The Mystery of Mary Stuart

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 own suite, as to words spoken by her in their own ears. Therefore it would seem to have been written after June 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 mysterious epistle, 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 mere hearsay, 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 a pièce de conviction which 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 declare to 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’s letter 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 at York, 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, substituted for 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 by Lennox; 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, but witnesses of 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 final choice 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,’ ‘flattering and sweet words,’ which have ‘almost overcome her.’ In the English text of Letter II., Darnley ‘used so many kinds of flatteries so 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.

XI

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 consents of 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 was to 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 by fear 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 been published about 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 defend herself. 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 the handwriting of the Letters is not Mary’s, parts of the substance were really hers, ‘principal and substantious clauses’[262] being introduced by the accusers.