To return to the management of the Letters in June-July, 1567. The Lords, Mary’s enemies, while perpetually protesting their extreme reluctance to publish Letters to Mary’s discredit, had now sent the rumour of them all through Europe. Spain, and de Silva, were at that time far from friendly to Mary. On July 21, 1567, de Silva writes: ‘I mentioned to the Queen [Elizabeth] that I had been told that the Lords held certain letters proving that the Queen [Mary] had been cognisant of the murder of her husband.’ (The Letters, if they prove anything, prove more than that.) ‘She told me it was not true,although Lethington had acted badly in the matter, and if she saw him she would say something that would not be at all to his taste.’ Thus Elizabeth had heard the story about Letters (from Robert Melville, as we indicate later?) and—what had she heard about Lethington?[219]On June 21, the very day of the first inspection of the Letters, Lethington had written to Cecil.[220]On June 28, Lethington tells Cecil that, by Robert Melville’s letters, he understands Cecil’s ‘good acceptance of these noblemen’s quarrel’ for punishment of Darnley’s murder and preservation of the Prince, ‘and her Majesty’s’ (Elizabeth’s) ‘gentle answer by Cecil’s furtherance.’[221]Yet, to de Silva, Elizabeth presently denounced theill behaviour of Lethington in the matter, and, appearing to desire Mary’s safety, she sent Throckmorton to act in her cause. To the Lords and Lethington, by Robert Melville, she sent a gentle answer: Melville acting for the Lords. To Mary she averred (June 30) that Melville ‘used much earnest speech on your behalf’ (probably accusing Lethington of fraud as to the Letters), ‘yet such is the general report of you to the contrary ... that we could not be satisfied by him.’[222]Melville, we must remember, was acting for the Lords, but he is described as ‘heart and soul Mary’s.’ He carried the Lords’ verbal report of the Letters—but he also discredited it, blaming Lethington. Why did he not do so publicly? At the time it was unsafe: later he and Lethington were allies in the last stand of Mary’s party.
We do not know how much Elizabeth knew, or had been told; or how much she believed, or what she meant, by her denunciation of Lethington, as regards his conduct in the affair of the Letters. But we do know that, on June 30, the Lords gave the lie, as in later proclamations they repeatedly did, to their own story that they had learned the whole secret of Mary’s guilt on June 21. On June 30, they issued, under Mary’s name, and under her signet, a summons against Bothwell, for Darnley’s murder, and ‘for taking the Queen’s most noble person by force to her Castle of Dunbar, detaining her,and for fear of her life making her promise to marry him.’[223]The Lordsof Council in Edinburgh, at this time, were Morton (confessedly privy to the murder, and confessedly banded with Bothwell to enable him to marry Mary), Lethington, a signer of the band for Darnley’s murder; Balfour, who knew all; Atholl, Home, James Makgill, and the Justice Clerk, Bellenden—who had been in trouble for Riccio’s murder.[224]The same men, several guilty, were spreadingprivatelythe rumour of Mary’s wicked Letters: and, at the same hour, werepubliclyabsolving her, in their summons to Bothwell. As late as July 14, they spoke to Throckmorton of Mary, ‘with respect and reverence,’ while alleging that ‘for the Lord Bothwell she would leave her kingdom and dignity to live as a simple damsel with him.’ Who can believe one word that such men spoke?
They assured Throckmorton that du Croc ‘carried with him matter little to the Queen’s’ (Mary’s) ‘advantage:’ possibly, though not certainly, an allusion to his copies of the Letters of her whom they spoke of ‘with respect and reverence,’ and promised ‘to restore to her estate’—if she would abandon Bothwell.[225]
‘I never saw greater confusion among men,’ says Throckmorton, ‘for often they change their opinions.’ They were engaged in ‘continual preaching and common prayer.’ On July 21, they assured Elizabeth that Mary was forced to be Bothwell’s wife‘by fear and other unlawful means,’ and that he kept his former wife in his house, and would not have allowed Mary to live with him for half a year. Yet Mary was so infatuated that, after her surrender, ‘he offered to give up realm and all, so she might enjoy him.’ This formula, we shall see later, the Lords placed thrice in Mary’s mouth, first in a reported letter of January, 1567 (never produced), next in a letter of Kirkcaldy to Cecil (April 20), and now (July 21).[226]
At this time of Throckmorton’s mission, Lethington posed to him thus. ‘Do you not see that it does not lie in my power to do that I would fainest do, which is to save the Queen, my mistress, in estate, person, and in honour?’ He declared that the preachers, the populace, and the chief nobles wished to take Mary’s life.[227]Lethington thus drove his bargain with Throckmorton. ‘If Elizabeth interferes,’ he said in sum, ‘Mary dies, despite my poor efforts, and Elizabeth loses the Scottish Alliance.’ But Throckmorton believed that Lethington really laboured to secure Mary’s life and honour. His true object was to keep her immured. Randolph, as we saw, accuses him to his face of advising Mary’s execution, or assassination. By his present course with Throckmorton he kept Elizabeth’s favour: he gave himself out as Mary’s friend.
The Lords at last made up their minds. On July 25, Lindsay was sent to Loch Leven to extort Mary’s abdication, consent to the coronation of herson, and appointment of Moray, or failing him, other nobles, to the Regency. ‘If they cannot by fair means induce the Queen to their purpose, they mean to charge her with tyranny for breach of those statutes which were enacted in her absence. Secondly they mean to charge her with incontinence with Bothwell, and others. Thirdly, they mean to charge her with the murder of her husband,whereof they say they have proof by the testimony of her own handwriting, which they have recovered, as also by sufficientwitnesses.’ The witnesses were dropped. Probably they were ready to swear that Mary was at the murder in male costume, as in a legend of the Lennox Papers! Lethington brought this news to Throckmorton between ten and eleven at night.[228]It was the friendly Lethington who told Throckmorton about the guilty Letters.
The Lords had, at last, decided to make use of the Letters attributed to Mary, and of the ‘witnesses,’ and by these, or other modes of coercion, they extorted her assent (valueless, so Throckmorton and Robert Melville let her know, because she was a prisoner) to their proposals.[229]Despite theirknowledge of the Letters, the Lords, in proclamations, continued to aver that Bothwell had ravished her by fear, force, and other unlawful means, the very means of coercing Mary which they themselves were employing. The brutality, hypocrisy, and low vacillating cunning of the Lords, must not blind us to the fact that they certainly, since late in June, held new cards, genuine or packed.
