The ‘Detection’ and ‘Actio’ were published to discredit Mary, long after the murderers had confessed that there was no mine at all, that the powder was laid in Mary’s room. In the ‘Book of Articles,’ the powder is placed ‘in the laich house,’ whether that means the arched ground floor, or Mary’s chamber; apparently the latter, as we read, ‘she lay in the house under the King, where also thereafter the powder was placed.’[137] This is made into conformity with the confessions of Bothwell’s men, according to whom but nine or ten were concerned in the deed. But Moray himself, two months after the murder, told de Silva that ‘it is undoubted that over thirty or forty persons were concerned’ (the fifty of the Lennox Paper) ‘and the house ... was entirely undermined.’[138] When Morton, long afterwards, was accused of and executed for the deed, the dittay ran that the powder was under the ‘angular stones and within the vaults.’ In the mysterious letter, attributed to Mary, and cited by Moray and the Lennox Papers, the ‘preparation’ of the Kirk o’ Field is at least hinted at. The ‘Book of Articles’ avers that, ‘from Glasgow, by her letters and otherwise,’ Mary ‘held him’ (Bothwell) ‘continually in remembrance of the said house,’ which she did, in the letter never produced, but not in any of the Casket Letters, unless it be in a note, among other suspicious notes, ‘Of the ludgeing in Edinburgh.’[139] The Lennox MSS., as we saw, say ‘the place was already prepared with “undermining and” trains of powder therein.’ The whole of the narratives, confirmed by Moray, and by the descriptions of the ruin of the house, prove that the theory of a prepared mine was entertained, till Powrie, Tala, and Bowton made their depositions, and, in the ‘Actio,’ an appendix to Buchanan’s ‘Detection,’ and the indictment of Morton, even after that. But when the accusers, of whom some were guilty themselves, came to plead against Mary, they naturally wished to restrict the conspiracy to Bothwell and Mary. The strangling disappears. The murderers are no longer thirty, or forty, or fifty. The powder is placed in Mary’s own room, not in a mine. All this altered theory rests on examinations of prisoners.
What are they worth? They were taken in the following order: Powrie, June 23, Dalgleish, June 26, before the Privy Council. Powrie was again examined in July before the Privy Council, and Hay of Tala on September 13. A note of news says that Tala was taken in Fife on September 6, 1567 (annotated) ‘7th (Nicolas and Bond).’[140] Tala ‘can bleke [blacken] some great men with it’—the murder. But as Mr. Hosack cites Bedford to Cecil, September 5, 1567, Hay of Tala ‘opened the whole device of the murder, ... and went so far as to touch a great many not of the smallest,’ such as Huntly, Argyll, Lethington, and others, no doubt.[141] Even Laing, however, admits that ‘the evidence against Huntly was suppressed carefully in Hay’s deposition.’[142] In Dec.-Jan. 1567-68, anonymous writings say that, if the Lords keep Tala and Bowton alive, they could tell them who subscribed the murder bond, and pray the Lords not to seem to lay all the weight on Mary’s back. A paper of Questions to the Lords of the Articles asks why Tala and Bowton ‘are not compelled openly to declare the manner of the King’s slaughter, and who consented thereunto.’[143]
The authors of these Questions had absolute right on their side. Moray no more prosecuted the quest for all murderers of Darnley than Mary had done. To prove this we need no anonymous pamphlets or placards, no contradictory tattle about secret examinations and dying confessions. When Mary’s case was inquired into at Westminster (December, 1568), Moray put in as evidence the deposition of Bowton, made in December, 1567. Bothwell, said Bowton, had assured him that the crime was devised ‘by some of the noblemen,’ ‘other noblemen had entrance as far as he in that matter.’[144] This was declared by Bowton in Moray’s own presence. The noble and stainless Moray is not said to ask ‘What noblemen do you mean?’ No torture would have been needed to extract their names from Bowton, and Moray should at once have arrested the sinners. But some were his own allies, united with him in accusing his sister. So no questions were asked. The papers which, between Dec.-Jan. 1567-68, did ask disagreeable questions must have been prior to January 3, 1568, when Tala, Bowton, Dalgleish, and Powrie, after being ‘put to the knowledge of an assize,’ were executed; their legs and arms were carried about the country by boys in baskets! According to the ‘Diurnal,’ Tala incriminated, before the whole people round the scaffold, Bothwell, Huntly, Argyll, Lethington, and Balfour, with divers other nobles, and the Queen. On January 7, Drury gave the same news to Cecil, making Bowton the confessor, and omitting the charge against Mary. The incriminated noblemen at once left Edinburgh, ‘which,’ says the ‘Diurnal,’ ‘makes the matter ... the more probable.’[145] Meanwhile Moray ‘looked through his fingers,’ and carried the incriminated Lethington with him, later, as one of Mary’s accusers, while he purchased Sir James Balfour!
