SECTION VI

THE CONFERENCES AT YORK AND WESTMINSTER

_CONTENTS_

1. The Conference at York.

(_a_) Letter of Murray to Queen Elizabeth.

(_b_) Mary's Instructions to her Commissioners.

(_c_) The formal complaints and replies.

(_d_) The account of the private interview, with the "abstract of

matters" there shown.

(_e_) Sussex's opinion of the evidence.

2. The Conference at Westminster.

(_a_) Mary's Instructions.

(_b_) Murray's "Eik" or additional charge.

(_c_) The answer of Mary's Commissioners to the "Eik."

(_d_) Elizabeth's reply to (_a_).

(_e_) The Privy Council and suggestions for a compromise.

(_f_) Proofs produced at Westminster--the account of the production.

(_g_) Mary's own answer to the "Eik," and her request to see the

originals, with Elizabeth's reply.

(_h_) Mary's request for copies, with Elizabeth's reply.

(_i_) Dissolution of the Conference by Elizabeth.

_MARY IN ENGLAND_

The Conference at York.

[On Mary's arrival in England, Queen Elizabeth declined to meet

her, till she should be cleared from the suspicion of complicity in

the Darnley murder. Mary promptly accused Maitland and Morton of a

share in the crime, and accepted Elizabeth's proposal to have the

case tried at a Conference at York. The Queen of England appointed

as Commissioners, the Duke of Norfolk, the Earl of Sussex, and Sir

Ralph Sadler. The Scottish Queen was represented by Lords Boyd,

Herries, and Livingstone, the Abbot of Kilwinning, Sir John Gordon

of Lochinvar, Sir James Cockburn of Skirving, and John Lesley, the

Bishop of Ross. The Earl of Murray, the Earl of Morton, the Bishop

of Orkney (Adam Bothwell), the Abbot of Dunfermline, and Lord

Lindsay appeared in the name of the young James VI., along with

Maitland of Lethington, George Buchanan, James Macgill, and Henry

Balnaves, as assistants.

Many points of procedure and various formal questions occupied much

of the time of the Conferences. The extracts which follow have been

chosen out of regard to their bearing on the problem of Mary's

guilt or innocence, and especial care has been taken to include

references to the Casket Letters. The letters themselves, and the

depositions which were produced before the Commissioners, will be

found, by themselves, after the account of the Conferences.

The Conference met at York on October 8, and as Mary was, formally,

the plaintiff, her complaint against the Lords was first received.

Thereafter, Murray's reply and a rejoinder from Mary's

representatives were put on record. This was all the formal

business essential for our purpose. But, on October 11th,

Elizabeth's Commissioners received a private visit from Maitland,

Buchanan, Macgill, and Balnaves, who put before them, secretly,

certain documents to prove Mary's guilt. It will be seen from the

letter of the Commissioners to Elizabeth, and the quotations from

the "abstract of matters ... chosen by the Scots," that these

documents consisted of:--

1. A bond signed by the Lords, agreeing to Bothwell's marriage with

the Queen.

2. The Queen's warrant for the signature of the above-mentioned

bond.

3. Two contracts of marriage. (See pp. 201-203.)

4. Two letters arranging for the seizure of the Queen by Bothwell

(_i.e._ two of Letters, vi., vii., and viii., see pp. 190-194).

5. A letter arranging a duel between Darnley and the Lord Robert.

6. The two Glasgow Letters (i. and ii., see pp. 165-182).

7. The Love Sonnets (pp. 195-201).

8. The Letter in which the Jason and Medea comparison occurs.

(Letter iv., see pp. 185-189.)

This list should be compared with the recital of the productions at

Westminster (pp. 143 _et seq._). Maitland informed Queen Mary of

this secret visit, and she complained to Queen Elizabeth, who

summoned all the Commissioners to London, on the ground of greater

convenience.]

_MURRAY AND HIS PROOFS_

_Letter of the Earl of Murray, with information for the Queen

of England_, June 22, 1568. _Goodall_, vol. ii. p. 75, _from the

Paper Office_.

It may be that such letters as we have of the Queen, our Sovereign

Lord's mother, that sufficiently, in our opinion, prove her consenting

to the murther of the King her lawful husband, shall be called in doubt

... therefore, since our servant, Mr. John Wood, has the copies of the

same letters translated in our language, we would earnestly desire that

the said copies may be considered by the judges that shall have the

examination and commission of the matter, that they may resolve us thus

far, in case the principal agree with the copy, that then we prove the

case indeed; for when we have manifested and shown all, and yet shall

have no assurances that what we send shall satisfy for probation, for

what purpose shall we either accuse or seek to prove, when we are not

assured what to prove, or when we have proved, what shall succeed?

_MARY ASSERTS FORGERY_

1568.--September 9. Mary's Instructions to her Commissioners.

_Goodall_, vol. ii. p. 337, from _Queen Mary's Register_ in Cotton

Library.