It is undeniable that the first notices of the Letters, by de Silva, prove that the Lords, about the date assigned by Morton, did actually possess themselves of useful documents. Their vacillations as to how and when they would play these cards are easily explained. Their first care was to prejudice the Courts of France, Spain, and Elizabeth against Mary by circulating the tale of their discovery. If they had published the papers at once, they might then have proceeded to try and to execute, perhaps (as the Highland seeress predicted) toburnMary. The preachers urged them to severity, but some of them were too politic to proceed to extremes, which might bring in Elizabeth and France as avengers. But, if Mary was to be spared in life, to publish the Letters at once would ruin their value as an ‘awe-bond.’ They could only be used as a means of coercing Mary, while they were unknown to the world at large. If the worst was known, Mary would face it boldly. Only while the worst was notgenerally known could the Letters be used to ‘blackmail’ her. Whether the Letters were, in fact, employed to extort Mary’s abdication is uncertain. She was advised, as we said, by Throckmorton and Robert Melville, that her signature, while a captive, was legally invalid, so she signed the deeds of abdication, regency, and permission to crown her son. For the moment, till Moray arrived, and a Parliament was held, the Lords needed no more. Throckmorton believed that he had saved Mary’s life: and Robert Melville plainly told Elizabeth so.[230]
Thus it is clear that the Lords held documents, genuine, or forged, or in part authentic, in part falsified. Their evasive use of the papers, their self-contradictions in their proclamations, do not disprove this fact. But were the documents those which they finally published? This question, on which we may have new light to throw, demands a separate investigation.
THE CASKET LETTERS
II. A POSSIBLY FORGED LETTER
Were the documents in the possession of the Lords, after June 21, those which they later exhibited before Elizabeth’s Commissioners at Westminster (December, 1568)? Here we reach perhaps the most critical point in the whole inquiry. A Letter to Bothwell, attributed to Mary, was apparently in the hands of the Lords (1567-1568), a Letter which was highly compromising,but never was publicly produced. We first hear of this Letter by a report of Moray to de Silva, repeated by de Silva to Philip of Spain (July, 1567).
Before going further we must examine Moray’s probable sources of information as to Mary’s correspondence. From April 7, to the beginning of July, he had been out of Scotland: first in England; later on the Continent. As early as May 8, Kirkcaldy desired Bedford to forward a letter to Moray, bidding him come to Normandy, in readiness to return, (and aid the Lords,) now banding againstBothwell.[231]‘He will haste him after he has seen it.’ Moray did not ‘haste him,’ his hour had not come. He was, however, in touch with his party. On July 8, a fortnight after the discovery of the Casket, Robert Melville, at ‘Kernye’ in Fife, sends ‘Jhone a Forret’ to Cecil. John is to go on to Moray, and (Lethington adds, on July 9) a packet of letters for Moray is to be forwarded ‘with the greatest diligence that may be.’ Melville says, as to ‘Jhone a Forret’ (whom Cecil, in his endorsement, calls ‘Jhon of Forrest’), ‘Credit the bearer, who knows all occurrents.’ Can ‘Jhone a Forret’ be a cant punning name for John Wood, sometimes called ‘John a Wood,’ by the English, a man whom Cecil knew as Moray’s secretary? John Wood was a Fifeshire man, a son of Sir Andrew Wood of Largo, and from Fife Melville was writing. Jhone a Forret is, at all events, a bearer whom, as he ‘knows all occurents,’ Cecil is to credit.[232]This Wood is the very centre of the secret dealings of Mary’s enemies, of the Lords, and Lennox. Cecil, Elizabeth, and Leicester are asked to ‘credit’ him, later, as Cecil ‘credited’ ‘Jhone a Forret.’
Up to this date (July 8) when letters were sent by the Lords to Moray, he was, or feigned to be, friendly to his sister. On that day a messenger of his, from France, was with Elizabeth, who told Cecil that Moray was vexed by Mary’s captivity in Loch Leven, and that he would be ‘her true servant in allfortunes.’ He was sending letters to Mary, which the Lords were not to see.[233]His messenger was Nicholas Elphinstone, who was not allowed to give Mary his letters.[234]After receiving the letters sent to him from Scotland on July 8, Moray turned his back on his promises of service to Mary. But, before he received these letters, Archbishop Beaton had told Alava that Moray was his sister’s mortal enemy and by him mistrusted.[235]Moray’s professions to Elizabeth may have been a blind, but his letters for Mary’s private eye have a more genuine air.
Moray arrived in England on July 23.
About July 22, Mary’s confessor, Roche Mameret, a Dominican, had come to London. He was much grieved, he said to de Silva, by Mary’s marriage with Bothwell, which, as he had told her, was illegal. ‘He swore to me solemnly that, till the question of the marriage with Bothwell was raised, he never saw a woman of greater virtue, courage, and uprightness....’ Apparently he knew nothing of the guilty loves, and the Exchequer House scandal. ‘She swore to him that she had contracted the marriage’ with the object of settling religion by that means, though Bothwell was so stout a Protestant that he had twice married Catholic brides by Protestant rites! ‘As regarded the King’s murder, her confessor has told me’ (de Silva) ‘that she had no knowledge whatever of it.’ Now de Silva imparted this fact to Moray, when hevisited London, as we saw, in the end of July, 1567, and after Moray had seen Elizabeth. He gave de Silva the impression that ‘although he always returned to his desire to help the Queen, this is not altogether his intention.’ Finally, Moray told de Silva ‘something that he had not even told this Queen, although she had given him many remote hints upon the subject.’ The secret was that Mary had been cognisant of Darnley’s murder. ‘This had been proved beyond doubt by a letter which the Queen had written to Bothwell, containing more than three double sheets (pliegos) of paper, written with her own hand andsignedwith her name; in which she says in substance that he is not to delay putting into execution that which he had been ordered (tenia ordenado), because her husband used such fair words to deceive her, and bring her to his will, that she might be moved by them if the other thing were not done quickly. She said that she herself would go and fetch him [Darnley], and would stop at a house on the road where she would try to give him a draught; but if this could not be done, she would put him in the housewhere the explosion was arranged for the night upon which one of her servants was to be married. He, Bothwell, was to try to get rid of his wife either by putting her away or poisoning her, since he knew that she, the Queen, had risked all for him, her honour, her kingdom, her wealth,which she had in France, and her God; contenting herself with hisperson alone.... Moray said he had heard of this letter from a man who had read it....’[236]
As to ‘hearing of’ this epistle, the reader may judge whether, when the Lords sent ‘Jhone a Forret’ (probably John Wood) to Moray, and also sent a packet of letters, they did not enclose copies of the Casket Letters as they then existed. Is it probable that they put Moray off with the mere hearsay of Jhone a Forret, who ‘knows all occurrents’? If so, Jhone, and Moray, and de Silva, as we shall prove, had wonderfully good verbal memories, like Chicot when he carried in his head the Latin letter of Henri III. to Henri of Navarre.
