Chapter XII: Mary's Death, and Character (3)

Having thus stated the leading External Evidences against the genuineness of these Letters, it will be worth while to examine, for a moment, Robertson's "external proofs" in support of them,--which, when contrasted with those stated above, will be found to be of little weight. The Historian argues for their authenticity, on the following grounds:--_First_, "Murray and the nobles who adhered to him, affirmed, upon their word and honour, that the letters were written with the Queen's own hand, with which they were well acquainted." This is a very powerful argument to begin with, as if men who forged letters for a particular purpose, would themselves confess that they were forged. _Second_, "The Letters were publicly produced in the Parliament of Scotland, December 1567, and were so far considered as genuine, that they are mentioned in the Act against Mary, as one chief argument of her guilt." This is nothing but a repetition, in other words, of the former powerful argument; for the Parliament of December 1567 was the Parliament assembled by Murray, after he had been elected Regent, and he was able to secure the passing of any act he chose. Where Robertson learned, that at this Parliament "the letters were publicly produced," does not appear, as his reference to Goodall (vol. ii. p. 66) by no means authorizes the assertion. _Third_, "The Letters seem to have been considered genuine by Elizabeth's Commissioners, both at York and Westminster, as appears by letters which Norfolk, Sussex, and Sadler, wrote from York; and as, in the journal of the proceedings at Hampton Court, it is said that, when the letters supposed to be written by the Queen of Scots, '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 said Queen of Scots to the Queen's Majesty, in the collation no difference was found.'" It has been seen, however, that whatever Norfolk chose to write concerning those letters with the view of pleasing Elizabeth, and concealing from her his own engagements and designs, he was, in truth, so little influenced by them, that he avowed a passion for Mary, and risked his life and fortune in order to become her husband. It has been also seen, that the hasty collation, made by the nobles at Hampton Court, of these pretended letters, with others, "long since heretofore written" and furnished by Elizabeth herself, is, in truth, no collation at all, or one upon which no dependence be placed. _Fourth_, "The Earl of Lennox, both in public, and in a private letter he wrote to his own wife, so expressed himself, that it is plain he not only thought the Queen guilty, but believed the authenticity of her letters to Bothwell." This matter has been already investigated. The Regent Lennox was obliged to maintain Mary's guilt for his own sake; and it is scarcely to be supposed he would have been so imprudent as write to his wife, to inform her that the opinions he had so strenuously supported before the world were not those of his heart and conscience. Murray himself would as soon have acknowledged that the letters were fabricated as Lennox. But it is a strong fact, that, though she had every inducement to think as her husband did, Lady Lennox believed Mary innocent. These are all Robertson's "external proofs of the genuineness of Mary's letters."[252]

The external evidence against these writings, is probably enough to convince every impartial reader that they are forgeries. But, as they exist in one shape or other, it may be as well to go a step further, and see whether their perusal will strengthen or weaken the belief of their fabrication. This brings us to the second division of the subject, which will not detain us so long as the first.

INTERNAL EVIDENCES.--Considering the weight which Mary's enemies have attached to these letters, the first question the impartial inquirer would naturally ask is, whether properly authenticated copies of what Mary is alleged to have written can still be seen,--whether the _ipsissima verba_ which she used have been preserved,--and whether an opportunity can thus be had of judging of the precise shade of meaning of particular passages, and of the general style and tenor of these strange compositions. In answer to these inquiries it has to be stated, that the letters, as taken out of the casket, were exhibited only to a few noblemen, who acted under Elizabeth; and that nothing but translations of them are now extant. The Latin edition of Buchanan's "Detection," published in 1571, contained only the three first letters translated into Latin; in the Scottish edition, all the eight letters were translated into Scotch.[253] The originals were thus left at the mercy of translators; and, in particular, at the mercy of such a translator as Buchanan, who cannot be supposed to have had any great desire to be scrupulously accurate. In 1572, a French edition of the "Detection" was published at London, to which were subjoined seven French letters and the love-sonnets. For two hundred years, no one doubted but that these were Mary's original letters, and they were always referred to as such in any controversies which took place on the subject. In 1754, however, Mr Walter Goodall, keeper of the Advocates' Library at Edinburgh, published his "Examination of the Letters," and showed, in the clearest manner, that these seven French letters were nothing but re-translations from the Latin and Scottish translations which had been previously published. This was certainly an important and interesting discovery, although it scarcely warranted the conclusion which Goodall thought he was entitled to draw from it, that no French copy of the letters had, in reality, ever existed until the Latin and Scottish editions were first fabricated. Robertson and others have maintained more justly, that, though they acknowledge Goodall to have proved that the existing French copies of the letters are only translations from translations, there is, nevertheless, no reason to believe that these are the French letters which were produced by Murray at York and Westminster, copies of which they grant have never been given to the world. That this is the true state of the case, appears by the French editor's own admission in his Preface. "The letters subjoined to this work," he says, "were written by the Queen, partly in French and partly in Scotch, and were afterwards translated altogether into Latin; but having no knowledge of the Scottish language, I have preferred translating accurately from the Latin copy, lest, by being over scrupulous about changing a single syllable, I might frustrate the reader in his desire to ascertain precisely to whom the fault of the execrable murder, and other enormities mentioned in them, ought to be ascribed."[254] Thus, both by the ignorance which this translator evinces, in alleging, contrary to the assertions which had been made by Murray, that the letters were originally written partly in French and partly in Scotch, and, by his own confession, that he preferred translating from the Latin wherever he could get it, rather than from the Scotch, it is perfectly evident that no such thing as the original French letters have ever appeared, and that the French letters which do exist, are not so much to be depended on as even the Scotch or Latin, which were probably translated directly from the epistles which Murray produced.

