To Sussex, the one object was to keep Mary in England; a thing easy if

Moray produced his proofs, and if Elizabeth, ‘by virtue of her

superiority over Scotland,’ gave a verdict against Mary. But Sussex

thought that the proofs of Moray ‘will not fall out sufficiently to

determine judicially, if she denies her letters.’

This was the opinion of a cool, unprejudiced, and well-informed observer.

Mary’s guilt could not, he doubted, be judicially proved. Moray’s party,

he might have added, would have been ruined by an acknowledgment of

English suzerainty. The one thing was to prevent the Scots from patching a

peace with Mary. And, to that end, though Sussex does not say so, Mary

must not be allowed to appear in her own defence.

On October 30, Elizabeth held a great Council at Hampton Court. Mary’s

Commissioners, and then those of the Lords, were to have audience of her.

Mary’s men were to be told that Elizabeth wished ‘certain difficulties

resolved.’ To the Lords, she would say that they should produce their

charges: if they were valid, Elizabeth would protect them, and detain Mary

during their pleasure. As Mary was sure to hear of this plan, she was to

be removed from Bolton to Tutbury, which was not done till later. Various

peers were to be added to the English Commission, but not the foreign

Ambassadors; though, on June 20, the Council reckoned it fair to admit

them.[297]

Mary heard of all this, and of Moray’s admission to Elizabeth’s

presence, from Hepburn of Riccartoun, Bothwell’s friend and kinsman

(November 21).[298] On November 22, therefore, she wrote to bid her

Commissioners break up the Conference, if she, the accused, was denied the

freedom to be present, conceded to Moray, the accuser. Nothing could be

more correct, but, at the same time, in ‘a missive letter’ Mary suggested

to her Commissioners that they should again try to compromise, saving her

crown and honour.[299] These would not have been saved by the compromise

which, according to Robert Melville, Norfolk forbade her to make.

XII

_THE LETTERS AT WESTMINSTER AND HAMPTON COURT_

The Commission opened on November 25 at Westminster, after Elizabeth had

protested that she would not ‘take upon her to be judge.’[300]

On the 26th Moray put in a written Protestation, as to their reluctance in

accusing Mary. They then put in an ‘Eik,’ or addition, with the formal

charge.[301] On the 29th November, the Lords said that this charge might

be handed to Mary’s Commissioners. Lennox appeared as an accuser, and put

in ‘A Discourse of the Usage’ of Darnley by Mary: the last of his

Indictments. It covered three sheets of paper. Mary’s men now entered,

received Moray’s accusation, retired, discussed it, and asked for a delay

for consideration. On December 1, they returned. Moray’s ‘Eik’ of

accusation had been presented to Mary’s Commissioners on November 29.

James Melville says that Lethington was not present, had ‘a sore heart,’

and whispered to Moray that he had shamed himself for ever. The Letters

would come out. Mary would retort. Lethington would be undone. Mary’s men

might have been expected, as they asked for a delay, to protract it till

they could consult their mistress. The wintry weather was evil, the roads

were foul, communication was slow, and the injustice to Mary of keeping

her at four or five days’ distance from her representatives was

disgraceful. Instead of consulting her, the Commissioners for Mary met the

English on December 1.

They had none of her courage, and Herries had plainly shown to Elizabeth

his want of confidence in Mary’s innocence. In June he had asked Elizabeth

what she meant to do if appearances proved against Mary. And he told Mary

that he had done so.[302] He now read a tame speech, inveighing against

the accusers, and declaring that, when the cause should be further tried,

some of them would be proved guilty of entering into bands for Darnley’s

murder. Lesley followed, stating that he and his fellows must see

Elizabeth, and communicate to her Mary’s demand to be heard in person,

before Elizabeth, the Peers, and the Ambassadors; while the accusers must

be detained till the end of the cause.[303] On December 3, Lesley and the

rest presented these demands to Elizabeth at Hampton Court. The Council

later put the request before legal advisers, who replied at length. They

answered that even God (though He was fully acquainted with all the

circumstances) did not condemn Adam and Eve unheard. But as to Mary’s

non-recognition of a mortal judge, that was absurd. If she meant to be

heard, she tacitly acknowledged the jurisdiction: which is perfectly true.