Mr. Froude first quoted de Silva’s report of Moray’s report of this bloodthirsty letter of Mary’s: and declared that Moray described accurately the long Glasgow Letter (Letter II.).[237]But Moray, as Mr. Hosack proved, described a letter totally and essentially different from Letter II. That epistle, unlike the one described by Moray, isnotsigned. We could not with certainty infer this from the want of signatures to our copies; their absence might be due to a common custom by which copyists did not add the writer’s signature, when the letter was otherwise described. But Mary’s defenders, Lesley and Blackwood, publicly complained of the absence of signatures, and were not answered. Thispoint is not very important, but in the actual Casket Letter II. Mary does not say, as in Moray’s account, that there is danger of Darnley’s ‘bringing her round to his will.’ She says the reverse, ‘The place will hold,’ and, therefore, she does not, as in Moray’s report, indicate the consequent need of hurry. She does not say that ‘she herself will go and fetch him;’ she was there already: this must be an error of reporting. She does not speak of ‘giving him a draught’ in a house on the road. She says nothing of a house where ‘the explosion was arranged.’ No explosion had been arranged, though some of the earlier indictments drawn up by Lennox for the prosecution declare that this was the case: ‘The place was already prepared with [undermining and] trains of powder therein.’[238]This, however, was the early theory, later abandoned, and it occurs in a Lennox document which contains a letter of Darnley to the Queen, written three days before his death. The Casket Letter II. says nothing about poisoning or divorcing Lady Bothwell, nor much, in detail, about Mary’s abandonment of her God, her wealthin France, and her realm, for her lover. On the other hand she regards God as on her side. In short, the letter described by Moray to de Silva agrees in no one point with any of the Letters later produced and published: except in certain points provocative of suspicion. Mr. Froude thought that it did harmonise, but the opinion is untenable.
De Silva’s account, however, is only at third hand. He merely reports what Moray told him thathehad heard, from ‘a man who had read the letter.’ We might therefore argue that the whole reference is to the long Casket Letter II., but is distorted out of all knowledge by passing through three mouths. This natural theory is no longer tenable.
In the Lennox Papers the writer, Lennox, breaks off in his account of Darnley’s murder to say, ‘And before we proceed any further, I cannot omit to declare and call to remembrance her Letter written to Bothwell from Glasgow before her departure thence, together with such cruel and strange words “unto” him, which he her husband should have better considered and marked, but that “the” hope “he” had to win her “love” now did blind him; together that it lieth not in the power of man to prevent that which the suffering will of God determineth. The contents of her letter to the said Bothwell was to let him understand that, although the flattering and sweet words of him with whom she was then presently, the King her husband, has almost overcome her, yet the remembering the great affection which she bore unto him [Bothwell] there should no such sweet baits dissuade her, or cool her said affection from him, but would continue therein, yea though she should thereby abandon her God, put in adventure the loss of her dowry in France, “hazard” such titles as she had to the crown of England, as heir apparent thereof, and also the crown of therealm; wishing him then present in her arms; therefore bid him go forward with all things, according to their enterprize, and that the place and everything might be finished as they had devised, against her coming to Edinburgh, which should be shortly. And for the time of execution thereof she thought it best to be the time of Bastian’s marriage, which indeed was the night of the King her husband’s murder. She wrote also in her letter that the said Bothwell should “in no wise fail” in the meantime to dispatch his wife, and to give her the drink as they had devised before.’[239]
Except as regards the draught to be given to Darnley, in a house by the way, and Mary’s promise ‘to go herself and fetch him,’ this report of the letter closely tallies, not with Casket Letter II., but with what the man who had read it told Moray, and with what Moray told de Silva. Did there exist, then, such a compromising letter accepted by Moray’s informant, the ‘man who read the letter,’ and recorded by Lennox in a document containing copy of a letter from Darnley to himself?
This appears a natural inference, but it is suggested to me that the brief reports by Moray and Lennox are ‘after all not so very different’ from Letter II. ‘If we postulate a Scots translation’ (used by Moray and Lennox) ‘with the allusions explained by a hostile hand in the margin, then those who professedto give a summary of its “more than three double pages” in half a dozen lines’ (there are thirty-seven lines of Lennox’s version in my hand, and Mary wrote large) ‘would easily take the striking points, not from the Letter, though it was before their eyes, but from the explanations; which were, of course, much more impressive than that extraordinary congeries of inconsequences,’ our Letter II.
To this we reply that, in Moray’s and Lennox’s versions, we have expansions and additions to the materials of Letter II. All the tale about poisoning Darnley in a house on the way is not a hostile ‘explanation,’ but an addition. All the matter about poisoning or divorcing Lady Bothwell is not an explanation, but an addition. Marginal notes are brief summaries, but if Moray and Lennox quoted marginal notes, these were so expansive that they may have been longer than the Letter itself.
Take the case of what Mary, as described in the Letter, is to forfeit for Bothwell’s sake. Lennox is in his catalogue of these goods more copious than Moray: and Letter II., in place of these catalogues, merely says ‘honour, conscience, hazard, nor greatness.’ Could a marginal annotator expand this into the talk about God, her French dowry, her various titles and pretensions? Marginal notes always abbreviate: Moray and Lennox expand; and they clearly, to my mind, cite a common text. Lennox has in his autograph corrected this passage and others.
Moray’s and Lennox’s statements about the poisoning,about the divorce or poisoning for Lady Bothwell, about Bastian (whose marriage Letter II. mentions as a proof of Darnley’s knowledge of Mary’s affairs), about the ‘finishing and preparing of the place’ (Kirk o’ Field), about ‘the house on the way,’—can all these be taken from marginal glosses, containing mere gossip certainly erroneous? If so, never did men display greater stupidity than Lennox and Moray. Where it was important to quote a letter, both (according to the theory which has been suggested) neglect the Letter and cite, not marginal abbreviations, but marginalscholiacontaining mere tattle. If Moray truly said that he had only ‘heard of the Letter from a “man who had read it,”’ is it conceivable that the man merely cited the marginal glosses to Moray, while Lennox also selected almost nothing but the same glosses? But, of all impossibilities, the greatest is that the author of the glosses expanded ‘honour, conscience, hazard, and greatness’ (as in Letter II.) into the catalogue beginning with God, in which Moray and Lennox abound. ‘Honour, conscience, hazard, and greatness,’ explain themselves. They need no such long elaborate explanation as the supposed scholiast adds on the margin. Where we do find such contemporary marginal notes, as on the Lennox manuscript copy of the Casket Sonnets, they are brief and simply explain allusions. Thus Sonnet IV. has, in the Lennox MSS.,
‘un fascheux sot qu’elle aymoit cherement:’
ellebeing Lady Bothwell.
The marginal note is ‘This is written of the Lord of Boyn, who was alleged to be the first lover of the Earl of Bothwell’s wife.’[240]We must remember that Lennox was preparing a formal indictment, when he reported the same Letter as Moray talked of to de Silva; and that, when the Casket Letters were produced, his discrepancies from Letter II. might perhaps be noticed even in an uncritical age. He would not, therefore, quote thescholiaand neglect the Letter.
The passage about Lady Bothwell’s poison or divorce is perhaps mirrored in, or perhaps originated, Lesley’s legend that she was offered a writing of divorce to sign, with a bowl of poison to drink if she refused. In fact, she received a valuable consideration in land, which she held for some forty years, as Countess of Sutherland.[241]Suppose that the annotator recorded this gossip about the poisoning of Lady Bothwell on the margin. Could a man like Moray be so foolish as to recite itviva voceas part of the text of a letter?