In what condition, then, do we find these wonderful letters about which so much has been written? We have three in Latin, eight in Scotch, and seven in French. The French are only re-translations from the Latin and Scottish; and they, in their turn, are translations from the invisible French originals. And under whose superintendence were these translations, into the Scottish and Latin, made? It must have been either under that of Murray, or of Elizabeth and Cecil. The former, after merely showing the letters at Westminster, took them back with him to Scotland; but intrusted the latter with copies.[255] It is not very likely that the Scottish translation could be made in England; and the three that have been rendered into Latin, have been commonly attributed to George Buchanan. Laing, however, labours to show, that this is a mistake, and that the translation was made by a Dr Wilson, Elizabeth's master of requests. Be this as it may, in what court of law or equity would such documents as these be admitted as evidence? The grossest errors have often been made by translators, even where they were anxious to be as faithful as possible. Yet we are now called upon to form an opinion of letters, which exist in languages different from that in which they were originally written, and which are either translations from translations, or translations executed by those who had every motive and desire to pervert the original, and make it appear much worse than it really was. What jury would for a moment look at such letters? What impartial judge would allow his mind to be biassed by them, altered and garbled as they must unquestionably be, even supposing that their originals once existed? It was to Buchanan's Detection that these letters were always subjoined. At Westminster, Murray produced a Book of Articles, in five parts, containing certain presumptions, likelihoods and circumstances, whereby it should evidently appear, that as Bothwell was the chief murderer of the King, so was the Queen a deviser and maintainer thereof. "From the explanation given in Buchanan's History," says Laing, "the book of articles corresponds, and was undoubtedly the same with the Detection of the doings of Mary."[256] Buchanan, identifying as he did, his interests with those of Murray, was from the first one of the most active of the Queen's prosecutors. The dependence to be placed upon his accuracy and honesty as a controversialist, has been already pretty clearly established; and the sort of translations he would make, of any of Mary's writings, may be very easily conjectured.

Laing, however, claims the merit of a discovery, which, at first sight, appears somewhat remarkable. It is a copy of one of the eight Love-letters, in the original French, and found in the State-Paper Office in a book containing, "Letters upon Scottish Affairs to Queen Elizabeth." Whether it be in the original French or not, it is certainly different from the French translation published with the French edition of the Detection in 1572, and has altogether a greater air of originality about it. But being confessedly only a copy, it is quite impossible to say whether it is Mary's French, or that of some one who chose to write French in her name. It is, besides, remarkable, that, even though it could be proved to demonstration to be a copy of a genuine letter, it does not contain a single word which, in the slightest degree, implicates Mary. Introduced, it is true, as one of a series, all of which, it is maintained, were addressed to Bothwell, something suspicious might easily be made out of it. But, as it stands by itself, it must be taken by itself; and as it bears no address or date, it may just as well be supposed to have been written to Darnley, or even to a female friend. The subject spoken of, is the ungrateful conduct of one of Mary's female attendants; and the advice of the person to whom it is written is asked, as to what is proper to be done in consequence. To this person, whoever it was, several natural terms of endearment are also applied, such as, "_Mon coeur_," and, "_Ma chere vie_;" and these are all the grounds of suspicion which this "Copy from the State-Paper Office," contains.[257]

Having thus shown the extreme uncertainty which must attend any argument against Mary, founded on any minute or literal examination of these Letters, a very few objections further may be stated to them, upon evidences which they themselves afford.

Although it is impossible to form any opinion of the _words_ which Mary may have used in these letters, some conclusions may be drawn from the _sentiments_ which the translators of course pretend not to have altered. These are, in many respects, directly contradictory of the character which history proves her to have possessed. Whatever follies Mary may have committed--whatever weaknesses she may have fallen into--it cannot be denied, even by her worst enemies, that she was a woman of a proud spirit, and too much accustomed to admiration and flattery, to consider her esteem a gift of little value. Yet, through all these writings, she is made to evince a degree of ardour and forwardness of affection for Bothwell, at once against every notion of female delicacy, and all probability. She is continually made to express fears that he does not return her love with an equal warmth,--that he loves his wife, the Lady Jane Gordon, better than he does her,--and that he is not so zealous in bringing about their mutual purposes as she could wish. If Bothwell had ever carried on these criminal intrigues with Mary, one of his first objects would have been to remove from her mind all suspicion that he was not in truth devotedly attached to her. Whether he was successful in deceiving her or not, is it likely that Mary Queen of Scots, whose hand had been sought by all the first Princes in Christendom, would have condescended to servility, meanness, and abject cringing in her advances to him? If the letters were forged, Murray would naturally wish to put in as strong a point of view as possible, Mary's anxiety to urge Bothwell on to all the crimes which he perpetrated. But if letters had been really written by her, many compunctious visitings of conscience would surely be apparent in them,--many a fear would be expressed,--many a symptom would be discovered of the reluctance with which she yielded to the overwhelming strength of Bothwell's passion and entreaties. Yet in these letters nothing of the kind is to be found. Passages occur continually, in which, far from there being any of the conscious confusion and hesitation which would necessarily have marked the style of one who was, for the first time, deviating so far from the paths of virtue, nothing is to be discovered but the hardened vice and shameless effrontery of a confirmed and _masculine villain_.

