Lennox, who was present at York,[278] burning for leave to produce his indictment, had asked his retainers to collect evidence against Herries, Fleming, Lord Livingstone, ‘and all these then in England,’ with Mary. On this head Lennox got no help, except so far as an anecdote, in the Casket Letter II., implied Livingstone’s knowledge of Mary’s amour with Bothwell. He, therefore, in a paper which we can date about October 4, 1568,[279] suggests ‘that the Lord Livingstone may be examined upon his oath of the words between his mistress and him at Glasgow, mentioned in her own letter.’ But this very proper step was never taken: nor was Lennox then heard. The words might have been used, but that would not prove Mary’s authorship of the letter containing them. They might have been supplied by Lady Reres, after her quarrel with Mary in April-May, 1567. Moray next desired to know--
1. Whether the English Commissioners had authority to pronounce Mary guilty or not guilty. (She had protested (Oct. 7) that she ‘was not subject to any judge on earth.’)
2. Whether the Commissioners will promise to give verdict instantly.
3. Whether, if the verdict was ‘guilty,’ Mary would be handed over to them, or kept prisoner in England.
4. Whether, in that case, Elizabeth would recognise Moray as Regent.
Till these questions were answered (they were sent on to Elizabeth), Moray could not ‘enter to the accusation.’[280] Hitherto they had been ‘content rather to hide and conceal than to publish and manifest to the world’ Mary’s dishonour. They had only told all Europe--in an unofficial way. The English Commissioners waited for Elizabeth’s reply. On the 11th October, Moray replied to the charges of Mary, without accusing her of the murder. He also ‘privately,’ and unofficially, showed to the English Commissioners some of the Casket Papers. Lethington, Wood (?), Makgill, and Buchanan (in a new suit of black velvet) displayed and interpreted the documents. They included a warrant of April 19, signed by Mary, authorising the Lords to sign the Ainslie band, advising Bothwell to marry her.[281] Of this warrant we hear nothing, as far as I have observed, at Westminster.[282] Calderwood, speaking of Morton’s trial in 1581, says that ‘he had,’ for signing Ainslie’s band, ‘a warrant from the Queen, which none of the rest had.’[283] At York, the Lords said that all of them had this warrant. ‘Before they had this warrant, there was none of them that did, or would, set to their hands, saving only the Earl of Huntly.’ Yet they also alleged that they signed ‘more for fear than any liking they had of the same.’ They alleged that they were coerced by 200 musketeers.[284] Now Kirkcaldy, on April 20, 1567, reports the signing of the Band on the previous day, to Bedford, but says not a word of the harquebus men. They are not mentioned till ten days later.