In case they allege they have any writings of mine, which may infer

presumption against me in that case, ye shall desire the principals to

be produced, and that I myself may have inspection thereof, and make

answer thereto. For ye shall affirm, in my name, I never wrote anything

concerning that matter to any creature; and if any writings be, they are

false and feigned, forged and invented by themselves, only to my

dishonour and slander. And there are divers in Scotland, both men and

women, that can counterfeit my handwriting, and write the like manner of

writing which I use, as well as myself, and principally such as are in

company with themselves. And I doubt not, if I had remained in my own

realm, but I should have gotten knowledge of the inventors and writers

of such writings ere now, to the declaration of my innocency, and

confusion of their falsity.

October 8. Complaint of the Queen of Scots against the Earl of Murray.

_Goodall_, vol. ii. p. 128, from Cott. Lib. Calig., C. i. 197.

That James, Earl of Morton, John, Earl of Mar, Alexander, Earl of

Glencairn, the Lords Howe, Lindsay, Ruthven, Sempill, Cathcart,

Ochiltree, with others their assisters, assembled in arms a great part

of the Queen's grace's subjects, declared by their proclamations it was

for her Grace's relief, beset the road in her passage betwixt her

Grace's castles of Dunbar and Edinburgh, there took her most noble

person, committed her in ward in her own place of Lochleven, ... passed

to the castle of Stirling, and made there fashion of crowning of her son

the Prince....

James, Earl of Murray, took upon him the name of the Regent, ...

intromitted with the whole strengths, munitions, jewels, and patrimony

of the crown, as well property as casualty....

_MURRAY'S APOLOGY FOR THE REVOLUTION_

October 10. The Answer of the Earl of Murray.

_Goodall_, vol. ii. p. 144, from Cott. Lib. Calig., C. i. 202.

_ACCUSATIONS AGAINST MARY_

It is notorious to all men, how umquhile {the late} King Henry, father

to our sovereign Lord, was horribly murdered in his bed. James, sometime

Earl of Bothwell, being well known to be the chief author thereof,

entered into so great credit and authority with the Queen, then our

sovereign, that, within three months after the murder of her husband,

the said Earl ... accomplished a pretended marriage betwix him and the

Queen, which strange and hasty proceeding of that godless and ambitious

man, ... with the ignominy spoken among all nations of that murther, as

though all the nobility had been alike culpable thereof, so moved the

hearts of a good number of them, that they thought nothing more godly

... than by punishing of the said Earl, chief author of the murther, to

relieve others causelessly calumniated thereof, to put the Queen to

freedom, forth of the bondage of that tyrant.... {From the Queen, after

Carberry Hill}, no other answer could be obtained, but vigorous

menacing, on the one part, avowing to be revenged on all them that had

shown themselves in that cause, and on the other part, offering to leave

and give over the realm and all, so she might be suffered to possess the

murtherer of her husband, which her inflexible mind, and extremity of

necessity compelled them to sequestrate her person for a season....

During the which time, she finding herself by long, irksome, and tedious

travail, taken by her in the government of the realm and lieges thereof

... vexed and wearied ... and for other considerations moving her at the

time, therefore demitted and renounced the office of government of the

realm and lieges thereof ... and constituted me, the said Earl of

Murray, I being then absent furth of the realm, and without my

knowledge, Regent to his Grace, the realm, and lieges....

_MARY'S REPLY_

1568.--October 16. Queen Mary's Commissioners' Rejoinder to Murray's

Reply.

_Goodall_, vol. ii. p. 162, from _Queen Mary's Register_

in Cott. Lib. Titus, C. 12.

If he {Bothwell} was the principal author of the murder, the same was

never known nor manifested to her Highness, but the contrary did well

appear to her Grace, by reason the said Earl of Bothwell being

suspected, indited, and orderly summoned by the laws of that realm, was

acquitted by an assize of his Peers, and the same ratified and confirmed

by authority of Parliament, by the greatest part of the nobility ... who

also consented and solicited our said Sovereign to accomplish the said

marriage with him as the man most fit in all the realm of Scotland ...

and they nor none of them ... came to her Highness ... to find fault

with the said Earl concerning the murder foresaid, or yet in any ways

seemed to grudge or disallow the said marriage.... And at the presenting

of the said writings of demission of her crown to her Majesty by the

Lord Lindsay, he menaced her Grace, that if she would not subscribe, he

had command to put her presently in the Tower, and would do the same,

and counselled her to fulfil their desire or worse would shortly follow;

which her Highness subscribed with many tears, never looking what was

contained in the writings, declaring plainly thereafter, if ever her

Grace came to liberty, she would never abide thereat, because it was

against her Majesty's will.... If her Grace had willingly demitted the

same, as her Highness did not, her Highness could not have nominated the

said Earl of Murray Regent, for there were others to have been preferred

to him.

1568.--October 11. Letter to Queen Elizabeth from her Commissioners at

York.

[This letter is printed in the Appendix to vol. ii. of Hosack's

"Mary Queen of Scots, and her Accusers," from Cott. MS. Cal. c. i.

fol. 198. The words or letters within brackets, {}, have been

burnt, the margin being singed. "The words printed in italics,"

says Mr. Hosack, "are very carefully erased with the pen, and, in

some instances, are disguised with head and tail loops, to prevent

their being read, the alterations being written between the lines."

Without the alterations, the letter is printed in Goodall, vol. ii.

p. 139, and elsewhere.]