Another peculiarity is to be observed in the first and longest of these letters. In describing a conversation which she had with Darnley at Glasgow, Mary is made to give very minutely all his defence of his own conduct, in reply to some charges which she brought against him; and to make it evident that he was in the right, and that she herself, even when instigating Bothwell to his murder, must have felt him to be so. "This is another proof of forgery," says Whittaker; "that the Queen should repeat all the King's defences of himself, and should not repeat her replies to them, is contrary to every principle of the human heart. Our natural fondness for ourselves puts us constantly upon a conduct the very reverse of all this. We shorten the defences, we lengthen the replies; or, if we are fair enough to give the full substance of the former, we are always partial enough to do the same by the latter."[258] The forger, however, in his anxiety to throw as much odium as possible upon Mary, was willing to diminish some of even Bothwell's responsibility, and disposed to vindicate Darnley entirely; but he took a clumsy method of effecting his purpose.

Notwithstanding these considerations, Robertson was of opinion, as usual, that the style and sentiments of these letters tended on the whole to prove that they were genuine. His principal reason for entertaining this belief is, that "there are only imperfect hints, obscure intimations, and dark expressions in the letters, which, however convincing evidence they might furnish if found in real letters, bear no resemblance to that glare and superfluity of evidence which forgeries commonly contain." "Had Mary's enemies been so base as to have recourse to forgery, is it not natural to think, that they would have produced something more explicit and decisive?"--"Mary's letters, especially the first, are filled with a multiplicity of circumstances extremely natural in a real correspondence, but altogether foreign to the purpose of the Queen's enemies, and which it would have been perfect folly to have inserted, if they had been altogether imaginary and without foundation." There is some plausibility in this view of the subject; and Laing and others have dwelt upon it at great length, and with much confidence. But it is divested of all force as soon as we come to consider the manner in which these letters would be prepared, if they were in truth forgeries. The long time which elapsed after Mary's imprisonment in Loch-Leven, before any allusion was made to them, and the still longer time they were allowed to lie dormant after their existence had been first asserted, has been already described. Upon the hypothesis that they were fabrications, it was during this period that Murray and his associates were engaged in preparing them; and they would probably reason on the following grounds, as to what ought to be the nature of their contents. The point they wished to establish was, "that as the Earl of Bothwell was chief executor of the horrible and unworthy murder; so was the Queen of the fore-knowledge, counsel, device, persuader and commander of the said murder to be done." They knew that, in so far as appearances went, nothing made this latter part of the assertion in the least probable, except the circumstance of Mary having been married to Bothwell, which they themselves had declared was a forced marriage, and which Mary had proved to be so by taking the first opportunity which occurred to desert him. It had become necessary, however, even at the expense of their own consistency to accuse the Queen of having acted in concert with Bothwell throughout. No evidence whatever would establish this fact, (the more especially as all the confessions and depositions of Bothwell's accomplices tended to exculpate her), except writings under her own hand acknowledging her guilt. In order to make it appear possible that Mary had committed an account of that guilt to paper, the idea of letters to a confidential friend naturally suggested itself; and to none could these letters with so much propriety be addressed as to Bothwell himself; because, having subsequently married him, it was to be shown that it was her inordinate affection for him that induced her to wish for the death of Darnley. The train being thus laid, the next question was, in what precise manner Mary was to be made to address Bothwell. The forgers would at once perceive, that it would not do to make her speak straight out, and in plain terms command the perpetration of the murder, and arrange all the preliminary steps for it. This would have been to represent Mary as at once a Messalina and a Medea,--which even Murray felt would have been going too far. The letters were to show her guilt, but to show it in such a manner as she herself might be naturally supposed to have exhibited it, had she actually written them;--and nothing therefore was to be introduced but those "imperfect hints, obscure intimations, and dark expressions," which, without the "glare and superfluity" of common forgeries, furnished convincing evidence when found in letters alleged to be real. Murray, Morton, Maitland, and Buchanan, were no ordinary forgers; and if they were not able to conceive and express the whole so artfully, that it would cost some difficulty to detect them, then, forgery in every instance must be hopeless and manifest.

There were, besides, two circumstances which afforded them peculiar facilities, and of which they were no doubt glad to avail themselves. The first was, that Mary's hand-writing was not very difficult of imitation. "It was formed," says Goodall, "after what is commonly called Italic print, which it much resembled both in beauty and regularity."[259] All the letters being shaped according to certain definite rules, there would be fewer singularities in the writing, and less danger of the forger committing mistakes. Mary herself alluded to the facility with which her hand could be imitated, in her instructions to her Commissioners on the opening of the conferences, and mentioned also another important fact. "In case they allege," she says, "that they have any writings of mine, which may infer presumption against me, you shall desire the principals to be produced, and that I myself may have inspection thereof, and make answer thereto. For you shall affirm, in my name, I never wrote any thing concerning that matter to any creature; and if any such 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 hand-writing, and write the like manner of writing which I use, as well as myself, and principally such as are in company with themselves."[260] "There are sundry who can counterfeit her hand-write," says Lesley, "who have been brought up in her company, of whom there are some assisting themselves, as well of other nations as of Scotland. And I doubt not but your Majesty," (he is addressing Elizabeth), "and divers others of your Highness's Court, has seen sundry letters sent here from Scotland, which would not be known from her own hand-write; and it may be well presumed, in so weighty a cause, that they who have put hands on their Prince, imprisoned her person, and committed such heinous crimes, if a counterfeit letter be sufficient to save them, to maintain their cause, and conquer for them a kingdom, will not leave the same unforged, '_cum si violandum est jus, imperii causa violandum est_.'" In still further confirmation of these facts, Blackwood mentions that the hand-writing of Mary Beaton, one of her maids of honour, could not possibly be distinguished from that of the Queen;[261] and Camden and other contemporary authors speak of it as a matter of established notoriety, that Maitland often counterfeited her hand.[262]

