries will fight. And he will fight any of the principals of them if they sign Lindsay’s challenge, ‘and I shall point them forth and fight with some of the traitors therein.’ He communicated the challenge and reply to Leicester.[329] Herries probably hoped to fight Morton and Lethington.

On the 24th, Moray having complained that he and his company were slandered by Mary’s Commissioners, Lesley and Herries answered ‘that they had special command sent to them from the Queen their Mistress, to lay the said crime to their charge,’ and would accuse them. They were appointed to do this on Christmas Day, but only put in an argumentative answer to Moray’s ‘Eik.’ But on January 11, when Elizabeth had absolved both Moray and Mary (a ludicrous conclusion) and was allowing Moray and his company to go home, Cecil said that Moray wished to know whether Herries and Lesley would openly accuse him and his friends, or not. They declared that Mary had bidden them make the charge, and that they had done so, _on the condition_ that Mary first received copies of the Casket documents. As soon as Mary received these, they would name, accuse, and prove the case, against the guilty. They themselves, as private persons, had only hearsay evidence, and would accuse no man. Moray and his party offered to go to Bolton, and be accused. But Mary (as her Commissioners at last understood) would not play her card, her evidence in black and white, till she saw the hand of her adversaries, as was fair, and she was never allowed to see the Casket documents.[330] Mary’s Commissioners appear to have blundered as usual. They gave an impression, first that they would accuse unconditionally, next that they sneaked out of the challenge.[331] But, in fact, Mary had definitely made the delivery to her of the Casket Letters, originals or even copies, and her own presence to plead her own cause, the necessary preliminary conditions of producing her own charges and proofs.

Mary’s attitude as regards the Casket Papers is now, I think, intelligible. There was a moment, as we have seen, during the intrigues at York, when she consented to resign her crown, and let the matter be hushed up. From that position she receded, at Norfolk’s desire. The Letters were produced by her adversaries, at Westminster and at Hampton Court. She then occupied at once her last line of defence, as she had originally planned it. If allowed to see the documents put in against her, and to confront her accusers, she would produce evidence in black and white, which would so damage her opponents that her denial of the Letters would be accepted by the foreign ambassadors and the peers of England. ‘Her proofs will judicially fall out best as is thought,’ Sussex wrote, and he may have known what ‘her proofs’ were.

If we accept this as Mary’s line, we can account, as has already been hinted, for the extraordinary wrigglings of Lethington. At York, as always, he was foremost to show, or talk of the Casket Papers, _in private_, as a means of extorting a compromise, and hushing up the affair: _publicly_, he was most averse to their production. Whether he had a hand in falsifying the papers we may guess; but he knew that their public exhibition would make Mary desperate, and drive her to exhibit _her_ ‘proofs.’ These would be fatal to himself.

We have said that Mary never forgave Lethington: who had been the best liked of her advisers, and, in his own interests, had ever pretended to wish to proceed against her ‘in dulse manner.’ Why did she so detest the man who, at least, died in her service?

The proofs of her detestation are found all through the MS. of her secretary, Claude Nau, written after Lethington’s death. They cannot be explained away, as Sir John Skelton tries to do, by a theory that the underlings about Mary were jealous of Lethington. Nau had not known him, and his narrative came direct from Mary herself. It is, of course, worthless as evidence in her favour, but it is highly valuable as an index of Mary’s own mind, and of her line of apology _pro vita sua_.

Nau, then, declares (we have told all this, but may recapitulate it) that the Lords, in the spring of 1567, sent Lethington, and two others, to ask her to marry Bothwell. Twice she refused them, objecting the rumours about Bothwell’s guilt. Twice she refused, but Lethington pointed out that Bothwell had been legally cleared, and, after the Parliament of April, 1567, they signed Ainslie’s band. Yet no list of the signers contains the name of Lethington, though, according to Nau, he urged the marriage. After the marriage, it was Lethington who induced the Lords to rise against Bothwell, with whom he was (as we elsewhere learn) on the worst terms. Lethington it was who brought his friend and kinsman, Atholl, into the rising. At Carberry Hill, Mary wished to parley with Lethington and Atholl, who both excused themselves, as not being in full agreement with the Lords. She therefore yielded to Kirkcaldy; and Bothwell, ere she rode away, gave her the murder band (this can hardly be true), signed by Morton, Lethington, Balfour, and others, bidding her keep it carefully. Entrapped by the Lords, Mary, by Lethington’s advice, was imprisoned in the house of the Provost of Edinburgh. Lethington was ‘extremely opposed’ to her, in her dreadful distress; he advised imprisonment in Loch Leven; he even, Randolph says, counselled the Lords to slay her, some said to strangle her, while persuading Throckmorton that he was her best friend. Lethington tried to win her favour in her prison, but, having ‘no assurance from her,’ fled on a false report of her escape. Lethington fought against her at Langside, and Mary knew very well why, though he privately displayed the Casket Letters, he secretly intrigued for her at York. Even his final accession (1569) to her party, and his death in her cause, did not win her forgiveness.

She dated from Carberry Hill her certain knowledge of his guilt in the murder, which she always held in reserve for a favourable opportunity. But, as she neither was allowed to see the Casket Letters, nor to appear in person before the Peers, that opportunity never came.

To conclude this part of the inquiry: Mary’s attitude, as regards the Letters, was less that of conscious innocence, than of a player who has strong cards in her hand and awaits the chance of bringing out her trumps.

XIV

_INTERNAL EVIDENCE OF THE LETTERS_