A door must be open or shut. Thirdly, it was ridiculous to ask Elizabeth

to be present, but only as a spectator. Fourthly, it was no less absurd to

ask all the nobles to attend a trial which might be long, but they might

choose representatives, if Mary desired it, to appear when convenient.

Fifthly, it was ridiculous to demand the presence of ambassadors, who

would be neither prosecutors, defenders, judges, clerks, nor witnesses:

they could only be lookers-on, like other people. That the scene should be

London was reasonable, but it might be elsewhere.

There was this addition (_puis est adjouxté_), ‘We think this voluntary

offer’ (of Mary) ‘so important that, in our opinion, all her demands

should be granted, without prejudice or contravention to the Queen of

England, so that none may be able to say a word against the manner of

procedure.’[304]

To myself it appears that the majority of the civilians consulted returned

the reply which insists that Mary must be tried with acknowledgment of

jurisdiction, if she is to be heard at all, and that the addition,

declaring her demands just, is the conclusion of a minority. Mary wanted

the pomp and publicity of a great trial, which, after all, was to be a

mere appeal to public opinion. As Queen of Scots, she could not destroy

the fruits of Bannockburn and the wars of Independence, by acknowledging

an English sovereign as her Judge and Superior. She could not return to

the position of John Balliol under Edward I. She had been beguiled into

confiding her cause to Elizabeth, and this was the result.

On December 4, Mary’s men, without consulting her, made a fatal error.

Before seeing Elizabeth they met Leicester and Cecil, in a room apart, and

asked that Elizabeth should be informed of their readiness, even now, to

make a compromise, with surety to Moray and his party. Now Mary had

declared to Knollys that, if once Moray accused her publicly, they were

‘past all reconciliation.’ That was the only defensible position, yet her

Commissioners, perhaps with her approval, receded from it. Elizabeth

seized the opportunity. It was better, she said, and rightly, for her

sister’s honour, that Mary’s accusers should be charged with their

audacious defaming of their Queen, and punished for the same, unless they

could show ‘apparent just causes of such an attempt.’ In fact, Elizabeth

must see the Letters, or cause them to be seen by her nobles. She could

not admit Mary in person while, as at present, there seemed so little to

justify the need of her appearance--for the Letters had not yet been

shown. When they were shown, it would probably turn out, she said, that

Mary need not appear at all.

The unhappy Scottish Commissioners tried to repair a blunder, which

clearly arose from their undeniable want of confidence in their cause. The

proposal for a compromise, they said, was entirely their own. We remember

that, by Norfolk’s desire, Mary had already refused a compromise to which

she had once consented. She would probably, in the now existing

circumstances, have adhered to her resolution.[305]

On December 6, Moray and his party were at Westminster to produce their

proofs. But Lesley put in a protest that he must, in that case, withdraw.

The English Commissioners declared that, in this protest, Elizabeth’s

words of December 4 were misrepresented: her words (as to seeing Moray’s

proofs) having, in fact, been utterly ambiguous. She had first averred

that Moray must be punished if he should be unable to show some apparent

just causes ‘of such an attempt,’ and then, at a later stage of the

conversation, had ‘answered that she meant not to require any proofs.’ So

runs the report, annotated and endorsed by Cecil.[306] But now the Council

were sitting to receive the proofs which Elizabeth had first declared that

she would, and then that she would not ask for, while, after vowing that

she would not ask for them, she had said that she ‘would receive them for

her own satisfaction’!

The words of the protest by Mary’s Commissioners described all this, and

the production of proofs in Mary’s absence, as ‘a preposterous

order.’[307] No more preposterous proceedings were ever heard of in

history. The English Commissioners, seizing on the words ‘a preposterous

order,’ declined to receive the protest till it should be amended, and at

once called on Moray to produce his proofs. Moray then put in the ‘Book of

Articles,’ ‘containing certain conjectures,’ a long arraignment of Mary.