The second facility which the forgers enjoyed, arose from their either possessing among them, or having access to, many genuine letters of Mary. This is a circumstance of some consequence, and has scarcely been sufficiently attended to by the various writers on the subject. It at once obviates Robertson's cause of wonder, that the letters should be "filled with a multiplicity of circumstances, extremely natural in a real correspondence, but altogether foreign to the purpose of the Queen's enemies." In all probability, Mary wrote to her Secretary Maitland from Glasgow, and had of course written to him a hundred times before. There is every reason to believe also, that she corresponded with Maitland's wife, Mary Fleming, who had been one of her friends and attendants from infancy. Murray must have had in his possession numerous letters from his sister. Where then was the difficulty of founding these forgeries upon writings which were not forgeries, and of making it almost impossible for any one but Mary herself to detect what was genuine in them from what was fabricated? Many passages might be introduced which Mary had actually written, but which she had applied in some very different manner; and here and there might be artfully interwoven a few sentences which she never wrote, but which seemed so naturally connected with the rest, that they fixed upon her soul the guilt of adultery and murder. There is nothing which ought to be more constantly borne in mind, whenever these writings are read or discussed, than the probability, we might almost say the certainty, that the originals contained parts which had been actually written by Mary, although neither addressed to Bothwell, nor ever meant to be twisted into the sense which was afterwards put upon them; and which appeared the true meaning only, in consequence of their having been so much garbled and disfigured.

Were we disposed to enter still more minutely into an examination of these writings, it would not be difficult to show, as Goodall, Tytler, Whittaker and Chalmers, have in various instances done, that they abound in many other symptoms of forgery, which, though not perhaps conclusive, when taken separately, make up, when combined, a very strong presumption against them. It might be shown, for example, _first_, that as Mary, in all probability, did not set off for Glasgow till Friday the 24th of January 1567, and staid a night at Callendar on the way, it is quite impossible she could have been at Glasgow on Saturday the 25th, though her second letter ends with these words:--"From Glasgow, this Saturday, in the morning."[263] She is thus made to have written two letters from Glasgow, one of them a very long one, by Saturday morning; while, in point of fact, she could not have reached that town till Saturday afternoon. "_Non sunt haec satis divisa temporibus._"[264] It might be shown, _second_, that these letters were neither addressed, signed, nor sealed; and that, in the words of Whittaker, "it violates every principle of probability to suppose, that letters with such a plenitude of murderous evidence in them should be sent open."[265] It might be shown, _third_, that before the appearance of the letters, they were differently described at different times, as if they were gradually undergoing changes;--that in the Act of Privy Council, in which they are first referred to, they are mentioned as Mary's "Privy Letters, written and _subscribed_ with her own hand;"--but in the Act of Parliament passed a few weeks afterwards, they are only spoken of as "_written wholly_ with her own hand," not, "written and subscribed;"[266]--that though at first nothing was spoken of as having been found in the box but the "Privy Letters," "written and subscribed with her own hand," and afterwards only "wholly written with her own hand," yet, before the box made its appearance at York, love-sonnets and contracts of marriage were also found in it;--and that at York and Westminster only five letters were laid before the Commissioners, though the number afterwards printed was eight. "Did the three remaining letters," asks Whittaker, "lie still lower in the box, under the contracts and sonnets, and so escape the notice of the rebels?"[267] It might be shown, _fourth_, that all the letters are contradicted and overthrown by the first three lines of the ninth sonnet, which are, in French,

----"Pour luy aussi J'ay jete mainte larme,
Premier qu'il fust de ce corps possesseur,
_Du quel alors il n'avoit pas le coeur_;"

and in English--"For him also I shed many a tear, when he first made himself possessor of this body, _of which he did not then possess the heart_."[268] In the letters, Mary is made, with the most violent protestations of love, to suggest arrangements for her pretended abduction by Bothwell; yet here she expressly says, that when he first carried her off, he did not possess her heart. How then could she have written him love-letters before this event? These and other things might be insisted on. The sonnets and contracts of marriage might be also minutely examined and proved, both to contradict one another, and to be liable, in a still stronger degree, to almost all the objections which have been advanced against the letters.[269] But it is much better to rest Mary's innocence on the broad basis of her life and character, and a distinct statement of leading and incontrovertible facts, than on wranglings about dates, or disputations concerning detached incidents and ill-authenticated papers.

From a full review of the proof on both sides, and an ample examination of all the principal facts advanced in the controversy, it appears evident that one of two conclusions must be formed. Either that Mary, having formed a criminal attachment to Bothwell, encouraged him to perpetrate the murder, and that, having thus become responsible for at least an equal share of the guilt, was justly imprisoned and dethroned; or that, never having had any excessive love for Bothwell, she was altogether ignorant of his designs, and irresponsible for his crimes, of which his own lawless ambition made her the victim, and with which the treachery of Murray, Morton and Elizabeth, too successfully contrived to involve her for the remainder of her life. That the latter conclusion is that to which impartial inquiry must inevitably lead, these Memoirs, it is hoped, have sufficiently established. That the arguments in Mary's favour, drawn from the history of her life and death, are not invalidated by the contents of the "gilt coffer," it has been the object of the present Examination to prove.

