No. 158. These different charters suppose the queen to have made so many unknown, improbable, and inconsistent journeys, that they afford the clearest demonstration that the dates in these records ought not to be depended on.

This becomes more evident from the date of the charter said to be signed April 27th, which happened that year to be a Sunday, which was not, at that time, a day of business in Scotland, as appears from the books of sederunt, then kept by the lords of session.

From this short review of our author's proof of the forgery of the letters to Bothwell, it is evident, that his arguments are far from amounting to demonstration.

*

Another argument against the genuineness of these letters is founded on the style and composition, which are said to be altgether unworthy of the queen, and unlike her real productions. It is plain, both from the great accuracy of composition in most of Mary's letters, and even from her solicitude to write them in a fair hand, that she valued herself on those accomplishments, and was desirous of being esteemed an elegant writer. But when she wrote at any time in a hurry, then many marks of inaccuracy appear. A remarkable instance of this may be found in a paper published, Good. ii. 301. Mary's letters to Bothwell were written in the utmost hurry; and yet under all the disadvantages of a translation, they are not destitute either of spirit or of energy. The manner in which she expresses her love to Bothwell has been pronounced indecent and even shocking. But Mary's temper led her to warm expressions of her regard; those refinements of delicacy, which now appear in all the commerce between the sexes, were in that age but little known, even among persons of the highest rank. Among the earl of Hardwicke's papers, there is a series of letters, from Mary to the duke of Norfolk, copied from the Harleian library, p. 37. b. 9. fol. 88, in which Mary declares her love to that nobleman in a language which would now be reckoned extremely indelicate; Hard. State Papers, i. 189, &c.

Some of Mary's letters to Bothwell were written before the murder of her husband; some of them after that event, and before her marriage to Bothwell Those which are prior to the death of her husband abound with the fondest expressions of her love to Bothwell, and excite something more than a suspicion that their familiarity had been extremely criminal. We find in them, too, some dark expressions, which her enemies employed to prove that she was no stranger to the schemes which were formed against her husband's life. Of this kind are the following passages: Alage never dissavit ony body; but I remit me altogidder to zour will. Send me advertisement quhat I sall do, and quhatsaever thing come thereof, I sall obey zow. Advise to with zourself, gif ze can find out ony mair secret inventioun by medicine, for he suld tak medicine, and the bath at Craigmillar." Good. ii. 22. "See not hir quhais fenzeit teiris suld not be sa meikle praisit and estemit, as the trew and faithfull travellis

* The uncertainty of any conclusion formed merely on the date of public papers in that age, especially with respect to the king, is confirmed and illustrated by a discovery which was made lately. Mr. Davidson (to whom I was indebted for much information when I composed this dissertation thirty-three years ago) has, in the course of his intelligent researches into the antiquities of his country, found an original paper which must appear curious to Scottish antiquaries. Buchanan asserts, that on account of the king's frequent absence, occasioned by his dissipation and love of field sports, a cachette, or stamp cut in metal, was made, with which his name was affixed to public deeds, as if he had been present. Hist. lib. xvii. p. 343. Edit. Ruddim. Knox relates the same thing, Hist. p. 393. How much this may have divested the king of the consequence which he derived from having his name conjoined with that of the queen in all public deeds, as the affixing of his name was thereby put entirely in the power of the person who had the custody of the cachette, is manifest. The keeping of it, as both Buchanan and Knox affirm, was committed to Rizio. A late defender of queen Mary calls in question what they relate, and seems to consider it as one of the aspersions. Goodall, vol. i. p. 238. The truth of their assertion, however, is now fully established by the original deed which I have mentioned. This I have seen and examined with attention. It is now lodged by Mr. Davidson in the signet office. In it, the subscription of he king s name has evidently been made by a cachette with printers' ink

Ibid. 27.