In the Lennox Papers is a shorter collection of ‘Probable and Infallyable

Conjectures,’ an early form of Buchanan’s ‘Detection.’ The ‘Book of

Articles’ occupies twenty-six closely printed pages, in Hosack, who first

published it, and is written in Scots.[308] The band for Bothwell’s

marriage is said to have been made at Holyrood, and Mary’s signature is

declared to have been appended later. This mysterious band seems to have

reached Cecil _unofficially_, and is marked ‘To this the Queen gave

consent the night before the marriage,’ May 14 (cf. p. 254). Nothing is

noted as to Darnley’s conduct in seeking to flee the realm in September,

1566, and this account is given of the well-known scene in which Mary, the

Council, and du Croc attempted to extract from him his grievances. ‘He was

rejected and rebuked opinlie in presence of diverse Lords then of her

previe counsale, quhill he was constrenit to return to Streviling.’

Though less inaccurate than the ‘Detection,’ the ‘Book of Articles’ is a

violent _ex parte_ harangue.

Moray also put in the Act of Parliament of December, 1567. The English

heard the ‘Book of Articles’ and the Act read aloud, on the night of

December 6. On the 7th,[309] Moray hoped that they were satisfied. They

declined to express an opinion. Moray retired with his company, and

returned bearing, at last, The Casket. Morton, on oath, declared that his

account of the finding of the Casket was true, and that the contents had

been kept unaltered. Then a contract of marriage, said to be in Mary’s

hand, and signed, but without date, was produced. The contract speaks of

Darnley’s death as a past event, but they ‘did suppose’ that the deed was

made _before_ the murder. They may have based this suspicion on Casket

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

of Mary’s relations with Bothwell. Another contract, said to be in

Huntly’s hand, and dated April 5, was next exhibited. Papers as to

Bothwell’s Trial were shown, and those for his divorce. The Glasgow Letter

I. (which in sequence of time ought to be II.) was displayed in French,

and then Letter II.[310] _Neither letter is stated to have been copied in

French from the French original_, and we have no copies of the original

French, which, however, certainly existed. Next day (December 8) Moray

produced seven other French writings ‘in the lyk Romain hand,’ which seven

writings, ‘_being copied_, weare red in Frenche, and a due collation made

thereof as neare as could be by reading and inspection, and made to accord

with the originals, which the said Erle of Murray required to be

redelivered, and did thereupon deliver the copies being collationd, the

tenours of which vii wrytinges hereafter follow in ordre, _the first being

in manner of a sonnett_, “O Dieux ayez de moy etc.”’ Apparently all the

sonnets here count as one piece, the other six papers being the Casket

Letters III.-VIII.

No French contemporary copies of Letters I. II. have been discovered, as

in the cases of III. IV. V. VI. It is notable that while the sonnets, and

Letters III. IV. V. VI. VII. VIII. are said to have been copied from the

French, this is not said of Letters I. and II. The English versions of I.

and II. have been collated with the French, whether in copies or the

originals. Perhaps no French copies of these have been found, because no

copies were ever made: the absence of the copies in French is deplorable.

The next things were the depositions (not the dying confessions, which

implicated some of the Lords) of Tala, Bowton, Powrie, and Dalgleish, and

other legal documents. It does not appear that Mary’s warrant for the

signing of the Ainslie band, though exhibited at York, was again

produced.[311] On the 9th the Commissioners read the Casket Papers ‘duly

translated into English.’ They had been translated throughout the night,

probably, and very ill translated they were, to judge by the extant

copies.[312] Several of the copies are endorsed _in Scots_. Lesley now put

in a revised and amended copy of his Protest of December 6. Morton put in

a written copy of his Declaration as to the finding of the Casket, and

swore to its truth.[313]

Morton’s tale is that, as he was dining with Lethington in Edinburgh, on

June 19, 1567, four days after Mary’s surrender at Carberry, ‘a certain

man’ secretly informed him that Hepburn, Parson of Auldhamstokes, John

Cockburn, brother of Mary’s adherent, Cockburn of Skirling, and George

Dalgleish, a valet of Bothwell’s (and witness, at his divorce, to his

adultery), had entered the Castle, then held by Sir James Balfour, who

probably betrayed them. Morton sent Archibald Douglas (the blackest

traitor of the age) and two other retainers to seize the men. Robert

Douglas, brother of Archibald, caught Dalgleish in the Potter Row, not far

from the Kirk o’ Field Gate, with charters of Bothwell’s lands. Being

carried before Morton, Dalgleish denied that he had any other charge: he

was detained, and, on June 20, placed in the Tolbooth. Being put into some

torture engine, he asked leave to go with Robert Douglas to the Potter

Row, where he revealed the Casket. It was carried to Morton at 8 o’clock

at night, and, next day, June 21, was broken open, ‘in presence of Atholl,

Mar, Glencairn, Morton, Home, Semple, Sanquhar, the Master of Graham,

Lethington, Tullibardine, and Archibald Douglas.’ The Letters were

inspected (_sichtit_) and delivered over to Morton, who had in no respect

altered, added to, or subtracted from them.