It has been seen, first, by external evidence, that these papers are spurious, because the notorious ambition of Morton and Murray, and the perilous predicament in which it finally placed them, rendered their fabrication necessary to save themselves from ruin,--because Mary could not have written any love-letters or sonnets to Bothwell, for whom, at best, she never felt any thing but common regard, and who was obliged to seize and carry off her person, in order to force her into an unwilling marriage,--because such letters, if they had been written, would not have been preserved by Bothwell, or, if preserved, would have been more numerous,--because the story of their discovery is altogether improbable, since Bothwell, for the most satisfactory reasons, would never have thought of sending for them to the Castle of Edinburgh on the 20th of June 1567,--because not a word was said about them long after they were discovered, but, on the contrary, motives quite inconsistent with their contents assigned for sequestrating Mary's person in Loch-Leven,--because, though Dalgleish was tried, condemned, and executed, not a question was put to him, as appears by his examination, still extant, concerning these letters,--because the originals were only produced twice, and _that_ under suspicious and unsatisfactory circumstances,--because nothing but translations, and translations from translations, of these originals, now exist, from which no fair arguments can be drawn,--because Murray and his associates have been convicted of open forgery in several other instances, and are therefore the more liable to be doubted in this,--because Bothwell not only never accused Mary, but was unable to show Morton any writing of her's sanctioning the murder, and, by subsequent declarations, seems to have exculpated her from all share in it,--because Mary herself invariably denied that she had ever written such letters, undertaking to prove that they were fabrications, if the originals, or even copies, were shown to her,--because Lady Lennox, Darnley's mother, many of the most respectable of the Scottish nobility, Norfolk, and a numerous party in England, and all her Continental friends, avowed their belief of her innocence,--because the confessions and depositions of Bothwell's accomplices, so far from implicating, tended to acquit her of all blame, though the persons by whom the depositions were made had every inducement to accuse her, if it had been in their power,--and because the external evidence, advanced in support of the letters by Robertson and others, is entirely nugatory.

It has been seen, second, by internal evidence, that the Letters are spurious,--because the translations differ from each other,--because the style and composition of many passages, are not such as could ever have come from Mary's pen,--because every facility was given to forgery by the nature of her handwriting, and by the access which the forgers had to genuine letters and papers, of which they could make a partial use,--because, at the time in which they are alleged to have been written, Mary was, in all probability, not at the places from which they are dated,--because the letters contradict each other, and are all contradicted by the sonnets,--and because the arguments in support of them, drawn from internal evidence by Robertson and others, are equally inconclusive with their external proofs.

If Mary's innocence, from all the blacker crimes with which she has been charged, must still continue matter of doubt, it is not too much to declare all history uncertain, and virtue and vice merely convertible terms.

ADDENDUM.

Through the kindness of William Traill, Esq. of Woodwick, Orkney, we are enabled to give the following authentic genealogical account of the manner in which the interesting portrait of Mary Queen of Scots, engraved for this Work, and particularly described in Vol. I. Chap. IV., came into the possession of his family.

"Sir Robert Stewart of Strathdon, son of King James V., by Eupham, daughter of Alexander, 1st Lord Elphingston, obtained a grant of the Crown lands of Orkney and Shetland from his sister Queen Mary in 1565. He was created Earl of Orkney by his uncle James VI., 28th October 1581. He married Lady Jean Kennedy, daughter of Gilbert, fourth Earl of Cassils.

"George Traill, son of the Laird of Blebo in Fife, married, first, Jean Kennedy of Carmunks, a relative of the Earl's Lady. He accompanied the Earl to Orkney; got a grant from the Earl of the lands of Quandale, in the Island of Ronsay, and, as stewart or factor, managed the affairs of the earldom. By Jean Kennedy he had one son, the first Thomas Traill of Holland. He afterwards married Isobel Craigie of Gairsay, by whom he had James Traill of Quandale, who married Ann Baikie of Burness. Lady Barbara Stewart, the Earl's youngest daughter, married Hugh Halcro of Halcro, a descendant of the Royal Family of Denmark, and who possessed a great part of the Islands of Orkney. For her patrimony, the Earl wadset to Halcro lands, in Widewall, Ronaldsvoe, and in South Ronaldshay, which lands were afterwards redeemed by Patrick Stewart, the Earl's eldest son, 1598. _Vide_ Bishop Law's Rentall 1614. Lady Barbara, being the youngest and the last of the Earl's family, succeeded to her father's furniture, plate, pictures, and other moveables, and amongst the rest, the family picture of Queen Mary. Hugh Halcro of that Ilk, the eldest son of this marriage, succeeded his father, and married Jean, daughter of William Stewart of Mains and Burray. _Vid._ Charters 1615 and 1620. In 1644, this Hugh Halcro executed a settlement in favour of Hugh his Oye, and his heirs; whom failing, to Patrick his brother; whom failing, to Harry fiar of Aikrs; whom failing, to Edward of Hauton; whom all failing, to the name of Halcro. Hugh the Oye, married Margaret, daughter of James Stewart of Gromsay. _Vid._ Charter by him in her favour of lands in South Ronaldshay and the Island Cava, 12th June 1630. Their son, Hugh Halcro of that Ilk, married Barbara Greem, by whom he had two daughters, Jean and Sibella Halcro. Jean married Alexander Mouat Swenze, and Sibella married James Baikie of Burness; and the estate of Halcro was divided between these families by decreet-arbitral, 21st and 22d December 1677,--Arthur Baikie of Tankerness, and John Kennaday of Carmunks, arbiters; which decreet is in the possession of the present William Traill of Woodwick, Esquire, as is the picture of Queen Mary, and other family relics."

END OF VOLUME SECOND.

PRINTED BY J. HUTCHISON,
FOR THE HEIRS OF D. WILLISON.

FOOTNOTES:

[1] Robertson, Appendix to vol. i. No. XVII.

[2] Keith, Appendix, p. 139.

[3] Keith, Preface, p. vii.

[4] Melville's Memoirs, p. 170.