66

quhilk I sustene for to merit hir place. For obtaining of the quhilk, againis my natural, I betrayis thame that may impesche me. may impesche me. God forgive me," &c. "I have walkit laiter thairup, than I wald have done, gif it had not been to draw something out of him, quhilk this bearer will shaw zow, quhilk is the fairest commodity that can be offerit to excuse Zour affairs." Ibid. 32. From the letters posterior to the death of her husband, it is evident that the scheme of Bothwell's seizing Mary by force, and carrying her along with him, was contrived in concert with herself, and with her approbation.*

* That letters of so much importance as those of Mary to Bothwell should have been entirely lost, appears to many altogether unaccountable. After being produced in England before Elizabeth's commissioners, they were delivered back by them to the earl of Murray. Good. ii. 235. He seems to have kept them in his possession during life. After his death they fell into the hands of Lennox his successor, who restored them to the eari of Morton. Good. ii. 91. Though it be not necessarily connected with any of the questions which gave occasion to this dissertation, it may perhaps satisfy the curiosity of some of my readers to inform them, that, after a very diligent search, which has lately been made, no copy of Mary's letters to Bothwell can be found in any of the public libraries in Great Britain. The only certain intelligence concerning them, since the time of their being de livered to Morton, was communicated by the accurate Dr. Birch.

Extract of the letters of Robert Bowes, Esq. ambassador from queen Elizabeth to the king of Scotland, written to sir Francis Walsingham, secretary of state, from the original register book of Mr. Bowes's letters, from 15th of August, 1582, to 28th September, 1583, in the possession of Chris topher Hunter, M. D. of Durham.

Albeit I have been borne in hand, That the coffer wherein were the originals of letters between the Scottish queen and the earl of Bothwell, had been delivered to sundry hands, and thereby was at present wanting, and unknown where it rested, yet I have learned certainly by the prior of Pluscardyne's means, that both the coffer and also the writings are come, and now remain with the earl of Gowrie, who, I perceive, will be hardly intreated to make delivery to her Majesty, according to her Majesty's desire.

This time past I have expended in searching where the coffer and writing were, wherein, without the help of the prior, I should have found great difficulty; now I will essay Gowrie, and of my success you shall be shortly advertised.

12th of November, 1582, from Edinburgh.

Because I had both learned, that the casket and letters mentioned in my last, before these were come to the possession of the earl of Gowrie, and also found that no mean might prevail to win the same out of his hands without his own consent and privity; in which behalf I had employed fit instruments, that nevertheless profiting nothing; therefore I attempted to essay himself, letting him know that the said casket and letters should have been brought her Majesty by the offer and good means of good friends, promising to have delivered them to her Majesty before they came into his hands and custody, and knowing that he did bear the like affection, and was ready to pleasure her Majesty in all things, and chiefly in this that had been thus far tendered to her Majesty, and which thereby should be well accepted and with princely thanks and gratuity be requited to his comfort and contentment; I moved him that they might be a present to be sent to her Majesty from him, and that I might cause the same to be conveyed to her Majesty, adding hereunto such words and arguments as might both stir up a hope of liberality, and also best effect the purpose. At the first he was loth to agree that they were in his possession; but I let him plainly know that I was certainly informed that they were delivered to him by Sanders Jardin; whereupon he pressed to know who did so inform me, inquiring whether the sons of the earl of Morton had done it, or no. I did not otherwise in plain terms deny or answer thereunto, but that he might think that he had told me as the prior is ready to avouch, and well pleased that I shall give him to be the author thereof; which he had said [though] all these letters were in his keeping (which he would neither grant nor deny), yet he might not deliver them to any person without the consents and privities, as well of the king, that had interest therein, as also of the rest of the noblemen enterprisers of the action, against the king's mother, and that would have them kept as an evidence to warrant and make good that action. And albeit I replied, that their action in that part touching the assignation of the crown to the king by his mother had received such establishment, confirmation and strength, by acts of parliaments and other public authority and instruments, as neither should that case be suffered to come in debate or question, nor such scrolls and papers ought to be showed for the strengthening thereof, so as these might well be left and be rendered to the hands of her Majesty, to whom they were destined before they fell into his keeping; yet he would not be removed or satisfied; concluding, after much reasonings, that the earl of Morton, nor any other that had the charge and keeping thereof, durst at any time make delivery: and because it was the first time that I had moved him therein, and that he would gladly both answer her Majesty's good expectation in him, and also perform his duty due to his sovereign, and associates in the action aforesaid; therefore he would seek out the said casket and letters, at his return to his house, which he thought should be within a short time; and upon finding of the same, and better advice and consideration had of the cause, he would give farther answer. This resolution I have received as to the thing; and for the present I could not better, leaving him to give her Majesty such testimony of his good will towards her, by his frank dealing herein, as she may have cause to confirm her Highness's good opinion conceived already of him, and be thereby drawn to greater goodness towards him. I shall still labour him both by myself and also by all other means; but I greatly distrust the desired success herein.