Once more, the hypothetical marginal notes of explanation explain nothing—to Moray and Lennox. They knew from the first about Bastian’s marriage, and the explosion. The passage about poisoning Darnley ‘in a house by the way’ does not explain, but contradicts, the passage in Letter II., where Marydoes not say that she is poisoning Darnley, but suggests that Bothwell should find ‘a more secret way by medicine,’ later. Lennox and Moray, again, of all people, did not need to be told, by an annotator, what Mary’s possessions and pretensions were. Finally, the lines about poisoning or divorcing Lady Bothwell are not a note explanatory of anything that occurs in Letter II., nor even an annotator’s added piece of information; for Lennox cites them, perhaps, from the Letter before him, ‘She wrote also in her letter, that the said Bothwell should in no wise fail to give his wife the drink as they had devised’—The Mixture as Before! Thus there seems no basis for the ingenious theory ofmarginalia, supposed to have been cited, instead of the Letter, by Lennox and Moray.
It has again been suggested to me, by a friend interested in the problem of the Casket Letters, that Moray and Lennox are both reporting mere gossip, reverberated rumours, in their descriptions of the mysterious Letter. It is hinted that Lennox heard of the Letters, perhaps from Buchanan, before Lennox left Scotland. In that case Lennox heard of the Letters just two months before they were discovered. He left Scotland on April 23, the Casket was opened on June 21. Buchanan certainly was not Moray’s informant: Jhone a Forret carried the news.
As to the idea that Moray and Lennox both report a fortuitous congeries of atoms of gossip,Moray and Lennox both (1) begin their description with Mary’s warning that Darnley’s flatteries had almost overcome her.
(2) Both speak to the desirability of speedy performance, but Lennox does not, like Moray, assign this need to the danger of Mary’s being won over.
(3) Moray does, and Lennox does not, say that Mary ‘will go and fetch’ Darnley, which cannot have been part of a letter purporting to be written at Glasgow.
(4) Moray does, and Lennox does not, speak of poisoning Darnley on the road. From a letter of three sheets no two persons will select absolutely the same details.
(5) Moray and Lennox both give the same catalogue, Lennox at more length, of all that Mary sacrifices for Bothwell.
(6) Both Moray and Lennox make Mary talk of the house where the explosion is already arranged: at least Lennox talks of its being ‘prepared,’ which may merely mean made inhabitable.
(7) Both make her say that the night of Bastian’s marriage will be a good opportunity.
(8) Both make Mary advise Bothwell to poison his wife, Moray adding the alternative that he may divorce her.
(9) Lennox does, and Moray does not, mention the phrase ‘wishing him then in her arms,’ which occurs in Casket Letter II. The fact does not strengthen the case for the authenticity of Letter II.
As to order of sequence in these nine items, they run,
Thus, in four out of nine items (Moray 3 being a mere error in reporting), the sequence in Moray’s description is the same as the sequence in that of Lennox. In one item Moray gives a fact not in Lennox. In one Lennox gives a fact not in Moray. In the remaining items, Moray and Lennox give the same facts, but that which is fifth in order with Lennox is eighth in order with Moray.
Mathematicians may compute whether these coincidences are due to a mere fortuitous concurrence of atoms of gossip, possessing a common basis in the long Glasgow Letter II., and in the facts of the murder, and accidentally shaken into the same form, and almost the same sequence, in the minds of two different men,at two different times.
My faith in fortuitous coincidence is not so strong. Is it possible that the report of Lennox and the report of Moray, both of them false, as far as regards Letter II., or any letter ever produced, have a common source in a letter at one time held by the Lords, but dropped by them?
The sceptic, however, will doubtless argue, ‘We do not know the date of this discourse, in which Lennox describes a letter to very much the same effect as Moray does. May not Lennox have met Moray, in or near London, when Moray was there in July, 1567? May not Moray have told Lennox what he told de Silva, and even more copiously? What he told was (by his account) mere third-hand gossip, but perhaps Lennox received it from him as gospel, and sat down at once, and elaborated a long “discourse,” in which he recorded as fact Moray’s tattle. By this means de Silva and Lennox would offer practically identical accounts of the long letter; accounts which, indeed, correspond to no known Casket Letter, but err merely because Moray’s information was hearsay, casual, and unevidential.’ ‘Why,’ my inquirer goes on, ‘do you speak of Lennox and Moray giving their descriptions of the Letterat two different times?’
The answer to the last question may partly be put in the form of another question. Why should Lennox be making a long indictment, of seven folio pages, against Mary, in July, 1567, when Moray was passing through town on his way from France to Scotland? Mary was then a prisoner in Loch Leven. Lennox, though in poverty, was, on July 16, 1567, accepted as a Joint-Regent by Mary, if Moray did not become Regent, alone.[242]On July 29, 1567, James VI. was crowned, a yearling King, and it wasdecided that if Moray, who had not yet arrived in Scotland, refused to be Regent alone, Lennox should be joined with him and others on a Commission of Regency.[243]Moray, of course, did not refuse power, nor did Lennox go to Scotland. But, even if Lennox had really been made a co-Regent when Moray held his conversation about the Letter with de Silva, he would have had, at that moment, no need to draw up his ‘discourse’ against Mary. The Lords had subdued her, had extorted her abdication, and did not proceed to accuse their prisoner. Again, even if they had meant to try her at this time, that would not explain Lennox’s supposed conduct in then drawing up against her an indictment, including the gossip about her Letter, which (on the hypothesis) he had, at that hour, obtained from Moray, in London. This can easily be proved: thus. The document in which Lennox describes the Letter was never meant for aScottishcourt of justice. It is carefully made outin English, by an English scribe, and is elaborately corrected in Lennox’s hand, as a man corrects a proof-sheet. Consequently, this early ‘discourse’ of Lennox’s, with its description of the murderous letter, never produced, was meant, not for a Scottish, but for an English Court, or meeting of Commissioners. None such could be held while Mary was a prisoner in Scotland: and no English indictment could then be made by Lennox. He must have expected theletter he quoted to be produced: which never was done.
Therefore Lennox did not weave this discourse, and describe the mysterious Letter, while Moray was giving de Silva a similar description, at London, in July, 1567. Not till Mary fled into England, nearly a year later, May 15, 1568, not till it was determined to hold an inquiry in England (about June 30, 1568), could Lennox construct an indictment in English, to go before English Commissioners. Consequently his description of the letter was not written at the same time (July, 1567) as Moray described the epistle to de Silva. The exact date when Lennox drew up his first Indictment, including his description of the Letter described by Moray, is unknown. But it contains curious examples of ‘the sayings and reports’ of Mary’s ownsuite, as to words spoken by her in their own ears. Therefore it would seem to have been writtenafterJune 11, 1568, when Lennox wrote to Scotland, asking his chief clansmen to collect ‘the sayings of her servants and their reports.’[244]Again, as late as August 25, 1568, Lennox had not yet received permission from Elizabeth to go to the meeting of the Commission of Inquiry which it was then intended to hold at Richmond. Elizabeth ‘flatly denied him,’ though later she assented.[245]Thus Lennox’s composition of this indictment with its account of the mysteriousepistle, may be provisionally dated between, say, July 1 (when he might have got a letter of information from Scotland in answer to his request for information) and August 25, 1568.