[5] Goodall, vol. ii. p. 316.--Keith, p. 355; Appendix, p. 136.--Anderson, vol. ii. p. 270. vol. iv. p. 183 and 188.--"Martyre de Marie," in Jebb, vol. ii. p. 210. It would be difficult to explain why Robertson, who, in the Dissertation subjoined to his History, allows the authenticity of the documents which detail the particulars of this important conference at Craigmillar, should not have taken the slightest notice of it in his History. There is surely something indicative of partiality in the omission. Miss Benger, who is not always over-favourable to Mary, remarks on her decision regarding a divorce;--"It is difficult to develope the motives of Mary's refusal. Had she secretly loved Bothwell, she would probably have embraced the means of liberty; and had she already embarked in a criminal intrigue, she would not have resisted the persuasions of her paramour. If, influenced alone by vindictive feelings, she sought her husband's life, she must have been sensible that, when the nuptial tie was dissolved, he would be more easily assailable. Why then did she recoil from the proposal, unless she feared to compromise herself by endangering Darnley's safety, or that some sentiments of affection still lingered in her heart? It has been supposed, that she dreaded the censures which might be passed on her conduct in France; or that she feared to separate her interests from those of her husband, lest she should injure her title to the English crown. All these objections are valid when addressed to reason, but passion would have challenged stronger arguments."--Memoirs, vol. ii. p. 301.--Blackwood, in his _Martyre de Marie_, mentions, that Mary upon this occasion told her nobility, that "her husband was yet young, and might be brought back to the right path, having left it principally in consequence of the bad advice of those who were no less his enemies than her's."--"This answer," adds Blackwood, "was far from being agreeable to the Lords, proving to them that her Majesty's present estrangement from her husband was more from the necessity of the times, than because she had ceased to love him."

[6] Chalmers, vol. ii. p. 173.--Keith, Preface, p. vii.

[7] The above transaction, in which there is so little mystery, has been converted by Robertson into "a negociation, secretly carried on by Mary, for subverting the Reformed Church." He cannot, it is true, very easily reconcile the "negotiation" with the fact that, "at the very time, she did not scruple publicly to employ her authority towards obtaining for the ministers of that Church a more certain and comfortable subsistence." "During this year," he tells us, "she issued several proclamations and Acts of Council for that purpose, and readily approved of every scheme which was proposed for the more effectual payment of their stipends." The historian might have inquired a little more closely into the real nature of her correspondence with the Court of Rome, before charging Mary with "falsehood and deceit," and availing himself of the subject to point a moral.

[8] Keith, p. 359.

[9] Anderson, vol. ii. p. 271.

[10] That Darnley was actually absent upon this occasion, we are not quite satisfied. Robertson says he was, on the authority of Le Croc's letter in Keith, preface, p. vii.; and after him, most writers on the subject state the fact as beyond a doubt. All, however, that Le Croc says is this:--"The King had still given out, that he would depart two days before the baptism; but when the time came on, he made no sign of removing at all, only he still kept close within his own apartment. The very day of the baptism, he sent three several times, desiring me either to come and see him, or to appoint him an hour, that he might come to me in my lodgings." This is no direct evidence that the King was absent from the christening. Neither does Buchanan furnish us with any; he merely says, with his usual accuracy and love of calumny, that "her lawful husband was not allowed necessaries at the christening; nay, was forbid to come in sight of the ambassadors, who were advised not to enter into discourse with the King, though they were in the same part of the castle the most part of the day."--History, Book XVIII. Nor does Knox say any thing definite upon the subject; but Keith, Crawford, and Spottswood, though not referred to by Robertson, seem to support his opinion. Let the fact, however, be as it may, it is not of great consequence. The erroneousness of the popular belief, that Darnley, during the whole of this time, resided in a citizen's house in the town of Stirling, is more deserving of being pointed out and corrected.

[11] Knox, p. 400.--Keith, Preface, p. vii.

[12] Keith, p. 369.--Knox, p. 400.--The Historie of King James the Sext, p. 5.

[13] Chalmers, vol. ii. p. 176.

[14] Melville, p. 192.

[15] The Ruthven here spoken of is the son of the Lord Ruthven, who took so active a part in the murder.

[16] Chalmers, vol. ii. p. 175 and 342.

[17] Keith--Preface, p. viii.

[18] Keith, p. 364.

[19] Keith, p. 151.--Laing, vol. ii. p. 76.--Chalmers, vol. ii. p. 268.--Whittaker, in endeavouring to prove (vol. ii. p. 322) that the Catholic Ecclesiastical Courts had never been deprived of their jurisdiction, and that, consequently, there was no _restoration_ of power to the Archbishop of St Andrews, evidently takes an erroneous view of this matter. In direct opposition to such a view, Knox, or his continuator, has the following account of the transaction:--"At the same time, the Bishop of St Andrews, by means of the Earl of Bothwell, procured a writing from the Queen's Majesty, to be obeyed within the Diocess of his Jurisdiction, in all such causes as before, in time of Popery, were used in the Consistory, and, therefore, to discharge the new Commissioners; and for the same purpose, came to Edinburgh in January, having a company of one hundred horses, or more, intending to take possession according to his gift lately obtained. The Provost being advertised thereof by the Earl of Murray, they sent to the Bishop three or four of the Council, desiring him to desist from the said matter, for fear of trouble and sedition that might rise thereupon; whereby he was persuaded to desist at that time."--Knox, p. 403. This account is not quite correct, in so far as the Earl of Murray alone, unsupported by Mary's authority, is described as having diverted the Archbishop from his purpose.

[20] Chalmers, vol. i. p. 199; and vol. ii. p. 176.

[21] Keith, Preface p. viii.

[22] Anderson, vol. iv. p. 165.--Goodall, vol. ii. p. 76.

[23] Goodall, vol. ii. p. 76.--et seq.