_THE PROOFS ARE SHOWN PRIVATELY_

_THE COMMISSIONERS' LETTER_

And so they {Moray and his colleagues} sent unto us the Lord of

Lethington, James Macgill, Mr. George Buchanan, and one other being a

Lord of the Session, which in private and secret conference with us, not

as Commissioners, as they protested, but for our better instruction,

afte{r} declaration of such circumstances as led and induced them to

vehement presumptio{n} to judge her guilty of the said murder, shewed

unto us a copy of a bond bear{ing} date the 19th of April 1567, to the

which the most part of the Lords and coun{cil} of Scotland have put to

their hands; and, as they say, more for fear, than any liking they had

of the same. Which bond contained two special points, the one {a}

declaration of Bothwell's purgation of the murder of the Lord Darnley

... and the othe{r} a general consent to his marriage with the Queen....

And yet, in proof that they did it not willingly, they procured a

warrant, which was now shewed unto us, bearing date the 19th {of} April,

signed with the Queen's hand, whereby she gave them licence to agree to

the same.... There was also a contract shewed unto us, signed with the

Queen's hand, and also with Bothwell's, bearing date the fifth of

April.... There was also a contract shewed unto us, of the Queen's own

hand, of the marriage to be had between her and Bothwell, bearing no

date, which had not _verba de praesenti_, as the other had, bearing date

the 5th of April. It appeared also unto us by two letters of her own

hand, that it was by her own practice and consent that Bothwell should

take her and carry her to Dunbar.... After the device of the murder was

determined, as it seemed by the sequel, they inferred upon a letter of

her own hand, that there was another mean of a more cleanly conveyance

devised to kill the King; for there was a quarrel made betwixt him and

the Lord Robert of Holyrood-house, by carrying of false tales betwixt

them, the Queen being the instrument, as they said, to bring it to

pass.... Afterwards they shewed unto us one horrible and long letter of

her own hand, as they say, containing foul matter, and abominable to be

either thought of, or to be written by a Prince, with divers fond

ballads, and other writings before specified, were closed in a little

coffer of silver and gilt heretofore given by her to Bothwell.... And

these men here do constantly affirm the said letters and other writings,

which they produce of her own hand, to be of her own hand in deed; and

do offer to swear and take their oath thereupon, _as in deed_ the matter

contained in them being such as could hardly be invented or devised by

any other than by herself; for that the discourse of some things which

were unknown to any other, than to herself, and Bothwell, _doth the

rather persuade us to believe that they be in deed of her own

handwriting_. And as it is hard to counterfeit so many, _and so long

letters_, so the matter of them, and the manner how these men came by

them, is such, as it seemeth that God (in whose sight murder and

bloodshed of the innocent is abominable) would not permit the same to be

hid or concealed. In a paper here inclosed we have noted to your Majesty

the chief and special points of the said letters, written (as they say)

with her own hand, to the intent it may please your Majesty to consider

of them, and so to judge whether the same be sufficient to convince her

of the detestable crime of the murder of her husband; which in our

opinions and consciences, if the said letters be written with her own

hand, _as we believe_

_they be_, {is very hard to be avoided.

{_is plain and manifest_....

T. NORFOLK.

T. SUSSEX.

R. SADLER.

Abstract of Matters showed to the Queen's Majesty's Commissioners by the

Scots, sent the 11th of October.

_Goodall_, pp. 148-153.

... She wrote to Bothwell, that according to her commission, she would

bring the man with her; praying him to work wisely, or else the whole

burden would lie on her shoulders; and specially to make good watch,

that the bird escaped not out of the cage. {Letter iv., see pp.

185-189.}

_QUOTATIONS FROM THE LETTERS_

Notes drawn forth of the Queen's Letters sent to the Earl Bothwell.

... _Item._ ... We are coupled with twa fals racis; the devill syndere

us, and God mot knit us togidder for ever for the maist faithful cupple

that ever he unitit. This is my faith, I will die in it.

... _Item._ ... Wareit {cursed} mocht this pokishe man be, that causes

me haif sa meikill pane, for without hym I wald haif ane far mair

plesant subject to discourse upoun. He is not oer meikle spilt, bot he

has gottin verray mekill; he has almaist slane me with his braith; it is

war nor your unclis, and zeit {yet} I cum na neirar bot sat in ane cheir

at the bedfute, and he beand {being} at the uther end thairof.

... _Item._ ... Send me advertisement quhat I sall do, and quhatsumever

sall cum thairof I sall obey you; advys to with yourself. Yf ye can fynd

out any mair secreit inventioun be medecein, and the baith in

Craigmillar.

... _Item._ ... "For certaintie he suspectis that thing ye know, and of

his lyif: bot as to the last, how sone I speak twa or thrie guid wordis

unto hym, he rejois and is out of doubt."

... _Item._ ... Sie not his quhas fenzeit tearis suld not be sa mekill

praysit, nor estemyt, as the trew and faythfull travaillis quhilk I

sustene to merit hir place, for obteyning of quhilk, againis my

naturall. I betray thame that may impesche me. God forgive me, and God

gif you, my onlie luif, the hope and prosperitie that your humble and

faythfull luif desyris unto yow, quha hoipis schortlie to be ane uther

thing unto yow. {Letter, ii. pp. 167-182.}

... _Item._ ... As to me, howbeit I heir no farther newes from yow.