What, we ask once more, in these circumstances, are the examinations of the murderers worth, after passing through the hands of the accomplices? On December 8, 1568, Moray gave in the written records of the examinations to the English Commissioners. We have, first, Bothwell’s servant, Powrie, examined before the Lords of the Secret Council (June 23, July 3, 1567). He helped to carry the powder to Kirk o’ Field on February 9, but did not see what was done with it. Dalgleish, examined at Edinburgh on June 26, 1567, before Morton, Atholl, the Provost of Dundee, and Kirkcaldy, said nothing about the powder. Tala was examined, on September 13, at Edinburgh, before Moray, Morton, Atholl, the Lairds of Loch Leven and Pitarro, James Makgill, and the Justice Clerk, Bellenden. No man implicated, except Morton, was present. Tala said that Bothwell arranged to lay the powder in Mary’s room, under Darnley’s. This was done; the powder was placed in ‘the nether house, under the King’s chamber,’ the plotters entering by the back door, from the garden, of which Paris had the key. Thus there would be no show at the front door, in the quadrangle, of men coming and going: they were in Mary’s room, but did not enter by the front door. Next, on December 8, Bowton was examined at Edinburgh before Moray, Atholl, Lindsay, Kirkcaldy of Grange, and Bellenden. He implicated Morton, Lethington, and Balfour, but, at Westminster, Moray suppressed the evidence utterly. (See Introduction, [pp. xiii-xviii], for the suppressions). Next we have the trial of Bowton, Tala, Powrie, and Dalgleish, on January 3, 1568, before Sir Thomas Craig and a jury of burgesses and gentlemen. The accused confessed to their previous depositions. The jury found them guilty on the depositions alone, found that ‘the whole lodging was raised and blown in the air, and his Grace [Darnley] was murdered treasonably, and most cruelly slain and destroyed by them therein.’ When Mr. Hosack asserts that these depositions ‘were taken before the Lords of the Secret Council, namely Morton, Huntly, Argyll, Maitland, and Balfour,’ he errs, according to the documents cited. Only Powrie is described as having been examined ‘before the Lords of the Secret Council.’ Mr. Hosack must have known that Huntly and Argyll were not in Edinburgh on June 23, when Powrie was examined.[146] We can only say that Powrie’s depositions, made before the Lords of the Secret Council, struck the keynote, to which all later confessions, including that of Bothwell’s valet, Paris, correspond.[147] Thus vanish, for the moment, the mine and the strangling, while the deed is done by powder in Mary’s own chamber. Nobody is now left in the actual crime save Bothwell, Bowton, Tala, Powrie, Dalgleish, Wilson, Paris, Ormistoun, and Hob Ormistoun. They knew of no strangling.[148]
But on February 11, 1567, two women, examined by a number of persons, including Huntly, stated thus: Barbara Mertine heard thirteen men, and saw eleven, pass up the Cowgate, and saw eleven pass down the Black Friars wynd, after the explosion. She called them traitors. May Crokat (by marriage Mrs. Stirling), in the service of the Archbishop of St. Andrews (whose house was adjacent to Kirk o’ Field), heard the explosion, thought it was in ‘the house above,’ ran out, saw eleven men, caught one by his silk coat, and ‘asked where the crack was.’ They fled.[149] The avenging ghost of Darnley pursued his murderers for twenty years, and, in their cases, we have later depositions, and letters. Thus, as to the men employed, Archibald Douglas, that reverend parson and learned Lord of Session, informed Morton that he himself ‘was at the deed doing, and came to the Kirk o’ Field yard with the Earls of Bothwell and Huntly.’ Douglas, at this time (June, 1581), had fled from justice to England: Morton was underlying the law. Morton’s confession was made, in 1581, on the day of his execution, to the Rev. John Durie and the Rev. Walter Balcanquell, who wrote down and made known the declaration. On June 3, 1581, Archibald Douglas’s servant, Binning, was also executed. He confessed that Archibald lost one of his velvet mules (dress shoes) on the scene, or on the way from the murder. Powrie had ‘deponed’ that three of Bothwell’s company wore ‘mulis,’ whether for quiet in walking, or because they were in evening dress, having been at Bastian’s wedding masque and dance. Douglas, in a collusive trial before a jury of his kinsmen, in 1586, was acquitted, and showed a great deal of forensic ability.[150]
It is thus abundantly evident that the depositions of the murderers put in by Mary’s accusers did not tell the whole truth, whatever amount of truth they may have told. We cannot, therefore, perhaps accept their story of placing the powder in Mary’s room, where it could hardly have caused the amount of damage described: but that point may be left open. We know that Bothwell’s men were not alone in the affair, and the strangling of Darnley, and the removal of his body, with his purple velvet sable-lined dressing gown (attested by the Lennox MSS.), may have been done by the men of Douglas and Huntly.