[24] Birrel's Dairy, p. 6.--Laing, vol. i. p. 30.

[25] Keith, p. 364.--Anderson, vol. ii. p. 67.--Goodall, vol. ii. p. 244.--Chalmers, vol. i. p. 203.--vol. ii. p. 180, and 271.--Laing, vol. i. p. 30.--and vol. ii. p. 17.--Whittaker, vol. iii. p. 258, and 283.--Arnot's History of Edinburgh, p. 237. Whittaker has made several mistakes regarding the House of the Kirk-of-Field. He describes it as much larger than it really was; and, misled by the appearance of a gun-port still remaining in one part of the old wall, and which Arnot supposed had been the postern-door in the gavel of the house, he fixes its situation at too great a distance from the College, and too near the Infirmary. Sir Walter Scott, in his "Tales of a Grandfather," (vol. iii. p. 187.) has oddly enough fallen into the error of describing the Kirk-of-Field, as standing "just _without_ the walls of the city."

[26] Morton's Confession in Laing, vol. ii. p. 354; and Archibald Douglas's Letter, ibid. p. 363.

[27] Idem.

[28] Lesley's Defence in Anderson, vol. i. p. 75.--Buchanan's History, p. 350.--Laing, vol. ii. p. 34.

[29] Ormiston's Confession in Laing, vol. ii. p. 322.

[30] Paris's Confession in Laing, vol. ii. p. 298-9.

[31] Paris's Deposition in Laing, vol. ii. p. 296.

[32] Laing, vol. ii. p. 282 and 370.

[33] Deposition of Hepburn--Anderson, vol. ii. p. 183.

[34] Anderson, vol. ii. p. 183.

[35] Keith, Preface, p. viii.

[36] Anderson, vol. ii. p. 179.

[37] Ibid. vol. ii. p. 184.

[38] Laing, Appendix, p. 304.

[39] Deposition of John Hay in Anderson, vol. ii. p. 177.

[40] Deposition of William Powrie, in Anderson, vol. ii. p. 165.

[41] Anderson, vol. ii. p. 183.

[42] Ibid. vol. ii. p. 181.

[43] Buchanan's _History_, Book XVIII. may be compared with his _Detection_ in Anderson, vol. i. p. 22 and 72.

[44] Buchanan's _History_, Book XVIII.

[45] Freebairn's Life of Mary, p. 112 and 114.

[46] Deposition of Paris in Laing, vol. ii. p. 305.

[47] Evidence of Thomas Nelson, Anderson, vol. iv. p. 165.

[48] The Confessions and Depositions in Anderson, vol. ii. and vol. iv; and in Laing, vol. ii.

[49] Melville's Memoirs, p. 174. Lesley in Anderson, vol. i. p. 24. Freebairn, p. 115.

[50] Anderson, vol. i. p. 36.--Goodall, vol. ii. p. 245.

[51] Laing, vol. ii. p. 289 et 290.

[52] Historie of King James the Sext, p. 6.

[53] Miss Benger, vol. ii. p. 313.

[54] Sanderson's Life of Mary, p. 48.--Freebairn, p. 113.

[55] Knox, p. 404.

[56] Keith, p. 365.

[57] Melville, p. 174.

[58] The notion that the powder, with which the Kirk-of-Field was blown up, had been placed in a mine, dug for the purpose, was for a while very prevalent. Mary, of course, never suspected that it had been put into her own bedroom; but the truth came out as soon as the depositions of Bothwell's accomplices were published. Why Whittaker should still have continued to believe that a mine had been excavated, it is difficult to understand. Laing very justly ridicules the absurdity of such a belief.

[59] There is a sincere piety in this rejection of the word "chance." Mary was steadily religious all her life, and certainly nothing but a pure and upright spirit could have induced her, on the present occasion, to appeal to her Creator, and say, "It was not chance, but God."

[60] Keith, Preface, p. viii.

[61] Anderson, vol. i. p. 36.

[62] Lesley in Anderson, vol. i. p. 23.

[63] Keith, p. 368.

[64] Laing's remarks upon this subject, are exceedingly weak. He seems to suppose that Mary, for the mere sake of appearances, ought to have thrown into prison some of her most powerful nobility. He adds,--"If innocent, she must have suspected somebody, and the means of detection were evidently in her hands. The persons who provided or furnished the lodging,--the man to whom the house belonged,--the servants of the Queen, who were intrusted with the keys,--the King's servants who had previously withdrawn, or were preserved, at his death,--her brother, Lord Robert, who had apprised him of his danger, were the first objects for suspicion or inquiry; and their evidence would have afforded the most ample detection." Laing does not seem to be aware, that he is here suggesting the very steps which Mary actually took. She had not, indeed, herself examined witnesses, which would have been alike contrary to her general habits and her feelings at the time; but she had ordered the legal authorities to assemble every day, till they ascertained all the facts which could be collected. Nor does Laing seem to remember, that Bothwell had it in his power to exercise over these legal authorities no inconsiderable control, and to prevail upon them, as he in truth did, to garble and conceal several circumstances of importance which came out.

[65] Killigrew, the English ambassador, sent by Elizabeth to offer her condolence, mentions, that he "found the Queen's Majesty in a dark chamber so as he could not see her face, but by her words she seemed very doleful."--Chalmers, vol. ii. p. 209.

[66] Chalmers, vol. i. p. 208.

[67] _Vide_ these Letters in Anderson, vol. i. p. 40, or Keith, p. 369.

[68] Anderson, vol. i. p. 50.