According to my commission, I bring the man with me to Craigmillar upon

Munday, quhair he will be all Wednisday. {Letter i., pp. 165-6.}

... _Item._ ... In ane uther lettre, "I pray you, according to your

promeis, to discharge your hart to me, utherwayis I will think that my

malheure, and the guid composing of thame, that hes not the third part

of the faythfull and willing obedience unto yow that I beyre, has wyne,

againis my will, that advantage over me quhilk the secund luif of Jason

wan; not that I wolde compair yow to ane soe unhappie as he was, nor yit

myself to ane soe unpetifull a woman as she...." {Letter iv., p. 185.}

_COMMISSION REMOVED TO WESTMINSTER_

The Conference at Westminster.

[At the beginning of the Westminster Conference, Mary found herself

"ever straiter and straiter kept from liberty," and demanded to be

allowed to appear in person. Her request and Elizabeth's reply will

be found on pp. 145, 148. On the 26th November, Murray made his

"eik" or additional charge. For the relevant portions of this

document, and of the reply of Mary's Commissioners, see pp. 146-7.

On December 6th, Mary's representatives protested that they would

withdraw from the Conference if their mistress's demand were not

granted. Cecil declined, on a formal point, to receive the protest.

On the 6th, 7th, and 8th, Murray produced his proofs. On the 9th,

the protest was accepted, and Mary's Commissioners withdrew. After

their retirement further evidence was received. It may be of use to

enumerate the documents produced at Westminster:--

_PRODUCTIONS AT WESTMINSTER_

The Book of Articles.

Acts of Parliament ratifying the proceedings of the insurgent

Lords.

Two contracts of marriage, and record of Bothwell's trial and

divorce.

Five of the six letters produced at York, three additional letters,

and the sonnets (pp. 162-201).

Recognition of the Regent's Government by Huntly, Argyll, and

Herries (pp. 154-5).

Depositions and confessions of Hay, Hepburn, Powrie, Dalgleish,

Nelson, and Crawford.

Murray's "Journal or Diary of Events."

The Book of Articles is a document of considerable length. It is a

summary of the charges against the Queen of Scots, but contains no

important charge which is not to be found elsewhere. The reader is

already in possession of its essential allegations. It formed the

material for Buchanan's "Detectio," with which it is, at times,

almost identical. It is printed, from the Hopetoun MS., in Hosack's

"Mary," I. App. B. For the depositions of Nelson and Crawford, see

pp. 207-213. The depositions of Hay, Hepburn, Powrie, and Dalgleish

do not directly accuse the Queen of the murder, beyond stating that

the powder was placed in her room, and they have therefore been

omitted. The question of the position of the powder is discussed in

Hosack, vol. i. pp. 247-8, and the reader is referred to the

authorities there quoted, and to Mr. Hay Fleming's "Mary Queen of

Scots," pp. 435-6 (_cf._ also pp. 219-220). The confession of

Hepburn (English edition of Buchanan's "Detection") contains the

following sentence:--"He said, let no man do evil for counsel of

great men ... for surely I thought that night that the deed was

done, that although knowledge should be gotten, no man durst have

said it was evil done, seeing the handwriting and acknowledging the

Queen's mind thereto." No question was put to Dalgleish regarding

the casket found in his possession.

A quotation from Murray's "Diary," so far as it bears on the

murder, will be found on pp. 213-215.]

_The Earl of Sussex to Sir William Cecil_, October 22, 1568.

_Lodge: Illustrations of British History._

This matter must at length take end, either by finding the Scotch Queen

guilty of the crimes that are objected against her, or by some manner of

composition with a show of saving her honour. The first, I think, will

hardly be attempted, for two causes, the one, for that if her adverse

party accuse her of the murder by producing of her letters, she will

deny them, and accuse the most of them of manifest consent to the

murder, hardly to be denied; so as, upon the trial on both sides, her

proofs will judicially fall best out, as it is thought. The other, for

that their young King is of tender and weak years and state of body; and

if God should call him, and their Queen were judicially defaced ...

Hamilton, upon his death, should succeed; which Murray's faction utterly

detest.

_MARY'S REQUEST_

1568.--November 22. Mary to her Commissioners.

_Goodall_, vol. ii. p. 185, _from Queen Mary's Register_,

Cott. Lib., Titius C. 12.

Ye shall afore our sister, her nobility, and the whole ambassadors of

strange countries, desire, in our name, that we may be licensed to come

in proper person afore them all, to answer to that which may or can be

proposed and alleged against us by the calumnies of our rebels, since

they have free access to accuse us.... And now the said Earl of Murray

being permitted to come into her presence, which if the like be not

granted us, as is reasonable, and yet our sister will condemn us in our

absence, not having place to answer for ourselves, as justice requires;

in consideration of the premisses ye shall break off your conference,

and proceed no further therein, but take your leave and come away.

_THE REGENT'S "EIK"_

1568.--November 26. Murray's "Eik" or Additional Charge.