With respect to the sonnets, sir David Dalrymple has proved clearly, that they must have been written after the murder of the king, and prior to Mary's marriage with Bothwell. But as hardly any part of my narrative is founded upon what is contained in the sonnets, and as in this Dissertation I have been constrained to dwell longer upon minute and verbal criticisms than may be interesting and agreeable to many of my readers, I shall rest satisfied with referring, for information concerning every particular relative to the sonnets, to Remarks on the History of Scotland, Chap. XI.

Having thus stated the proof on both sides; having examined at so great a length the different systems with regard to the facts in controversy; it may be expected that I should now pronounce sentence. In my opinion, there are only two conclusions, which can be drawn from the facts which have been enumerated.

One, that Bothwell, prompted by his ambition or love, encouraged by the queen's known aversion to her husband, and presuming on her attachment to himself, struck the blow without having concerted with her the manner or circumstances of perpetrating that crime. That Mary, instead of testifying much indignation at the deed, or discovering any resentment against Bothwell, who was accused of having committed it, continued to load him with marks of her regard, conducted his trial in such a manner

24th of November, 1582, from Edinburgh.

For the recovery of the letters in the coffer, come to the hands of the earl of Gowrie, I have lately moved him earnestly therein, letting him know the purpose of the Scottish queen, both giving out that the letters are counterfeited by her rebels, and also seeking thereon to have them delivered to her or defaced, and that the means which she will make in this behalf shall be so great and effectual, as these writings cannot be safely kept in that realm without dangerous offence of him that hath the custody thereof, neither shall he that is once known to have them be suffered to hold them in his hands. Herewith I have at large opened the perils likely to fall to that action, and the parties therein, and particular to himself that is now openly known to have the possession of these writings, and I have lettin him see what surety it shall bring to the said cause and all the parties therein, and to himself, that these writings may be with secrecy and good order committed to the keeping of her Majesty, that will have them ready whensoever any use shall be for them, and by her Highness'> countenance defend them and the parties from such wrongful objections as shall be laid agains them, offering at length to him, that if he be not fully satisfied herein, or doubt that the rest of the associates shall not like of the delivery of them to her Majesty in this good manner, and for the interest rehearsed, that I shall readily, upon meeting and conference with them, procure their assent in this part (a matter more easy to offer than to perform); and lastly, moving him that (for the secrecy and benefit of the cause, and that her Majesty's good opinion towards himself may be firmly settled and confirmed by his acceptable forwardness herein) he would, without needless scruple, frankly commit these writings to her Majesty's good custody for the good uses received. After long debate he resolved, and said, that he would unfeignedly shew and do to her Majesty all the pleasure that he might without offence to the king his sovereign, and prejudice to the associates in the action, and therefore he would first make search and view the said letters, and herein take advice what he might do, and how far he might satisfy and content her Majesty; promising thereon to give more resolute answer; and he concluded flatly that after he had found and seen the writings, that he might not make delivery of them without the privity of the king. Albeit I stood along with him against his resolution in this point, to acquaint the king with this matter before the letters were in the hands of her Majesty, letting him see that his doings there should admit great danger to the cause; yet I could not remove him from it. It may be that he meaneth to put over the matter from himself to the king, upon sight whereof I shall travel effectually to obtain the king's consent, that the letters may be committed to her Majesty's keeping, thinking it more easy to prevail herein with the king, in the present love and affection that he beareth to her Highness, than to win any thing at the hands of the associates in the action, whereof some principal of them now come and remain at the devotion of the king's mother; in this I shall still call on Gowrie, to search out the coffer, according to his promise; and as I shall find him minded to do therein, so shall I do my best and whole endeavour to effect the success to her Majesty's best contentment.

2d December, 1582, from Edinburgh.

