ACCOUNT OF A BOOK

ENTITLED

AN HISTORICAL AND CRITICAL ENQUIRY

Into the evidence produced by the earls of MORAY and MORTON against

MARY QUEEN OF SCOTS'.

With an examination of the reverend Dr. Robertson's Dissertation, and Mr. Hume's History, with respect to that evidence m

WE live in an age, in which there is much talk of independence, of private judgment, of liberty of thought, and liberty of press. Our clamorous praises of liberty sufficiently prove that we enjoy it; and if, by liberty, nothing else be meant, than security from the persecutions of power, it is so fully possessed by us, that little more is to be desired, except that one should talk of it less, and use it better.

But a social being can scarcely rise to complete independence; he that has any wants, which others can supply, must study the gratification of them, whose assistance he expects; this is equally true, whether his wants be wants of nature, or of vanity. The writers of the present time are not always candidates for preferment, nor often the hirelings of a patron. They profess to serve no interest, and speak with loud contempt of sycophants and slaves.

There is, however, a power, from whose influence neither they, nor their predecessors, have ever been free. Those, who have set greatness at defiance, have yet been the slaves of fashion. When an opinion has once become willing to oppose it. Idleness is more willing to credit than inquire; cowardice is afraid of controversy, and vanity of answer; and he that writes

popular, very few are

Written by Mr. Tytler, of Edinburgh.

Printed in the Gentleman's Magazine, October, 1760.

merely for sale, is tempted to court purchasers by flattering the prejudices of the publick.

It has now been fashionable, for near half a century, to defame and vilify the house of Stuart, and to exalt and magnify the reign of Elizabeth. The Stuarts have found few apologists, for the dead cannot pay for praise; and who will, without reward, oppose the tide of popularity? yet there remains, still, among us, not wholly extinguished, a zeal for truth, a desire of establishing right, in opposition to fashion. The author, whose work is now before us, has attempted a vindication of Mary of Scotland, whose name has, for some years, been generally resigned to infamy, and who has been considered, as the murderer of her husband, and condemned by her own letters.

Of these letters, the author of this vindication confesses the importance to be such, that, "if they be genuine, the queen was guilty; and, if they be spurious, she was innocent." He has, therefore, undertaken to prove them spu rious, and divided his treatise into six parts.

In the first is contained the history of the letters from their discovery by the earl of Morton, their being produced against queen Mary, and their several appearances in England, before queen Elizabeth and her commissioners, until they were finally delivered back again to the earl of Morton.

The second contains a short abstract of Mr. Goodall's arguments for proving the letters to be spurious and forged; and of Dr. Robertson and Mr. Hume's objections, by way of answer to Mr. Goodall, with critical observations on these authors.

The third contains an examination of the arguments of Dr. Robertson and Mr. Hume, in support of the authenticity of the letters.

The fourth contains an examination of the confession of Nicholas Hubert, commonly called French Paris, with observations, showing the same to be a forgery.

The fifth contains a short recapitulation, or summary, of the arguments on both sides of the question.

VOL. VI.

The last is an historical collection of the direct or positive evidence still on record, tending to show what part the earls of Murray and Morton, and secretary Lethington, had in the murder of the lord Darnley.

The author apologizes for the length of this book, by observing, that it necessarily comprises a great number of particulars, which could not easily be contracted: the same plea may be made for the imperfection of our extract, which will naturally fall below the force of the book, because we can only select parts of that evidence, which owes its strength to its concatenation, and which will be weakened, whenever it is disjoined.

The account of the seizure of these controverted letters is thus given by the queen's enemies.

"That in the castell of Edinburgh, thair was left be the erle of Bothwell, before his fleeing away, and was send for be ane George Dalgleish, his servand, who was taken be the erle of Mortoun, ane small gylt coffer, not fully ane fute lang, garnisht in sindrie places with the roman letter F. under ane king's crowne; wharin were certane letteris and writings weel knawin, and be aithis to be affirmit to have been written with the quene of Scottis awn hand to the erle."