_Goodall_, vol. ii. p. 206, from Cott. Lib. Calig., C. i. 230.

Whereas in our former answer, upon good respects mentioned in our

protestation, we kept back the chiefest causes and grounds, whereupon

our actions and whole proceedings were founded, wherewithal seeing our

adversaries will not content themselves; but by their obstinate and

earnest pressing we are compelled, for justifying of our cause, to

manifest the naked truth. It is certain, and we boldly and constantly

affirm, that as James, sometime Earl of Bothwell, was the chief executor

of the horrible and unworthy murder, perpetrated in the person of

umquhile King Henry of good memory, father to our sovereign Lord, and

the Queen's lawful husband, so was she of the foreknowledge, counsel,

device, persuader and commander of the said murder to be done,

maintainer and fortifier of the executors thereof, by impeding and

stopping of the inquisition and punishment due for the same, according

to the laws of the realm, and, consequently, by marriage with the said

James, sometime Earl Bothwell, delated and universally esteemed chief

author of the above-named murder. Where through they began to use and

exercise an uncouth and cruel tyranny in the whole state of the

commonwealth, and with the first (as well appeared by their proceedings)

intended to cause the innocent Prince, now our Sovereign Lord, shortly

follow his father, and so to transfer the crown from the right line to a

bloody murderer and godless tyrant. In which respect the estates of the

realm of Scotland finding her unworthy to reign, decreed her demission

of the Crown, with the coronation of our sovereign Lord, and

establishing of the regiment of that realm, in the person of me, the

Earl of Murray....

JAMES, REGENT.

PATRICK, L. LINDSAY.

MORTON.

AD. ORKAD.

DUNFERMLINE.

_ANSWER TO THE "EIK"_

1568.--December 1. The Answer of Queen Mary's Commissioners to the

"Eik."

_Goodall_, vol. ii. p. 213, _from Queen Mary's Register_.

My Lords,--We are heartily sorry to hear that our countrymen should

intend to colour their most unjust, ingrate, and shameful doings.... Her

Highness made the greatest of them of mean men, if they had used their

own calling, Earls and Lords, and now, without any evil deserving on her

Grace's part to any of them in deed or word, to be thuswise recompensed

with calumnious and false invented bruits {rumours}, slandered in so

great a matter, to her reproach, whereof they themselves, that now

pretend herewith to excuse their own treasons, were the first inventors,

writers with their own hands of that devilish band, the conspiracy of

the slaughter of that innocent young gentleman, Henry Stewart, late

spouse till our sovereign, and presented to their wicked confederate,

James, Earl Bothwell, as was made manifest before ten thousand people at

the execution of certain the principal offenders at Edinburgh....

_MARY AND ELIZABETH_

The Queen's Highness, our and their native sovereign, ... gave them in

her youth ... the twa part (two-thirds) of the patrimony pertaining to

the Crown of Scotland, and seeing that her successors, Kings of that

realm, might not maintain their estate upon the third part ... for their

evil deservings and most proud contemption ... caused her use the

privilege of the laws always granted to the Kings of that realm before,

and make revocation before her full age of xxv. years, ... so that it

was not the punishment of that slaughter that moved them to this proud

rebellion, but the usurping of their Sovereign's supreme authority, and

to possess themselves with her great riches....

... Our desire is most earnestly that it should be the Queen's Majesty's

pleasure that our Sovereign may be admitted to come into the presence of

the Queen's Highness of this realm, her whole nobility, and also in

presence of the ambassadors of foreign countries, for more true

declaration of her innocency.

1568.--December 4. Elizabeth's Answer.

_Goodall_, vol. ii. p. 222, _from Queen Mary's Register_.

I think it very reasonable that she should be heard in her own cause,

being so weighty; but to determine whom before, when and what, any time

before I understand how they will verify their allegation, I am not as

yet resolved.

_THE PRIVY COUNCIL_

1568.--Dec. 4. Proceedings of the Privy Council.

_Goodall_, vol. ii. p. 223, _from the Journal of the

Privy Council of England_.

Die Sabbati, 4 Decembris 1568, Hora prima post meridiem.

_Present._

THE QUEEN'S MAJESTY.

The Lord Keeper {Sir Nicholas Bacon}.

Duke of Norfolk.

Marquis {of Northampton}.

Lord Steward {Pembroke}.

Earl Essex.

Earl Bedford.

Earl Leicester.

Lord Admiral {Lord Clinton}.

Lord Chamberlain {Lord Howard of Effingham}.

Sir William Cecil.

Sir Ralph Sadler.

Sir Walt. Mildmay.

The said Bishop {of Ross} and his colleagues, before they came to the

Court, sent a message to the Earl of Leicester and Sir William Cecil,

requiring to speak with them two apart.... And thereupon the said

Commissioners came into the Earl of Leicester's chamber, where the said

Bishop in the name of the rest said ... That although the Earl of Murray

and his complices had delivered in writing a grievous accusation against

the Queen, their Sovereign, and that they were prohibited to make any

further answer to any such matter, but only to desire the Queen of Scots

might come in person to the presence of the Queen's Majesty to make any

further answer to any such matter; yet they having considered with

themselves their mistress's intention to have been always from the

beginning, that these causes should be ended by the Queen's Majesty by

some such good appointment betwix her and her subjects, as might be for

her Grace's honour and the common weal of the country, with surety also

to the Earl of Murray, and his party ... thought good to declare thus

much to the said Earl and Sir William Cecil....