The treatment of the whole topic by George Buchanan is remarkable. In the ‘Book of Articles,’ levelled at Mary, in 1568, Darnley is blown up by powder placed in Mary’s room. In the ‘Detection,’ of which the first draft (in the Lennox MSS.) is of 1568, reference for the method of the deed is made to the depositions of Powrie and the others. In the ‘History,’ there are three gangs, those with Bothwell, and two others, advancing by separate routes. They strangle Darnley and Taylor, and carry their bodies into an adjacent garden; the house is then blown up ‘from the very foundations.’ Buchanan thus returns to the strangling, omitted, for reasons, in the ‘Detection.’ Darnley’s body is unbruised, and his dressing-gown, lying near him, is neither scorched nor smirched with dust. A light burned, Buchanan says, in the Hamilton House till the explosion, and was then extinguished; the Archbishop, contrary to custom, was lodging there, with ‘Gloade,’ says a Lennox MS. ‘Gloade’ is—Lord Claude Hamilton![151] While Buchanan was helping to prosecute Mary, he had not a word to say about the strangling of Darnley, and about the dressing-gown and slippers laid beside the corpse, though all this was in the papers of Lennox, his chief. Not a word had he to say about the three bands of men who moved on Kirk o’ Field, or the fifty men of the Lennox MS. The crime was to be limited to Bothwell, his gang, and the Queen, as was convenient to the accusers. Later Buchanan brought into his ‘History’ what he kept out of the ‘Detection’ and ‘Book of Articles,’ adding a slur on Archbishop Hamilton.
Finally, when telling, in his ‘History,’ how the Archbishop was caught at Dumbarton, and hanged by Lennox, without trial, Buchanan has quite a fresh version. The Archbishop sent six or eight of his bravoes, with false keys of the doors (what becomes of Bothwell’s false keys?) to Kirk o’ Field. They strangle Darnley, and lay him in a garden, and then, on a given signal, other conspirators blow up the house. Where is Bothwell? The leader of the Archbishop’s gang told this, under seal of confession, to a priest, a very respectable man (viro minime malo). This respectable priest first blabbed in conversation, and then, when the Archbishop was arrested, gave evidence derived from the disclosure of a Hamilton under seal of confession. The Archbishop mildly remarked that such conduct was condemned by the Church. Later, the priest was executed for celebrating the Mass (this being his third conviction), and he repeated the story openly and fully. The tale of the priest was of rather old standing. When collecting his evidence for the York Commission of October, 1568, Lennox wrote to his retainers to ask, among other things, for the deposition of the priest of Paisley, ‘that heard and testified the last exclamation of one Hamilton, which the Laird of Minto showed to Mr. John Wood,’ who was then helping Lennox to get up his case (June 11, 1568).[152] Buchanan has yet another version, in his ‘Admonition to the Trew Lordis:’ here the Archbishop sends only four of his rogues to the murder.
Buchanan’s plan clearly was to accuse the persons whom it was convenient to accuse, at any given time; and to alter his account of the method of the murder so as to suit each new accusation. Probably he was not dishonest. The facts ‘were to him ministered,’ by the Lords, in 1568, and also by Lennox. Later, different sets of facts were ‘ministered’ to him, as occasion served, and he published them without heeding his inconsistencies. He was old, was a Lennox man, and an advanced Liberal.
Of one examination, which ought to have been important, we have found no record. There was a certain Captain James Cullen, who wrote letters in July 13 to July 18, 1560, from Edinburgh Castle, to the Cardinal of Lorraine. He was then an officer of Mary of Guise, during the siege of Leith.[153] In the end of 1565, and the beginning of 1566, Captain Cullen was in the service of Frederic II. of Denmark, and was trying to enlist English sailors for him.[154] Elizabeth refused to permit this, and Captain Cullen appears to have returned to his native Scotland, where he became, under Bothwell, an officer of the Guard put about Mary’s person, after Riccio’s murder. On February 28, 1567, eighteen days after Darnley’s murder, Scrope writes that ‘Captain Cullen with his company have the credit nearest her’ (Mary’s) ‘person.’ On May 13, Drury remarks, ‘It was Captain Cullen’s persuasion, for more surety, to have the King strangled, and not only to trust to the powder,’ the Captain having observed, in his military experience, that the effects of explosions were not always satisfactory. ‘The King was long of dying, and to his strength made debate for his life.’[155]