But an opponent, anxious to make the date of Lennox’s knowledge of the poisonous letter seem early, may say, ‘Probably Lennox, in July, 1567, when Moray was in London, met him. Probably Moray told Lennox what he would not tell Elizabeth. Probably Lennox then wrote down Moray’s secondhand hearsay gossip about the letter, kept it, and, later, in 1568, copied it into his discourse to go before English Commissioners. Moray’s verbal report is his only source, and Moray’s was hearsay gossip. We have, so far, no proof that the letter described by Lennox and Moray ever existed.’
To this I reply that we know nothing of communication between Lennox and Moray in July, 1567, but we do know when Lennox began to collect evidence for the ‘discourse,’ in which this mysterious letter is cited. In June, 1568, Mary complained to Elizabeth that Lady Lennox was hounding Lennox on to prosecute her. Mary had somehow got hold of letters of Wood and of Lady Lennox.[246]We also infer that, when Lennox first took up his task, he may have already seen Scots translations of the Casket Letters as they then existed. We know too that he had now an adviser who should not have allowed him to make a damaging error in his indictment,such as quoting a non-existent letter. This adviser was John Wood. After Mary’s flight into England (May 16, 1568) Moray had sent, on May 21, his agent, John Wood (‘Jhone a Forret’?), to London, where he was dealing with Cecil on June 5, 1568.[247]Now Wood carried with him Scots translations of the Casket Letters, as they then existed. This is certain, for, on June 22, Moray sent to the English Council the information that Wood held these translations, and Moray made the request that the ‘judges’ in the case might see the Scots versions, and say whether, if the French originals corresponded, they would be reckoned adequate proof of Mary’s guilt.[248]
The judges, that is the Commissioners who sat at York in October, apparently did not, in June, see Wood’s copies: their amazement on seeing them later, at York, is evidence to that. But Lennox, perhaps, did see the Scots versions in Wood’s hands. On June 11, from Chiswick, as has been said, Lennox wrote three letters to Scotland; one to Moray, one to his retainers, the Lairds of Houstoun and Minto, men of his own clan; and one to other retainers, Thomas Crawford, Robert Cunningham, and Stewart of Periven. To Moray he said that of evidence against Mary ‘there is sufficiency in her own hand-writ,by the faith of her letters, to condemn her.’ But he also wanted to collect extraneous evidence, in Scotland.
Here Lennox writes as one who has seen, or been told the contents of, the Casket Letters on which he remarks. And well might he have seen them, for his three despatches of June 11 are ‘all written on the same sheets,and in the same hand,’ as two letters written and sent, on the following day, by John Wood, from Greenwich, to Moray and Lethington. Thus Wood, or his secretary, wrote out all five epistles.[249]Consequently Wood, who had translations of the Casket Letters, was then with Lennox, and was likely to be now and then with him, till the Conference at York in October. On October 3, just before the Conference at York, Lady Lennox tells Cecil that she means to speak to Mr. John Wood, if he is at Court, for he knows who the murderers are.[250]And Wood carried to Lennox, at York, Lady Lennox’s despatches.[251]Being allied with Wood, as the Chiswick and Greenwich letters of June 11, 12, prove, and writing to Wood’s master, Moray, about Mary’s Casket Letters, it is hardly probable that Lennox had not been shown by Wood the Scots versions of the Casket Letters, then in Wood’s custody. And when, about this date or later, Lennox composed the long indictment against Mary, and quoted the letter already cited by Moray, it is hardly credible that he described the long poisonous document from merehearsay, caught from Moray in the previous year. It is at least as likely, if not much more so, that his description of the long letter was derived from a translation of the letter itself, as it then existed in the hands of Wood. Is it probable that Wood (who was known to have in his custody the Letters to which Lennox refers, in his epistle to Moray of June 11) could withhold them from the father of the murdered Darnley, a noble who had been selected by the Lords as a co-Regent with Moray, and who was, like himself, a correspondent of Moray and an eager prosecutor of the Queen? If then Wood did in June, 1568, show to Lennox the Casket Letters as they then existed, when Lennox presently described the long murderous letter, he described what he had seen, namely apièce de convictionwhich was finally suppressed. And that it was later than his meeting with Wood, on June 11, 1568, that Lennox prepared his elaborate discourse, is obvious, for what reason had he to compose an indictment before, in June or later, it became clear that Mary’s case would be tried in England?
Not till June 8 did Elizabeth send to Moray, bidding him ‘impart to her plainly all that which shall be meet to inform her of the truth for their defence in such weighty crimes’ as their rebellion against Mary.[252]Mary, Elizabeth declared, ‘is content to commit the ordering of our case to her,’ and Moray has consented, through Wood, ‘to declareto us your whole doings.’ Elizabeth therefore asks for Moray’s evidence against Mary. From that date, June 8, the negotiations for some kind of trial of Mary went on till October, 1568. In that period, Lennox must have written the discourse in which he cites the false letter, and in that period he had the aid of Wood, in whose hands the Scots translations were.
The inference that Lennox borrowed his description of a long poisonous epistle from a forged letter, a very long letter, then in Wood’s custody with the rest, and occupying the place later taken by Letter II., is natural, and not illogical, but rather is in congruence with the relations between Wood and Lennox. The letter described had points in common with Letter II. (as when Mary wishes Bothwell in her arms) and with the Casket Sonnets. It certainly was not a genuine document, and certainly raises a strong presumption that fraud was being attempted by Mary’s enemies. But we need not, for that reason, infer that Letter II. is a forgery. It may be genuine, and may have been in the hands of Mary’s enemies. Yet they may have tried to improve upon it and make it more explicit, putting forward to that end the epistle quoted by Lennox and Moray. If so they later fell back on Letter II., possibly garbled it, and suppressed their first version.
Lennox, as we shall see, did not rest on his earlier form of the indictment, with its description of Mary’sletter about poisoning Darnley and Lady Bothwell, which he originally drew up, say in July-August, 1568. In his letters from Chiswick he asked for all sorts of evidence from Scotland. He got it, and, then, dropping his first indictment (which contained only parts of such matter), he composed a second. That second document was perhaps still unfinished, or imperfect, just before the meeting of Commissioners at York (October 6, 1568).
That the second indictment, about October 1, 1568, was still in the making, I at first inferred from the following passage which occurs in a set of pieces of evidence collected for Lennox, but without date. ‘Ferder your h. sall have advertisement of, as I can find, but it is gude that this mater’ (Lennox’s construction of a new indictment) ‘be not endit quile’ (until) ‘your h.may haif copie of the letter, quhilk I sall haif atYork, so sone as I may haif a traist berar’ (a trusty bearer to carry the copy to Lennox). So I read the letter, but Father Pollen, no doubt correctly, in place of ‘York’ reads ‘your h.;’ that is, ‘Your Honour,’ a common phrase. The date yielded by ‘York’ therefore vanishes. We can, therefore, only infer that this correspondent, writing not to Lennox, it appears, but to some one, Wood perhaps, engaged in getting up the case, while sending him information for his indictment, advises that it be not finished till receipt of a copy of a certain letter, which is to be sent by a trusty bearer. It may be our Letter II. We can have no certainty. In his new indictment, substitutedfor his former discourse, Letter II. is the only one to which Lennox makes distinct allusion.