_COUNCIL PROCEEDINGS_

After the said Bishop had reiterated the said motion, as above is

mentioned, the Queen's Majesty said: "... Trusting and wishing that the

Queen, her sister, should be found innocent, ... she thought it better

for her sister's honour and declaration to the world of her innocency,

to have the Earl of Murray and his complices charged and reproved for

this their so audacious defaming of the Queen, their sovereign, and to

receive that which was due for their punishment, than to have it ended

by appointment, except it might be thought that they should be able to

show some apparent just causes of such an attempt, whereof her Majesty

would be sorry to hear. And as for the Queen of Scots coming in person

to her Majesty to make answer hereunto, the same being of no small

moment to her honour, but rather likely to touch her in reputation, in

that it might be thought the accusation so probable, as it not to be

improved {disproved} by any other, but that she should be forced to come

herself, being a Queen, in person to answer for herself, her Majesty

said she would not have the Queen's honour and estate in that matter

endangered without this their accusation might first appear to have more

likelihood of just cause than she did find therein....

Hereunto the Queen of Scots' Commissioners said that this last motion

for an appointment came not from the Queen since the accusation given in

by the Earl of Murray, and so also the Queen's Majesty assented thereto,

but of their own consideration."

_PRODUCTION OF THE PROOFS_

1568.--Dec. 6. Proofs produced at Westminster.

_Goodall_, vol. ii. p. 231, _from the Journal of the Commissioners_.

... They {Murray and others} would show unto her Majesty's Commissioners

a collection made in writing of the presumptions and circumstances, by

the which it should evidently appear that as the Earl Bothwell was the

chief murtherer of the King, so was the Queen a deviser and maintainer

thereof; the which writing followeth thus. Articles containing certain

conjectures, &c. {the Book of Articles. See _supra_, p. 144}.

After the reading hereof they also said that according to the truth

contained in the same, the three estates of Parliament, called by the

King, now present, their whole actions and proceedings from the murther

of the late King were ratified and approved to be lawful....

_Hosack I., App. C., from State Papers_ (_Mary, Queen of Scots_),

1568, vol. ii. p. 61, December 7, 1568.

... The Queen's Majesty's Commissioners having heard the foresaid Book

of Articles read unto them ... entered into a new hearing of the Book of

Articles, whereof having heard three of the chapters or heads, the Earl

of Murray and his colleagues, according to the appointment, came to the

said Commissioners and said: 'They trusted that, after the reading of

the Book of Articles, and specially upon the sight of the Act of

Parliament, wherein the whole cause wherewith their adversaries did

charge them, were found, declared, and concluded to be lawful; their

Lordships would be satisfied to think them clear and void of such crime

as her Majesty did charge them withal.... They required to know whether

their Lordships were not now satisfied with such things as they had

seen, and if they were not, and that it would please them to show if in

any part of these Articles exhibited they conceived any doubt, or would

have any other proof, which they trusted, needed not.... {The

Commissioners declined to give any opinion on this point.}

_THE CASKET_

And so they produced a small gilded coffer of not fully one foot long,

being garnished in many places with the Roman letter F set under a Royal

Crown, wherein were certain letters and writings, and as they said and

affirmed to have been written with the Queen of Scots' own hand, to the

Earl Bothwell, which coffer, as they said, being left in the Castle of

Edinburgh by the said Earl Bothwell before his flying away, was sent for

by one George Dalgleish, his servant, who was taken by the Earl of

Morton, who also thereto sitting presently as one of the Commissioners

avowed upon his oath the same to be true, and the writings to be the

very same without any manner of change, and before they would exhibit

the sight of these letters they exhibited {the two marriage

contracts}.... After this the said Earl and his colleagues offered to

show certain proofs, not only of the Queen's hate towards the King, her

husband, but also of unordinate love towards Bothwell, for which purpose

they produced a letter written in French and in Roman hand, which they

averred to be a letter of the said Queen's own hand to Bothwell when she

was at Glasgow with her husband, at the time she went to bring him to

Edinburgh, the tenour of which letter hereafter followeth: Il semble que

avecques ure absence, &c. {Letter i. p. 165.}

_ITS CONTENTS_

After this they produced for the same purpose one other long letter

written also with the like hand, and in French, ... the tenour of all

which letter followeth hereafter: Estant party du lieu, &c. {Letter ii.

p. 167.}

_Goodall_, vol. ii. p. 235, _from the Journal of the Commissioners_,

December 8.

They produced seven several writings written in French in the like Roman

hand, as others her letters which were shewed yesternight and avowed by

them to be written by the said Queen, which seven writings, being

copied, were read in French, and a due collation made thereof as near as

could be by reading and inspection, and made to accord with the

originals, which the said Earl of Murray required to be redelivered, and

did thereupon deliver the copies being collationed, the tenour of all

which seven writings hereafter follow in order, the first being in

manner of a sonnet,

"O Dieux, ayez de moy," &c.

