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 pa.s.sed 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 pa.s.s 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 princ.i.p.al {original} writings, if they have any, produced; and with G.o.d'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 s.p.a.ce 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, pa.s.sed 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 princ.i.p.al 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 in.o.bedient 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 amba.s.sador, 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.]

SECTION VII

THE DOc.u.mENTS

_CONTENTS_

1. The Contents of the Casket.

(_a_) The Letters.

(_b_) The Sonnets.

(_c_) The Contracts of Marriage.

2. The Deposition of Thomas Nelson.

3. The Deposition of Thomas Crawford.

4. Murray's Journal.

5. The Depositions of Paris.

6. The Confession of Ormiston.

7. The Confession of the Earl of Morton.

8. Letter from Mr. Archibald Douglas to the Queen of Scots.