He now omits the useful citations of the mysterious epistle which he had previously used; and, instead, quotes Letter II. The old passages cited were more than good enough for Lennox’s purpose, but they are no longer employed by him. There can be no doubt as to which of his discourses is the earlier and which the later. That containing the report of Mary’s letter which agrees with Moray’s report to de Silva, lacks the numerous details about Hiegait, Crawford, Mary’s taunts to Darnley, their quarrel at Stirling, and so forth, and we know that, on June 11, 1568, Lennox had sent to Scotland asking for all these particulars. They all duly appear in the second discourse which contains reference to Letter II. They are all absent from the discourse which contains the letter about the scheme for poisoning Darnley and Lady Bothwell. Therefore that indictment is the earlier: written on evidence of Darnley’s servants, and from ‘the sayings and reports’ of Mary’s servants.
For what reason should Lennox drop the citations from the poisonous letter, which he quoted in his earlier discourse, if such a letter was to be produced by the Lords? The words were of high value to his argument. But drop them he did in his later discourse, and, in place of them, quoted much less telling lines from Letter II.
All this is explained, if Letter II. was a revised and less explicit edition of the letter first reported on byLennox; or if the letter first quoted was an improved and more vigorous version of a genuine Letter II. Mr. Hosack, when he had only Moray’s account of the mysterious letter before him, considered it fatal to the authenticity of Letter II., which he thought a cleverly watered-down version of the mysterious letter, and, like it, a forgery. Mr. Hosack’s theory is reinforced by Lennox’s longer account of the mysterious epistle. But he overlooked the possibility that Letter II. may not be a diluted copy of the forgery, but a genuine original on which the forgery was based. It may be asked, if the Letter touched on by Lennox and Moray was a forged letter, why was it dropped, and why was another substituted before the meeting of Commissioners at York? As we have only brief condensed reports of the Letter which never was produced, our answer must be incomplete. But Moray’s description of the document speaks of ‘the house where the explosion was arranged,’ before Mary left Edinburgh for Glasgow. Now, according to one confession, taken after the finding of the Casket, namely on December 8, 1567, the explosion was not dreamed of ‘till within two days before the murder.’[253]Therefore Mary could not, on reflection, be made to write that the gunpowder plot was arranged before January 21, 1567, for that contradicted the confession, and the confession was put in as evidence.
The proceedings of Mary’s accusers, therefore,may have taken the following line. First, having certainly got hold of a silver casket of Mary’s, about June 21, 1567, they either added a forgery, or, perhaps, interpolated, as her Lords said, ‘the most principal and substantious’ clauses. They probably gave copies to du Croc: and they told Throckmorton that they had not only letters, butwitnessesof Mary’s guilt. These witnesses doubtless saw Mary at the murder ‘in male apparel,’ as Lennox says some declared that she was. But these witnesses were never produced. They sent, probably, by ‘Jhone a Forret,’ copies to Moray, one of which, the mysterious letter, in July, 1567, he partly described to de Silva. In June, 1568, they sent translated copies into England with Wood. These were not seen by Sussex, Norfolk, and Sadleyr (the men who, later, sat as Commissioners at York), but Wood, perhaps, showed them, or parts of them, to Lennox, who cited portions of the mysterious Letter in his first indictment. But, when Moray, Morton, Lethington, and the other Commissioners of the Lords were bound for the Inquiry at York, they looked over their hand of cards, re-examined their evidence. They found that the ‘long letter’ cited by Moray and Lennox contradicted the confession of Bowton, and was altogether too large and mythical. They therefore manufactured a subtler new edition, or fell back upon a genuine Letter II. If so, they would warn Lennox, or some one with Lennox, in framing his new indictment, to wait for their finalchoice as to this letter. He did wait, received a copy of it, dropped the first edition of the letter, and interwove the second edition, which may be partly genuine, with his ‘discourse.’
This is, at least, a coherent hypothesis. There is, however, another possible hypothesis: admirers of the Regent Moray may declare. Though capable of using his sister’s accomplices to accuse his sister, ‘the noble and stainless Moray’ was not capable of employing a forged document. On returning to Scotland he found that, in addition to the falsified Letter, there existed the genuine Letter II., really by Mary. Like a conscientious man, he insisted that the falsified Letter should be suppressed, and Letter II. produced.
This amiable theory may be correct. It is ruined, however, if we are right in guessing that, when Moray sent Wood into England with Scots versions of the Letters (May, 1568), he may have included among these a copy of the falsified Letter, which was therefore cited by Lennox.
There is another point of suspicion, suggested by the Lennox Papers. In Glasgow Letter II., Mary, writing late at night, is made to say, ‘I cannot sleep as thay do, and as I wald desyre,that is in zour armes, my deir lufe.’ In the Lennox account of the letter quoted by Moray to de Silva, she ‘wishes him then present in her arms.’ In the Lennox Paper she speaks of Darnley’s ‘sweet baits,’ ‘flatteringand sweet words,’ which have ‘almost overcome her.’ In theEnglish text of Letter II., Darnley ‘used so many kinds offlatteriesso coldly and wisely as you would marvel at.’ His speeches ‘would make me but to have pity on him.’ Finally, in the Lennox version of the unproduced Letter, Mary represents herself as ready to ‘abandon her God, put in adventure the loss of her dowry in France, hazard such titles as she had to the crown of England, as heir apparent thereof, and also to the crown of the realm.’ Nothing of this detailed kind occurs, we have seen, in the Letters, as produced. Similar sentiments are found, however, in the first and second Casket Sonnets. ‘Is he not in possession of my body, of my heart which recoils neither from pain, nor dishonour, nor uncertainty of life, nor offence of kindred, nor worse woe? For him I esteem all my friends less than nothing.... I have hazarded for him name and conscience; for him I desire to renounce the world ... in his hands and in his power I place my son’ (which she did not do), ‘my honour, my life, my realm, my subjects, my own subject soul.’
It is certainly open, then, to a defender of Mary to argue that the Letters and Sonnets, as produced and published, show traces of the ideas and expressions employed in the letter described by Moray, and by Lennox. Now that letter, certainly, was never written by Mary. It had to be dropped, for it was inconsistent with a statement as to the murder put forward by the prosecution; Bowton’s examination.