True or false, and it is probably true, the list of persons present adds

nothing to the credibility of Morton’s account. The Commissioners of Mary

had withdrawn; there could not be, and there was not, any

cross-examination of the men named in Morton’s list, as witnesses of the

opening of the Casket. Lethington alone, of these, was now present, if

indeed he appeared at this sitting, and _his_ emotions may be imagined!

The rest might learn, later, that they had been named, from Lethington,

after he joined Mary’s cause, but it is highly improbable that Lethington

wanted to stir this matter again, or gave any information to Home (who was

with him in the long siege of the Castle). Sanquhar and Tullibardine,

cited by Morton, signed the band for delivering Mary from Loch Leven; so

much effect had the ‘sichting’ of the Casket Letters on _them_. The story

of Morton is probably true, so far: certainly the Lords, about June 21,

got the Casket, whatever its contents then were. But that the contents

remained unadded to and unimpaired, and unaltered, is only attested by

Morton’s oath, and by the necessary silence of Lethington, who, of all

those at Westminster, alone was present at the ‘sichting,’ on June 21,

1567. But Lethington dared not speak, even if he dared to be present. If

any minute was made of the meeting of June 21, if any inventory of the

documents in the Casket was then compiled, Morton produced neither of

these indispensable corroborations at Westminster. His peril was perhaps

as great as Lethington’s, but he was of a different temperament.

The case of the Prosecution is full of examples of such unscientific

handling by the cautious Scots, as the omission of minutes of June 21.

Next, on December 9, a written statement by Darnley’s servant, Nelson, who

survived the explosion, was sworn to by the man himself. His evidence

chiefly bore on the possession of the Keys of Kirk o’ Field by Mary’s

servants, and her economy in using a door for a cover of the ‘bath-vat,’

and in removing a black velvet bed. We have dealt with it already (p.

133).

Next was put in Crawford’s deposition as to his conversations with Darnley

at Glasgow. This was intended to corroborate Letter II., but, as shall

later be shown, it produces the opposite effect.[314] At an unknown date,

Cecil received the Itinerary of Mary during the period under examination,

which is called ‘Cecil’s Journal,’ and is so drawn up as to destroy

Moray’s case, if we accept its chronology. We know not on what authority

it was compiled, but Lennox, on June 11, had asked his retainers to

ascertain some of the dates contained in this ‘Journal.’

On December 14[315] Elizabeth added Northumberland and Westmorland to her

Commissioners. They not long after rose in arms for Mary’s cause.

Shrewsbury, Huntingdon, Worcester, and Warwick also met, at Hampton Court.

They were to be made to understand the case, and were told to keep it

secret. Among the other documents, on December 14, the _originals_ of the

Casket Letters ‘being redd, were duly conferred and compared for the

manner of writing and fashion of orthography, with sundry other letters,

long time heretofore written and sent by the said Quene of Scots to the

Quene’s majesty. And next after, there was produced and redd a declaration

of the Erle of Morton of the manner of the finding of the said lettres, as

the same was exhibited upon his othe, the ix of December. In collation

whereof’ (of _what_?) ‘no difference was found. Of all which letters and

writings, the true copies are contained in the memorialls of the actes of

the sessions of the 7 and 8 of December.’ Apparently the ‘collation’ is

intended to refer to the comparison of the Casket Letters with those of

Mary to Elizabeth. Mr. Froude runs the collation into the sentence

preceding that about Morton, in one quotation.

The confessions of Tala, Bowton, and Dalgleish were also read, and, ‘as

night approached’ (about 3.30 P.M.), the proceedings ended.[316]

The whole voluminous proceedings at York and Westminster were read

through: the ‘Book of Articles’ seems to have been read, _after_ the

Casket Letters were read, but this was not the case. On a brief December

day, the Council had work enough, and yet Mr. Froude writes that the

Casket Letters ‘were examined long and minutely by each and every of the

Lords who were present.’[317] We hear of no other examination of the

handwriting than this: which, as every one can see, from the amount of

other work, and the brevity of daylight, must have been very rapid and

perfunctory.