[This is the first line of the first of the collection of sonnets,

which will be found on pp. 195-201. The other six "writings" are

Letters iii.-viii., on pp. 162-195.]

_DEPOSITIONS_

After this they did produce and show three several writings in English,

subscribed and signed by Sir John Bellenden, Knight, Justice-Clerk in

Scotland, whereof the first contained two several examinations, the

first of John Hay, the younger of Talla, the 13th of September, anno

1567, the second of John Hepburn, called John of Bolton, being examined

upon the murder of the King, the 8th of December 1567. The third writing

containeth the examination of one George Dalgleish, the 26th of June in

the same year, 1567. All which writings ... were delivered to the said

Commissioners, the true tenour whereof hereafter followeth, _Apud

Edinburgh_, 13 die mensis Septembris.

After this they produced and showed forth in writing, subscribed

likewise by the said Justice-Clerk, a copy of the process, verdict, and

judgment against the foresaid John Hepburn, John Hay, William Powrie,

and George Dalgleish, as culpable of the murder of the said King, which

being read, was also delivered, and the tenours thereof hereafter

followeth, _Curia justiciariae S. D. N. regis_, &c. After this they

produced and shewed forth a writing in a long paper, being, as they

said, the judgment and condemnation by Parliament of the Earl Bothwell,

James Ormiston, Robert Ormiston, Patrick Wilson, and Paris, a Frenchman,

Sym, Armstrong, and William Murray, as guilty sundry ways of treason for

the murder of the King. The tenour whereof thus followeth: _In the

Parliament holden at Edinburgh, the 20th day of December_.

After this they produced and showed a writing signed by Mr. James

Macgill, Clerk of the register, containing a request, by way of

protestation, by the Earls of Huntly and Argyle, and the Lord Herries,

by the which they require to have no fault imputed unto them for not

doing their duty since the 10th of June 1567, until the 29th of December

then following, for the which, by order of Parliament, they were

acquitted....

_THE FINDING OF THE CASKET_

_Goodall_, vol. ii. p. 239, from _Journal of the Commissioners_,

Cott. Lib. Calig., c. i. p. 252, Dec. 9, 1568.

The Queen's Majesty's Commissioners being occupied in perusing and

reading certain letters and sonnets written in French, being duly

translated into English, and other writings also exhibited yesterday to

them by the Earl of Murray and his colleagues.... After this the Earl of

Murray and his colleagues came ... and first the Earl Morton said, that

where heretofore he had declared by speech, the manner how he came to

the little gilt coffer with the letters, sonnets, and contracts of

marriage therein found, and heretofore exhibited: he had caused the same

to be put in writing, which also he produced subscribed with his hand,

and desired to have it read: which being done, he avowed upon his

honour, and the oath which he already took, the same to be true, the

tenor whereof followeth, _The true declaration and report_, &c. (see p.

203).

After this the Earl of Murray required that one Thomas Nelson, late

servitor to the King that was murdered ... might be heard upon his oath

to report his knowledge therein, who, being produced, did present a

writing in form of answer of himself to an examination, which being read

unto him, he did by a corporal oath affirm the same to be true ... (see

p. 207) ...

_CRAWFORD'S EVIDENCE_

The like request was made that one Thomas Crawford, a gentleman of the

Earl of Lennox, might be also heard upon his oath, who was, as they

said, the same party of whom mention is made in a long letter written in

French, and exhibited the 7th of this month.... Whereupon the said

Thomas Crawford ... did present a writing, which he said he caused to be

made according to the truth of his knowledge, which being read he

affirmed upon his corporal oath there taken to be true, the tenour

whereof hereafter followeth. The words betwixt the Queen, &c.... The

said Crawford said ... that he ... was secretly informed by the King of

all things which had passed betwixt the said Queen and the King, to the

intent he should report the same to the Earl of Lennox his master ...

and that he did, immediately at the same time, write the same word by

word as near as he possibly could carry the same away ... (see p. 208).

_Journal of the Privy Council of Hampton Court_,

December 14, 1568. _Goodall_, ii. 254.

There were produced sundry letters written in French, supposed to be

written by the Queen of Scots' own hand, were then also presently

produced and perused; and being read were duly conferred and compared,

for the manner of writing and fashion of orthography, with sundry other

letters long since heretofore written, and sent by the Queen of Scots to

the Queen's Majesty. {The attestation of Morton and the depositions were

then read.} ... And forasmuch as the night approached, it was thought

good to defer the further declaration of the rest until the next day

following.

_Ibid._, December 15.

[The Book of Articles, depositions, and contracts were produced,

along with Acts of the Scottish Parliament.]

And it is to be noted, that, at the time of the producing, shewing, and

reading of all these foresaid writings, there was no special choice nor

regard had to the order of the producing thereof, but the whole writings

lying all together upon the Council table, the same were one after

another showed rather by hap, as the same did lie upon the table, than

with any choice made, as by the natures thereof, if time had so served,

might have been.

_MARY'S PERSONAL ANSWER_

1568.--December 19. Queen Mary's own Answer to the "Eik."

