Too late for notice in the body of this book, the following curious piece of evidence was observed by Father Ryan, S.J., in the Cambridge MS. of the deposition of Hepburn of Bowton. This kinsman and accomplice of Bothwell was examined on December 8, 1567, before Moray, Atholl, Kirkcaldy, Lindsay, and Bellenden, Lord Justice Clerk. The version of his confession put in at the Westminster Conference, December 1568, will be found in Anderson, ii. 183-188, and in Laing, ii. 256-259. The MS. is in Cotton Caligula, C.I. fol. 325. It is attested as a ‘true copy’ by Bellenden. But if we follow the Cambridge MS. it is not a true copy. A long passage, following ‘and lay down with him,’ at the end, is omitted. That passage I now cite:
‘Farther this deponar sayis that he inquirit at my lord quhat securitie he had for it quhilk wes done, because their wes sic ane brute and murmor in the toun And my lord ansuerit that diuerse noblemen had subscrivit the deid with him And schew the same band[2] to the deponar, quhairat wes the subscriptionis of the erles of huntlie, ergile, boithuile altogether, and the secretares subscriptioun far beneth the rest. And insafar as the deponar remembers this was the effect of it, it contenit sum friuose [frivolous?] and licht caussis aganis the king sic as hys behavior contrar the quene, quhilk band wes in ane of twa silver cofferis and wes in dunbar, and the deponar saw the same there the tyme that they wer thare after the quenis revissing And understandis that the band wes with the remanent letters, and putt in the castell be george dalgleis. Inquirit quha deuisit that the king suld ludge at the kirk of feild?
‘Answeris Sr James balfor can better tell nor he And knew better and befoir the deponer yof. And quhen the Quene wes in glasgow my lord Boithuile send the deponar to Sr James balfor desiring that he wald cum and meit my lord at the kirk of feild To quhome Schir James ansuerit, “will my lord cum thair? gif he cum it wer gude he war quiet.” And yit they met not at that place than nor at natyme thairefter to the deponers knawledge.
‘Thair wes xiiii keyis quhilkis this deponer efter the murthor keist in the grevvell hoill [? quarrel-hoill, i.e. quarry hole] betuix the abbay and leith. And towardes the makers of the keyis they were maid betuix Leuestoun and Sr James balfor and thai twa can tell. Item deponis that Ilk ane that wer of the band and siclike the erle of Morton and Syr James balfor suld haif send twa men to the committing of the murther. And the erle boithuile declarit to the deponar are nyt or twa afore the murthor falland in talking of thame that wer in the kingis chalmer My lord said that Sandy Durham wes ane gude fallowe and he wald wische that he weir out of the same.
‘This is the trew copy, etc.’
Perhaps few will argue that this passage has been fraudulently inserted in the Cambridge MS. If not, Bellenden lied when he attested the mutilated deposition to be a true copy. His own autograph signature attests the Cambridge copy. Moray, who heard Bowton make his deposition, was a partner to the fraud. The portion of the evidence burked by Moray is corroborated, as regards the signatures of the band for Darnley’s murder, by Ormistoun, much later (Dec. 13, 1573) in Laing, ii. 293. Ormistoun, however, probably by an error of memory, says that he saw what Bothwell affirmed to be the signature of Sir James Balfour, in addition to those spoken of by Bowton, namely Argyll, Bothwell, Huntly, and Lethington. This statement as to Balfour Bowton withdrew in his dying confession as published. Bowton’s remark that Lethington’s signature came ‘far beneath the rest’ sounds true. Space would be left above for the signatures of men of higher rank than the secretary.
Bowton saw the band at Dunbar (April-May, 1567, during Mary’s detention there), ‘in one of two silver coffers.’ He only ‘understands’ that the band was ‘with the remanent letters, and put in the Castle by George Dalgleish.’ If ‘the remanent letters’ are the Casket Letters, and if Bowton, at Dunbar, had seen them with the band, and read them, his evidence would have been valuable as to the Letters. But as things are, we have merely his opinion, or ‘understanding,’ that certain letters were kept with the band, as Drury, we know, asserted that it was in the Casket with the other papers, and was destroyed, while the Letters attributed to Mary ‘were kept to be shown.’ Of course, if this be true, Morton lied when he said that the contents of the Casket had neither been added to nor diminished.
Next, Bowton denied that, to his knowledge, Bothwell and Balfour met at the Kirk o’ Field, while Mary was at Glasgow, or at any other time. If Bowton is right, and he was their go-between, Paris lied in his Deposition where he says that Bothwell and Sir James had passed a whole night in Kirk o’ Field, while Mary was at Glasgow.[3]
Bowton’s confession that Morton ‘should have sent two men to the committing of the murder,’ explains the presence of Archibald Douglas, Morton’s cousin, with Binning, his man. These two represented Morton. Finally, Bowton’s confession in the Cambridge MS. joins the copy of his confession put in at Westminster, on the point of the fourteen false keys of Kirk o’ Field, thrown by Bowton into a gravel hole. Unless then the Cambridge MS. is rejected, the Lord Justice Clerk and Moray deliberately suppressed evidence which proved that Moray was allied with two of Darnley’s murderers in prosecuting his sister for that crime. Such evidence, though extant, Moray, of course, dared not produce, but must burke at Westminster.
I have shown in the text (p. 144) that, even on Bowton’s evidence as produced at Westminster, Moray was aware that Bothwell had allies among the nobles, but that, as far as the evidence declares, he asked no questions. But the Cambridge MS. proves his full knowledge, which he deliberately suppressed. The Cambridge MS. must either have been furnished to Lennox, before the sittings at Westminster; or must have been the original, or a copy of the original, later supplied to Dr. Wilson while preparing Buchanan’s ‘Detection,’ the ‘Actio,’ and other documents for the press in November 1571.[4] It will be observed that when Lethington was accused of Darnley’s murder, in September 1569, Moray could not well have prosecuted him to a conviction, as his friends, Atholl and Kirkcaldy, having been present at Bowton’s examination, knew that Moray knew of Lethington’s guilt, yet continued to be his ally. The Cambridge copy of the deposition of Hay of Tala contains no reference to the guilt of Morton or Lethington; naturally, for Morton was present at Hay’s examination. Finally, the evidence of Binning, in 1581, shows that representatives of Lethington and Balfour, as well as of Morton, were present at the murder, as Bowton, in his suppressed testimony, says had been arranged.