In short, the letter cited by Moray, and by Lennox, the long letter from Glasgow, looks like a sketch, later modified, for Letter II., or a forgery based on Letter II., and suggests that forgeries were, at some period, being attempted. As the Glasgow Letter (II.), actually produced, also contains (see ‘The Internal Evidence’) the highly suspicious passage tallying verbally with Crawford’s deposition, there is no exaggeration in saying that the document would now carry little weight with a jury. Against all this we must not omit to set the failure to discredit the Letters, when published later, by producing the contemporary copies reported by de Silva to be in the hands of La Forest, or du Croc, as early as July, 1567. But the French Government (if ever it had the copies) was not, as we have said, when Buchanan’s ‘Detection’ was thrust on the courtiers, either certain to compare La Forest’s copies and the published Letters critically, or to raise a question over discrepancies, if they existed. In any case neither Charles IX., nor La Mothe Fénelon, in 1571, wrote a word to suggest that they thought the Casket Papers an imposture.
THE LETTERS AT THE CONFERENCE OF YORK
In tracing the history of the mysterious letter cited by Moray in July, 1567, and by Lennox about July, 1568, we have been obliged to diverge from the chronological order of events. We must return to what occurred publicly, as regards the Letters, after Throckmorton was told of their existence, by Lethington in Scotland in July, 1567. Till May, 1568, Mary remained a prisoner in Loch Leven. For some time after July, 1567, we hear nothing more of the Letters. Elizabeth (August 29) bade Throckmorton tell Mary’s party, the Hamiltons, that ‘she well allows their proceedings as far as they concern the relief of the Queen.’ On August 30, Moray asked Cecil to move Elizabeth ‘to continue in her good will of him and his proceedings!’[254]Elizabeth, then, was of both parties: but rather more inclined to that of Mary, despite Throckmorton’s report as to Mary’s Letters. They are next alluded to by Drury, writing from Berwick on October 28, 1567. ‘The writings which comprehended the names and consentsof the chief for the murdering of the King is turned into ashes, the same not unknown to the Queen (Mary) and the same which concerns her part kept to be shown.’[255]
On December 4, the Lords of the Privy Council, ‘and other barons and men of judgement,’ met in Edinburgh. They were mainly members of the Protestant Left.[256]Their Declaration (to be reported presently) was the result, they tell us, of several days of reasoning and debate. Nor is it surprising that they found themselves in a delicate posture. Some of them had been in the conspiracy; others had signed the request to Bothwell that he would marry the Queen, and had solemnly vowed to defend his quarrel, and maintain his innocence. Yet if they would gain a paper and Parliamentary security for their lives and estates (subject to be attainted and forfeited if ever Mary or her son came to power, and wished to avenge Darnley’s murder and the Queen’s imprisonment), they must prove that, in imprisoning Mary, they had acted lawfully. This they demonstrated, though ‘most loth to do so,’ by asking Parliament to approve of all their doings since Darnley’s death (which included their promise to defend Bothwell, and their advice to Mary to marry him). And Parliament wasto approve, because their hostile acts ‘was in the said Queen’s own default, in as far as by divers her private letters, written and subscribed with her own hand, and sent by her to James, Earl Bothwell, chief executor of the said horrible murder, as well before the committing thereof as thereafter, and by her ungodly and dishonourable proceeding in a private marriage with him; ... it is most certain that she was privy, art and part, and of the actual device and deed of the forementioned murder, ... and therefore justly deserves whatsoever has been attempted or shall be used toward her for the said cause....’
From the first, it seems, ‘all men in their hearts were fully persuaded of the authors’ of the crime. Bothwell, to be sure, had been acquitted, both publicly and privately, by his peers and allies. Moray had invited an English envoy to meet him, at a dinner where all the other guests were murderers. People, however, only ‘awaited until God should move the hearts of some to enter in the quarrel of avenging the same’—which they did by letting Bothwell go free, and entrapping Mary! The godly assemblage then explains how ‘God moved the hearts of some.’ The nobles were ‘in just fear’ of being ‘handled’ like Darnley, ‘perceiving the Queen so thrall and bloody’ (sic: probably a miswriting for ‘blindly’) ‘affectionate to the private appetite of that tyrant,’ Bothwell.
The Council thus gave the lie to their own repeated averments, that Bothwell caused Mary to wed him byfear and force. Now she is gracefully spoken of as ‘bloody affectionate.’
It will be observed that, like Moray earlier, they here describe Mary’s Letters as ‘signed.’ The Casket Letters (in our copies) are unsigned. The originals may have been signed, they were reported to La Forest to be signed as late as December, 1568.
On December 15, a Parliament met in Edinburgh. According to Nau, Mary’s secretary, inspired by her, she had already written from prison a long letter to Moray. ‘She demanded permission to be heard in this Parliament, either in person or by deputy, thereby to answer the false calumnies which had beenpublishedabout her since her imprisonment.’ Mary offered to lay down her crown ‘of free will,’ and to ‘submit to all the rigour of the laws’ which she desired to be enforced against Darnley’s murderers. None should be condemned unheard. If not heard, she protested against all the proceedings of the Parliament.[257]
This may be true: this was Mary’s very attitude when accused at Westminster. Mary made the same assertion as to this demand of hers to be heard, in her ‘Appeal to Christian Princes,’ in June, 1568.[258]Not only had she demanded leave to be present, and act as her own advocate, but Atholl and Tullibardine, she said, had admitted the justice of her claim—and just it was. But neither then, nor at Westminster in December, 1568, was Mary allowed to appear and defendherself. She knew too much, could have proved the guilt of some of her accusers, and would have broken up their party. A Scots Parliament always voted with the dominant faction. The Parliament passed an Act in the sense of the resolution of the Council and assessors. The Letters, however, are now described, in this Act, not as ‘signed’ or ‘subscribed,’ but as ‘written wholly with her own hand.’[259]No valuable inference can be drawn from the discrepancy.
Nau says not a word about the Letters, but avers that Herries protested that Mary might not have signed her abdication by free will: her signature might even have been forged. He asked leave, with others, to visit her at Loch Leven, but this was refused. ‘Following his example, many of the Lords refused to sign the Acts of this Parliament.’[260]It appears that the Letters really were ‘produced’ in this Parliament, for Mary’s Lords say so in their Declaration of September 12, 1568, just before the Commissioners met at York. They add that ‘there is in no place’ (of ‘her Majesty’s writing’) ‘mention made, by which her highness might be convict, albeit it were her own handwriting, as it is not.’ The Lords add, ‘and also the same’ (Mary’s ‘writing’) ‘is devysit by themselves in some principal and substantious clauses.’[261]This appears to mean that, while thehandwriting of the Letters is not Mary’s, parts of the substance were really hers, ‘principal and substantious clauses’[262]being introduced by the accusers.
This theory is upheld by Gerdes, and Dr. Sepp, with his hypothesis that the Casket Letters consist of a Diary of Mary’s, mingled with letters of Darnley’s, and interpolated with ‘substantious clauses.’[263]When the originals were produced in England, none of Mary’s party were present to compare them with the Letters shown in the Scottish Parliament.
The Letters are not remarked on again till after Mary’s escape from Loch Leven, and flight into England (May 16, 1568), when Moray writes about them on June 22, 1568.