The papers in the box were said to be eight letters, in French, some love-sonnets in French also, and a promise of marriage by the queen to Bothwell.

To the reality of these letters our author makes some considerable objections, from the nature of things; but, as such arguments do not always convince, we will pass to the evidence of facts.

On June 15, 1567, the queen delivered herself to Morton, and his party, who imprisoned her..

June 20, 1567, Dalgleish was seized, and, six days after, was examined by Morton; his examination is still extant, and there is no mention of this fatal box.

Dec. 4, 1567, Murray's secret council published an act, in which is the first mention of these letters, and in which they are said to be written and subscrivit with her awin

hand. Ten days after, Murray's first parliament met, and passed an act, in which they mention previe letters written halelie [wholly] with her awin hand. The difference between written and subscribed, and wholly written, gives the author just reason to suspect, first, a forgery, and then a variation of the forgery. It is, indeed, very remarkable, that the first account asserts more than the second, though the second contains all the truth; for the letters, whether written by the queen or not, were not subscribed. Had the second account differed from the first only by something added, the first might have contained truth, though not all the truth; but as the second corrects the first by diminution, the first cannot be cleared from falsehood.

In October, 1568, these letters were shown at York to Elizabeth's commissioners, by the agents of Murray, but not in their publick character, as commissioners, but by way of private information, and were not, therefore, exposed to Mary's commissioners. Mary, however, hearing that some letters were intended to be produced against her, directed her commissioners to require them for her inspection, and, in the mean time, to declare them false and feigned, forged and invented, observing, that there were many that could counterfeit her hand.

To counterfeit a name is easy, to counterfeit a hand, through eight letters very difficult. But it does not appear that the letters were ever shown to those who would desire to detect them; and, to the English commissioners, a rudę and remote imitation might be sufficient, since they were not shown as judicial proofs; and why they were not shown as proofs, no other reason can be given, than they must have then been examined, and that examination would have detected the forgery.

These letters, thus timorously and suspiciously communicated, were all the evidence against Mary; for the servants of Bothwell, executed for the murder of the king, acquitted the queen, at the hour of death. These letters were so necessary to Murray, that he alleges them, as the

reason of the queen's imprisonment, though he imprisoned her on the 16th, and pretended not to have intercepted the letters before the 20th of June.

Of these letters, on which the fate of princes and kingdoms was suspended, the authority should have been put out of doubt; yet that such letters were ever found, there is no witness but Morton who accused the queen, and Crawfurd, a dependent on Lennox, another of her accusers. Dalgleish, the bearer, was hanged without any interrogatories concerning them; and Hulet, mentioned in them, though then in prison, was never called to authenticate them, nor was his confession produced against Mary, till death had left him no power to disown it.

Elizabeth, indeed, was easily satisfied; she declared herself ready to receive the proofs against Mary, and absolutely refused Mary the liberty of confronting her accusers, and making her defence. Before such a judge, a very little proof would be sufficient. She gave the accusers of Mary leave to go to Scotland, and the box and letters were seen no more. They have been since lost, and the discovery, which comparison of writing might have made, is now no longer possible. Hume has, however, endeavoured to palliate the conduct of Elizabeth, but "his account," says our author," is contradicted, almost in every sentence, by the records, which, it appears, he has himself perused."

In the next part, the authenticity of the letters is examined; and it seems to be proved, beyond contradiction, that the French letters, supposed to have been written by Mary, are translated from the Scotch copy, and, if originals, which it was so much the interest of such numbers to preserve, are wanting, it is much more likely that they never existed, than that they have been lost.

The arguments used by Dr. Robertson, to prove the genuineness of the letters, are next examined. Robertson makes use, principally, of what he calls the internal evidence, which, amounting, at most, to conjecture, is opposed by conjecture equally probable.