Because I saw good opportunity offered to renew the matter to the earl of Gowrie for recovery of the letters in the coffer in his hands, therefore I put him in mind thereof: whereupon he told me that the duke of Lennox had sought earnestly to have had those letters, and that the king did know where they were, so as they could not be delivered to her Majesty without the king's privity and consent, and he pretended to be still willing to pleasure her Majesty in the same, so far as he may with his duty to the king and to the rest of the associates in that action: but I greatly distrust to effect this to her Majesty's pleasure, wherein, nevertheless, I shall do my utmost endeavours.

Whether James VI., who put the earl of Gowrie to death, A. D. 1584, and seized all his effects, took care to destroy his mother's letters, for whose honour he was at that time extremely zealous whether they have perished by some unknown accident, or whether they may not still remain un observed among the archives of some of our great families, it is impossible to determine.

as rendered it impossible to discover his guilt, and soon after, in opposition to all the maxims of decency or of prudence, voluntarily agreed to a marriage with him, which every consideration should have induced her to detest. By this verdict, Mary is not pronounced guilty of having contrived the murder of her husband, or even of having previously given her consent to his death; but she is not acquitted of having discovered her approbation of the deed, by her behaviour towards him who was the author of it.

The other conclusion is that which Murray and his adherents laboured to establish: "That James, sometymme earl of Bothwile, was the chiefe executor of the horribill and unworthy murder, perpetrat in the person of umquhile king Henry of gude memory, fader to our soveraine lord, and the queenis lauchfull husband; sa was she of the foreknowledge, counsall, devise, perswadar, and command of the said murder to be done. Good. ii. 207.

Which of these conclusions is most agreeable to the evidence that has been produced, I leave my readers to determine

APPENDIX.

No. I. (p. 88.)

A Memorial of certain Points meet for the restoring the Realm of SCOTLAND to the antient Weale.

(5th August, 1559. Cotton, Lib. Cal. B. x. fol. 17. From a copy in Secretary Cecil's hand.]

IMPRIMIS, it is to be noted that the best worldly felicity that Scotland can nave is either to continue in a perpetual peace with the kingdom of England, or to be made one monarchy with England, as they both make but one island, divided from the rest of the world.

If the first is sought, that is, to be in perpetual peace with England, then must it necessarily be provided that Scotland be not so subject to the appointments of France as is presently, which, being an ancient enemy to England, seeketh always to make Scotland an instrument to exercise thereby their malice upon England, and to make a footstool thereof to look over England as they may.

Therefore, when Scotland shall have come into the hands of a mere Scottish man in blood, then may there be hope of such accord; but as long as it is at the commandment of the French, there is no hope to have accord long betwixt these two realms.

Therefore, seeing it is at the French king's commandment, by reason of his wife, it is to be considered for the weale of Scotland, that until she have children, and during her absence out of the realm, the next heirs to the crown, being the house of the Hamiltons, should have regard hereto, and to see that neither the crown be imposed nor wasted; and, on the other side, the nobility and commonalty ought to force that the laws and the old customs of the realm be not altered, neither that the country be not impoverished by taxes, imprest, or new imposts, after the manner of France; for provision wherein, both by the law of God and man, the French king and his wife may be moved to reform their misgovernance of the land.

And for this purpose, it were good that the nobility and commons joined with the next heir of the crown, do seek due reformation of such great abuses as tend to the ruin of their country, which must be done before the French grow too strong and insolent.

First, That it may be provided by the consent of the three estates of the land, that the land may be free from all idolatry like as England is; for justification whereof, if any free general council may be had, where the Pope of Rome have not the seat of judgment, they may offer to show their cause to be most agreeable to Christ's religion.

Next, To provide that Scotland might be governed, in all rules and offices, by the antient blood of the realm, without either captains, lieutenants, and soldiers, as all other princes govern their countries, and especially that the forts might be in the hands of mere Scottish men.

Thirdly, That they might never be occasioned to enter into wars against England, except England should give the first cause to Scotland.

Fourthly, That no nobleman of Scotland should receive pension of France, except it were whilst he did serve in France, for otherwise thereby the French would shortly corrupt many to betray their own country.

Fifthly, That no office, abbey, living, or commodity, be given to any but mere Scottish men, by the assent of the three estates of the realm.

Sixthly, That there be a council in Scotland, appointed in the queen's absence, to govern the whole realm, and in those cases not to be directed by the French,