So much information unknown to older disputants such as Goodall, the elder Tytler, Chalmers, and Malcolm Laing, and in certain cases unknown even to Froude and Skelton, has accrued, that the question can now best be studied in The Casket Letters, by T.F. Henderson (1889; second issue, 1890, being the more accurate); in The Mystery of Mary Stuart, by Andrew Lang (4th edition, 1904), and in Henderson’s criticism of that book, in his Mary, Queen of Scots (1905) (Appendix A). The conclusion arrived at here is that of Henderson, but it is reached independently.
The history of the letters must be given in summary. Henderson, in The Casket Letters (1889), was the first to publish and use as evidence a document of which the existence was made known in the fifth report of the royal commission on historical manuscripts. It is a sworn statement of the earl of Morton, written in 1568. A silver casket (originally Mary’s property, but then in the possession of Bothwell) was placed in his hands on the 20th of June, and was inspected by several nobles and gentlemen on the 21st of June 1567. Morton denies that the contents, the letters, sonnets, and some other papers, had been in any way tampered with. But if Moray could knowingly submit garbled evidence, Morton’s oath is of no value if uncorroborated.
Mary was, on the 21st of June 1567, a prisoner in Loch Leven Castle. A messenger was at once sent from Edinburgh to London with a letter from Lethington and a verbal message. By the 12th of July, de Silva, the Spanish ambassador, reports on the authority of the French ambassador that du Croc, French envoy to Scotland, avers that Mary’s Scottish enemies have autograph letters of hers proving her guilt, and himself possesses copies. Of these copies no more is heard, and they cannot be found. According to de Silva, Elizabeth said that she did not believe in the Letters, and that Lethington, who wrote to Cecil on the 21st of June, and sent a verbal message by the bearer, “had behaved badly in the matter,”—whether that of the letters, or in general. On what evidence she based that opinion, if she really held it, is unknown. In December 1567 the Scottish parliament was informed that the letters were signed by Mary (they are unsigned), but the phrase is not used in the subsequent act of parliament. The letters were exhibited and apparently were read, probably read aloud. Mary’s party in September 1568 declared that they were garbled, and that the handwriting was not hers. In the end of July 1567 the earl of Moray, Mary’s brother, passing through London from France, told de Silva, as de Silva reported to his government, that there was proof of Mary’s guilt in a letter of three double sheets of paper signed by her.
According to Moray’s version of the letter, Mary was to try to poison Darnley in a house on the way between Glasgow and Edinburgh where he and she were to stop. Clearly Lord Livingstone’s house, Callendar, where they did rest on their journey, is intended. If this failed, Mary would put Darnley “in the house where the explosion was arranged for the night upon which one of the servants was to be married.” No such arrangement had been made, as the confessions of the murderers, at which Moray was present, clearly prove. It may be said that de Silva means “the house in which the explosion was afterwards arranged.” But the earl of Lennox, Darnley’s father, understood Moray to mean that as early as January 21-22, 1567, the house of Kirk o’ Field, where Darnley was slain, had already been mined. Moray’s version of the letter made Mary tell Bothwell to poison or put away his wife. No such matters occur in Letter II.; Moray spoke, he said, on the authority of “a man who had read the letter.” A similar account of this letter is given in a document of Darnley’s father, the earl of Lennox (Cambridge University Library MSS. Oo. 7. 47; f. 17 b.). Can we suppose that “the man who had read the letter” invented much of its contents, and told them to Moray, who told de Silva, and told Darnley’s father, Lennox, then in or near London?
At this point comes in the evidence—unknown to Froude, Skelton, Hosack, and Henderson in his book The Casket Letters—of a number of documents, notes of information, and indictments of Mary, written for or by the earl of Lennox. These MSS are in the University Library of Cambridge, and were transcribed by Father Stevenson. His transcripts were brought to light by Father Pollen, S.J., who lent them, with his own notes on them, to Andrew Lang for use in his book, The Mystery of Mary Stuart (1900-1904).