[69] Goodall, vol. i. p. 346, _et seq._

[70] Chalmers, vol. i. p. 209. The above fact is no proof, as Chalmers alleges, that Murray was connected with the conspirators; but it shows, that whatever his own suspicions or belief were, he did not choose to discountenance Bothwell. Could Mary ever suppose that the _godly_ Earl of Murray would entertain a murderer at his table?

[71] Anderson, vol. i. p. 52.

[72] Robertson--Appendix to vol. i. No. XIX.

[73] Anderson, vol. ii. p. 103.

[74] Anderson, vol. ii. p. 104, et seq.--and Keith, p. 375, et seq.

[75] Anderson, vol. ii. p. 157.

[76] Anderson, vol. i. p. 107; and Keith, p. 381.

[77] Keith, p. 382.--There are extant two lists of the names of the subscribers, and these differ in one or two particulars from each other; but the one was only a list given to Cecil from memory by John Reid, Buchanan's clerk; the other is a document authenticated by the subscription of Sir James Balfour, who was at the time Clerk of Register and Privy Council. The chief difference between these two copies is, that Reid's list contains the name of the Earl of Murray, though on the 20th of April he was out of the realm of Scotland. It has been supposed that the bond, though not produced, might have been drawn up some time before, and that Murray put his name to it before going away. This is possible, but, considering Murray's cautious character, not probable. The point does not seem one of great importance, though by those who are anxious to make out a case against Murray rather than against Bothwell, it is deemed necessary to insist upon it at length. Perhaps Bothwell forged Murray's signature, to give his bond greater weight both with the nobles and with the Queen; although one name more or less could not make much difference either to her or them.

[78] Keith, p. 390.

[79] Keith, p. 383.--Melville's Memoirs, p. 177.--Whittaker, vol. iii. p. 106 and 356.

[80] Melville, p. 177.

[81] Keith, p. 390.

[82] Anderson, vol. i. p. 97.--Keith, p. 390.

[83] Melville, p. 197.

[84] Anderson, vol. i. p. 95.

[85] Anderson, vol. i. p. 95.

[86] Anderson, vol. i. p. 97. et seq. There is something so peculiar in the last passage quoted above, and Bothwell's conduct was so despotic, during the whole of the time he had Mary's person at his disposal, that Whittaker's supposition seems by no means unlikely, that the _force_ to which Mary alludes was of the most culpable and desperate kind. "Throughout the whole of the Queen's own account of these transactions," he observes, "the delicacy of the lady, and the prudence of the wife, are in a continual struggle with facts,--willing to lay open the whole for her own vindication, yet unable to do it for her own sake and her husband's, and yet doing it in effect." Vide Whittaker, vol. iii. p. 112. et seq.--Melville is still more explicit upon the subject, p. 177. And in a letter from "the Lords of Scotland," written to the English ambassador, six weeks after the ravishment, it is expressly said, that "the Queen was led captive, and by fear, force, and (as by many conjectures may be well suspected) other extraordinary and more unlawful means, compelled to become the bedfellow to another wife's husband."--See the letter in Keith p. 418.

[87] Vide Laing, vol. i. p. 86, and vol. ii. p. 105, and Whittaker, vol. iii. p. 116.

[88] Keith, p. 383.

[89] History of James VI., p. 10.--Buchanan's History, Book XVII.--Keith, p. 384.--Whittaker, vol. iii. p. 120.

[90] "I plainly refused," says Craig, in his account of this matter, which still remains among the records of the General Assembly, "because he (Hepburn) had not her handwriting; and also the constant bruit that my Lord had both ravished her and kept her in captivity."--Anderson, vol. ii. p. 299.

[91] Anderson, vol. ii. p. 280.

[92] Anderson, vol. i. p. 111.--Keith, p. 384.

[93] Anderson, vol. i. p. 87.

[94] History of James VI. p. 10.--Keith, p. 386.--Melville, p. 78.--Whittaker, vol. iii. p. 127. et seq. Upon this subject, Lord Hailes has judiciously remarked:--"After Mary had remained a fortnight under the power of a daring profligate adventurer, few foreign princes would have solicited her hand. Some of her subjects might still have sought that honour, but her compliance would have been humiliating beyond measure. It would have left her at the mercy of a capricious husband,--it would have exposed her to the disgrace of being reproached in some sullen hour, for the adventure at Dunbar. Mary was so situated, at this critical period, that she was reduced to this horrid alternative, either to remain in a friendless and most hazardous celibacy, or to yield her hand to Bothwell."--_Remarks on the History of Scotland_, _p._ 204.

[95] Melville, p. 178.

[96] Letter from the Lords of Scotland to Sir Nicholas Throckmorton, in Keith, p. 417.

[97] Melville, p. 180.

[98] Melville, p. 199.

[99] Keith, p. 394.--Melville, p. 179.--Knox, p. 406.

[100] Anderson, vol. i. p. 131.

[101] Anderson, vol. i. p. 128.

[102] Knox, p. 409.

[103] Laing, Appendix, p. 115.

[104] Laing, Appendix, vol. ii. p. 116. Knox says that it was Bothwell who drew back; but the authority to which we have referred is more to be depended on.

[105] Melville, p. 182.

[106] Laing, Appendix, vol. ii. p. 116.

[107] Keith, p. 402.

[108] Keith, p. 403.--Melville, p. 184.--Knox, p. 409.--Laing, Appendix, vol. ii. p. 117.

[109] Laing, Appendix, vol. ii. p. 119.--Anderson, vol. i. p. 128.--Keith, p. 418.

[110] Anderson, vol. i. p. 134.

[111] Keith, p. 408.

[112] Buchanan's History, Book XVIII.

[113] Keith, p. 406, et seq.

[114] Anderson, vol. i. p. 139.