Father Pollen has also read most of my proof-sheets, but he is not responsible for any of my provisional conclusions. I have also consulted, on various points, Mr. George Neilson, Dr. Hay Fleming, Mr. A. H. Millar, and others.

Miss Dorothy Alston made reduced drawings, omitting the figures, of the contemporary charts of Edinburgh, and of Kirk o’ Field. Mr. F. Compton Price supplied the imitations of Mary’s handwriting, and the facsimiles in Plates A B, B A, &c.

For leave to photograph and publish the portrait of Darnley and his brother I have to acknowledge the gracious permission of his Majesty, the King.

The Duke of Hamilton has kindly given permission to publish photographs of the Casket at Hamilton Palace (see Chapter XVIII.).

The Earl of Morton has been good enough to allow his admirable portraits of Mary (perhaps of 1575) and of the Regent Morton to be reproduced.

Mr. Oliphant, of Rossie, has placed at my service his portrait of Mary as a girl, a copy, probably by Sir John Medina, of a contemporary French likeness.

To the kindness of the Right Hon. A. J. Balfour and Miss Balfour we owe the photographs of the famous tree at Whittingham, Mr. Balfour’s seat, where Morton, Lethington, and Bothwell conspired to murder Darnley.

The Lennox Papers are in the Cambridge University Library.

The Suppressed Confessions of Hepburn of Bowton

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 murmo^r 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 behavio^r 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 S^r James balfo^r 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 S^r James balfo^r 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 murtho^r 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 S^r James balfo^r and thai twa can tell. Item deponis that Ilk ane that wer of the band and siclike the erle of Morton and Sy^r James balfo^r 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 murtho^r 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)