_Mary to her Commissioners. Goodall_, vol. ii. p. 288,

from Cott. Lib. Calig., b. ix. p. 287.

We have received the eik given in by the Earl of Murray and his

complices. And where they have said thereintill, or at any time, that we

knew, counselled, devised, persuaded, or commended the murther of our

husband, they have falsely, traitorously, and meschantlie lied; imputing

unto us the crime whereof they themselves are authors, inventors, doers,

and some of them proper executors. And where they allege we stopped

inquisition, and due punishment to be made on the said murther; and

siclike {similarly} of the sequel of the marriage with the Earl

Bothwell; it is sufficiently answered in the reply given in at York to

their two points.... And where they charge us with unnatural kindness

towards our son, alleging we intended to have caused him follow his

father hastily: Howbeit the natural love the mother bears to her only

bairn is sufficient to confound them, and misteris {requires} no other

answer. Yet, considering their proceedings by-past, who did wrong him in

our womb, intending to have slain him and us both, there is none of good

judgment but they may easily perceive their hypocrisy, how they would

fortify themselves in our son's name, till their tyranny were better

established.

_DEMAND TO SEE ELIZABETH_

And to the effect our good sister may understand we are not willing to

let their false invented allegations pass over with silence, adhering to

your former protestations, ye shall desire the inspection and doubles of

all that they have produced against us; and that we may see the alleged

principal {original} writings, if they have any, produced; and with

God's grace we shall make our answer thereto, that our innocence shall

be known to our good sister, and to all other Princes; and similarly

shall charge them as authors, inventors, and doers of the said crime

they would impute to us, and prove the same sufficiently, so that we may

have our good sister's presence, as our adversaries have had, and

reasonable space and time to get such verification as appertains

thereto. And protest that we may add thereto as time place and need

shall require.

[In accordance with these instructions, Mary's Commissioners made

the request before Elizabeth and her Council on 25th December, and

received the following reply:--]

Which desire her Majesty thought very reasonable, and declared her to be

very glad that her good sister would make answer in that manner for

defence of her honour. And to the effect her Majesty might be the better

advised upon their desires, and give answer thereto, desired an extract

of the said writing to be given to her Highness. (Goodall, p. 282, from

"Queen Mary's Register," as before.)

_HAMPTON COURT_

1569.--January 7. Proceedings at Hampton Court.

_Goodall_, vol. ii. p. 297, from _Queen Mary's Register_.

The which day the said Bishop of Ross, Lord Herries, and Abbot of

Kilwinning, passed to the presence of the Queen's Majesty of England,

her Highness's council being also present, and declared, that they had

presently received writings from the Queen's Majesty of Scotland, their

sovereign, by the which they were of new commanded to signify unto her

Majesty, that she would answer to the calumnious accusation of her

subjects, and also would accuse them as principal authors, inventors,

and executors of that deid for the which she was falsely accused by

them, conform to the writings presented of before in her name, and

therefore desired the writings produced by her inobedient subjects, or,

at the least, the copies thereof, to be delivered unto thame, that their

mistress might fully answer thereto as was desired.

And the Queen's Majesty of England took to be advised therewith, and

promised to give answer within two or three days.

_ELIZABETH'S DECISION_

1569.--January 10. At Hampton Court.

_Ibid._ (p. 305).

The which day the said Earl of Murray, and his complices, came before

the Queen's Majesty of England, where Sir William Cecil, secretary, at

the Queen's Majesty's command, and her Highness's council, gave them

such answer in effect as follows:--

Whereas the Earl of Murray, and his adherents, come into this realm, at

the desire of the Queen's Majesty of England, to answer to such things

as the Queen their sovereign objected against them, and their

allegiances; for so much as there has been nothing deduced against them,

as yet, that may impair their honour or allegiances; and, on the other

part, there had been nothing sufficiently produced nor shown by them

against the Queen, their sovereign, whereby the Queen of England should

conceive or take any evil opinion of the Queen, her good sister, for

anything yet seen; and there being alleged by the Earl of Murray the

unquiet state and disorder of the realm of Scotland, now in his absence,

her Majesty thinketh meet not to restrain any farther the said Earl and

his adherents' liberty; but suffer him and them, at their pleasure to

depart, relinquishing them in the same estate in the which they were of

before their coming within this realm, till she hear farther of their

Queen of Scotland's answer, to such things as have been alleged against

her.

_MARY'S PROTEST_

[Next day, Mary's Commissioners protested and again demanded

"copies of the pretended writings given in." On the 13th they

repeated their demand, and received a promise "that she {Elizabeth}

will not refuse unto the Queen, her good sister, to give the

doubles of all that was produced." (Goodall.) The copies not being

forthcoming, Mary applied to the French ambassador, La Mothe

Fenelon, for help. Elizabeth promised that they should be produced

immediately, but, when Fenelon again approached her on the subject,

he was informed that Mary had, in a letter, accused the English

Queen of partiality. (Fenelon, i. 133 and 162.) The matter was

forgotten in the negotiations for Mary's marriage with the Duke of

Norfolk, and in the conspiracy which followed.]

Mary Queen of Scots, 1542-1587 · 第 6 / 8 章