Not one of the Lennox documents is dated; all but one are endorsed in an English hand of the period. It may be conjectured that they were selected by Lennox from his papers, and lent by him to some one who was writing against Mary. Among them (Cambridge University MSS. Oo. 7. 47. fol. 17 b.) is a long indictment of Mary, in which Lennox describes a wicked letter of hers. As has been said, he closely follows Moray’s version reported by de Silva in July 1567. Lennox also gives several stories of cruel words of Mary spoken to Darnley in the hearing of her servants.
Now, on the 11th of June 1568, Lennox was in the company of John Wood, a creature of Moray’s, and Wood, as we saw, brought copies of the Scots renderings of the Letters into England in May-June 1568. It was argued by Andrew Lang that Wood was likely to show these letters to Lennox; and that as Lennox follows Moray’s version of Mary’s long and murderous letter, and does not follow Letter II., the murderous letter (a forgery) was then part of the dossier of Mary’s accusers. Again, as Lennox’s indictment of Mary (Cambridge Oo. 7. 47. fol. 17 b.) is rife in “reports and sayings of Mary’s servants” about her cruel words to Darnley, and as Lennox had not these reports on the 11th of June 1568, for on that day he wrote to Scotland asking his friends to discover them and send them to him, the indictment (Oo. 7. 47) must have been composed long after the 11th of June. This must be so, for Lennox’s letters of the 11th of June were intercepted by his foes, the Hamiltons, and were found in the Hamilton Muniment Room. Thus answers to his inquiries were delayed. (The letters of Lennox were published in Miscellany of the Maitland Club, vol. iv.)
Henderson, on the other side, believes that Wood “indubitably” showed to Lennox the Scots copies of the Casket Letters about the 11th of June 1568. But Lennox, he says, could not quote Letter II. in his indictment against Mary, and had to rest on Moray’s version of July 1567, because Lennox’s indictment was completed, and even laid before Elizabeth, as early as the 28th of May 1568. Henderson seeks to prove that this is so by quoting from Chalmers’s Mary Queen of Scots (vol. ii. p. 289) the statement that Lennox and his wife on that day presented to Elizabeth a “Bill of Supplication”; and (though he submits that the indictment [Oo. 7. 47] is a draft for the Bill) he strengthens his case by heading the indictment, which he publishes, Bill of Supplication. The document, in fact, is unendorsed, and without a title, and there is not a word of “supplication” in it. It is a self-contradictory history of the relations between Mary and Darnley.
Henderson’s contention therefore seems erroneous. Lennox could not begin to prepare an English indictment against Mary till she was in England and in Elizabeth’s power. He could not hear of this fact—Mary’s arrival in England (May 16, 1568)—before, say, the 19th of May; and between the 19th of May and the 28th of May he could not write for and receive from Scotland “the reports and sayings of her servants.” He did not possess them on the 11th of June, when he asked for them; he did not get them at once, for his letters were intercepted; the indictment (Oo. 7. 47) is rich in them; therefore that paper is not the “Bill of Supplication” of the 28th of May.
Thus the question remains, why, if Wood about the 11th of June showed to Lennox Letter II. in Scots, did Lennox follow Moray’s erroneous version of July 1567? Because in June 1568 that version, forged, was in the Scots collection of the Casket Letters? If so, there was time for Lennox to lend to the accusers certain notes which a retainer of his, Thomas Crawford of Jordan Hill, swore (December 9, 1568) that he had made for Lennox (about January 22, 1567) of secret conversations between Darnley and Mary. Lennox (June 11, 1568) asked Crawford for his reminiscences, not of Darnley’s reports of his talks with Mary, but of Crawford’s own interview with her as she entered Glasgow to visit Darnley, probably on the 21st of January 1567. It follows that Lennox possessed Crawford’s written notes of the Darnley and Mary conversations. If he had not possessed them on the 11th of June 1568, he must have asked Crawford for his reminiscences of these talks. But he did not ask.