There happens to be a recent case in which the reputation of a celebrated

lady depended on a question of handwriting. Madame Blavatsky was accused

of having forged the letters, from a mysterious being named Koot Hoomi,

which were wont to drift out of metetherial space into the common

atmosphere of drawing-rooms. A number of Koot Hoomi’s _later_ epistles,

with others by Madame Blavatsky, were submitted to Mr. Netherclift, the

expert, and to Mr. Sims of the British Museum. Neither expert thought that

Madame Blavatsky had written the letters attributed to Koot Hoomi. But Dr.

Richard Hodgson and Mrs. Sidgwick procured earlier letters by Koot Hoomi

and Madame Blavatsky. They found that, in 1878, and 1879, the letter _d_,

as written in English, occurred 210 times as against the German _d_, 805

times. But in Madame Blavatsky’s earlier hand the English _d_ occurred but

15 times, to 2,200 of the German _d_. The lady had, in this and other

respects, altered her writing, which therefore varied more and more from

the hand of Koot Hoomi. Mr. Netherclift and Mr. Sims yielded to this and

other proofs: and a cold world is fairly well convinced that Koot Hoomi

did not write his letters. They were written by Madame Blavatsky.[318]

The process of counting thousands of isolated characters, and comparing

them, was decidedly not undertaken in the hurried assembly on that short

winter day at Hampton Court, when the letters ‘were long and minutely

examined by each and every of the Lords who were present,’ as Mr. Froude

says. On the following day (December 15) the ‘Book of Articles’ was read

aloud; though the minute of December 14 would lead us to infer that it was

read on that day. The minute states that ‘there was produced a writing in

manner of Articles ... but, before these were read,’ the Casket Letters

were studied. One would imagine that the ‘Book of Articles’ was read on

the same day, after the Casket Letters had been perused. The deposition of

Powrie, the Casket contracts, and other papers followed, and then another

deposition of Crawford, which had been put in on December 13.

This deposition is in the Lennox MSS. in the long paper containing the

description of the mysterious impossible Letter, which Moray also

described, to de Silva. Crawford now swore that Bowton and Tala, ‘at the

hour of their death,’ confessed, to him, that Mary would never let

Bothwell rest till he slew Darnley. Oddly enough, even Buchanan, or

whoever gives the dying confessions of these men, in the ‘Detection,’ says

nothing about their special confession to Crawford.[319] The object of

Crawford’s account appears clearly from what the contemporaries, for

instance the ‘Diurnal,’ tell us about the public belief that the

confession ‘fell out in Mary’s favour.’

Hepburne, Daglace, Peuory, to John Hey, mad up the nesse,

Which fowre when they weare put to death the treason did confesse;

And sayd that Murray, Moreton to, with others of ther rowte

Were guyltie of the murder vyl though nowe they loke full stowte.

Yet some perchaunce doo thinke that I speake for affection heare,

Though I would so, thre thousan can hearin trew witness beare

Who present weare as well as I at thexecution tyme

& hard how these in conscience pricte confessed who did the cryme.[320]

A number of Acts and other public papers were then read; ‘the whole lying

altogether on the council table, were one after another showed, rather “by

hap” as they lay on the table than by any choice of their natures, as it

might had there been time.’ Mr. Henderson argues, as against Hosack,

Schiern, and Skelton, that this phrase applies only to the proceedings of

December 15, not to the examination of the Casket Letters. This seems more

probable, though it might be argued, from the prolepsis about reading the

‘Book of Articles’ on the 14th, that the minutes of both days were written

together, on the second day, and that the hugger-mugger described applies

to the work of both days. This is unimportant; every one must see that the

examination of handwriting was too hasty to be critical.

The assembled nobles were then told that Elizabeth did not think she

_could_ let Mary ‘come into her presence,’ while unpurged of all these

horrible crimes. The Earls all agreed that her Majesty’s delicacy of

feeling, ‘as the case now did stand,’ was worthy of her, and so ended the

farce.[321]

The Mystery of Mary Stuart · 第 16 / 29 段