Wood, in May, as we saw, had carried with him into England copies of the Letters translated into our language: so says the instruction given by Elizabeth’s Government to Middlemore. Moray understood that Elizabeth intended to ‘take trial’ of Mary’s case, ‘with great ceremony and solemnities.’ He is ‘most loth’ to accuse Mary, though, privately or publicly, his party had done so incessantly, for a whole year. Now he asks that those who are to judge the case shall read the Scots translations of the Letters in Wood’s possession (why in Scots, not in the original French?), and shall say whether, if the French originals coincide, the evidence will be deemed sufficient.
Whatever we may think of the fairness of this proposal, it is clear that the French texts, genuine or forged, as they then stood, were already in accordance with the Scots texts, to be displayed by Wood. If the mysterious letter was in Wood’s hands in Scots, doubtless Moray had a forged French version of it. Any important difference in the French texts, when they came to be shown, would have been fatal. But, apparently, they were not shown at this time to Elizabeth.
It is unnecessary to enter on the complicated negotiations which preceded the meeting of Elizabeth’s Commissioners, at York (October, 1568), with Mary’s representatives, and with Moray (who carried the Casket with him) and his allies, Buchanan, Wood, Makgill, Lethington, and others. Mary had the best promises from Elizabeth. She claimed the right of confronting her accusers, from the first. If the worst came to the worst, if the Letters were produced, she believed that she had valid evidence of the guilt of Morton and Lethington, at least. In a Lennox Paper, of 1569, we read: ‘Whereas the Queen said, when she was in Loch Leven, that she had that in black and white that would cause Lethington to hang by the neck, which Letter, if it be possible, it were very needful to be had.’ Nau says that Bothwell, on leaving Mary at Carberry, gave her a band for Darnley’s murder, signed by Morton, Lethington, Balfour, and others, ‘and told her to take good care of that paper.’Some such document, implicating Lethington at least, Mary probably possessed ‘in black and white.’ The fact was known to her accusers, she had warned Lethington as we saw (p. 189), and their knowledge influenced their policy. When Wood wrote to Moray, from Greenwich, on June 12, 1568, as to Scottish Commissioners to meet Elizabeth’s, and discuss Mary’s case, he said that it was much doubted, in England, whether Lethington should be one of them. To Lethington he said that he had expected Mary to approve of his coming, ‘but was then surely informed she had not only written and accused him, and my Lord of Morton as privy to the King’s murder, but affirmed she had both their handwritings to testify the same, which I am willed to signify to you, that you may consider thereof. You know her goodwill towards you, and how prompt of spirit she is to invent anything that might tend to your hurt. The rest I remit to your wisdom.... Mr. Secretary’ (Cecil) ‘and Sir Nicholas’ (Throckmorton) ‘are both direct against your coming here to this trial.’[264]But it was less unsafe for Lethington to come, and perhaps try to make his peace with Mary, than to stay in Scotland. Mary also, in her appeal to all Christian Princes, declares that the handwriting of several of her accusers proves that they are guilty of the crime they lay to her charge.[265]It is fairly certain that she had not the murder band, but something she probablydid possess. And Nau says that she had told Lethington what she knew on June 16, 1567.
If the Casket Letters were now produced, and if Mary were allowed to defend herself, backed by her own charms of voice and tears, then some, at least, of her accusers would not be listened to by that assemblage of Peers and Ambassadors before which she constantly asked leave to plead, ‘in Westminster Hall.’ The Casket Letters, produced by men themselves guilty, would in these circumstances be slurred as probable forgeries. Mary would prefer not to come to extremities, but if she did, as Sussex, one of Elizabeth’s Commissioners, declared, in the opinion of some ‘her proofs would fall out the better.’
This I take to have been Mary’s attitude towards the Letters, this was her last line of defence. Indeed the opinion is corroborated by her letter from Bolton to Lesley (October 5, 1568). She says that Knollys has been tryingtirer les vers du nez(‘to extract her secret plans’), a phrase used in Casket Letter II. ‘My answer is that I would oppose the truth to their false charges,and something which they perchance have not yet heard.’[266]Mr. Froude thinks that Mary trusted to a mere theatrical denial, on the word of a Queen. But I conceive that she had a better policy; and so thought Sussex.
Much earlier, on June 14, 1568, soon after her flight into England, Mary had said to Middlemore, ‘If they’ (her accusers) ‘will needs come, desire mygood sister, the Queen, to write that Lethington and Morton (who be two of the wisest and most able of them to say most against me) may come, and then let me be there in her presence, face to face, to hear their accusations, and to be heard how I can make my own purgation, but I think Lethington would be very loath of that commission.’[267]
Lethington knew Mary’s determination. Wood gave him warning, and his knowledge would explain his extraordinary conduct throughout the Conference at York, and later. As has been said, Mary and he were equally able to ‘blackmail’ each other. Any quarrel with Moray might, and a quarrel finally did, bring on Lethington the charge of guilt as to Darnley’s murder. Once accused (1569), he was driven into Mary’s party, for Mary could probably have sealed his doom.
As to what occurred, when, in October, the Commission of Inquiry met at York, we have the evidence of the letters of Elizabeth’s Commissioners, Norfolk, Sussex, and Sadleyr. We have also the evidence of one of Mary’s Commissioners, Lesley, Bishop of Ross, given on November 6, 1571, when he was prisoner of Elizabeth, in the Tower, for his share in the schemes of the Duke of Norfolk. All confessions are suspicious, and Lesley’s alleged gossip against Mary (she poisoned her first husband, murdered Darnley, led Bothwell to Carberry that he might be slain, and would have done for Norfolk!)is reported by Dr. Wilson, who heard it![268]‘Lord, what a people are these, what a Queen, and what an ambassador!’ cries Wilson, in his letter to Burghley. If Lesley spoke the words attributed to him by Wilson, we can assign scant value to any statement of his whatever: and we assign little or none to Wilson’s.
In his confession (1571) he says that, when he visited Mary, at Bolton, about September 18, 1568, she told him that the York Conference was to end in the pardon, by herself, of her accusers: her own restoration being implied. Lesley answered that he was sorry that she had consented to a conference, for her enemies ‘would utter all that they could,’ rather than apologise. He therefore suggested that she should not accuse them at all, but work for a compromise. Mary said that, from messages of Norfolk to his sister, Lady Scrope, then at Bolton, she deemed him favourable to her, and likely to guide his fellow-commissioners: there was even a rumour of a marriage between Norfolk and herself. Presently, says Lesley, came Robert Melville, ‘before our passing to York,’ bearing letters from Lethington, then at Fast Castle. Lethington hereby (according to Lesley) informed Mary that Moray was determined to speak out, and was bringing the letters, ‘whereof he’ (Lethington) ‘had recovered the copy, and had caused his wife’ (Mary Fleming) ‘write them, which he sent to the Queen.’ He added that he himself wascoming merely to serve Mary:howshe must inform him by Robert Melville. This is Lesley’s revelation. The statements are quite in accordance with our theory, that Lethington, now when there was dire risk that the Letters might come out publicly, and that Mary would ruin him in her own defence, did try to curry favour with the Queen: did send her copies of the Letters.