MARY’S ATTITUDE AFTER THE CONFERENCE

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

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

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

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

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

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

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

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

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

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

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