They asked about the Hartside case first, and Hamilton, after a keen glance disclaimed much knowledge of the matter. "I am the King's Advocate," he explained, "and this seems to be a private matter o' the Queen's. It doesna come into my responsibilities— God be thankit, for I've plenty."
"But if she is to be tried, surely you, or your people, would come into it? You are responsible for all prosecutions by the Crown, are you not? And the Queen is part of the Crown, surely?"
"That is arguable, man Geordie. If the Queen chooses to mak private prosecution on her ain behoof, then the Crown needna come into it Nor my Crown Office. And as to trial—is there to be atrial?"
"She is locked up in Blackness, I understand, awaiting trial."
"Hph'mm. Awaiting something, maybe. But maybe no' a trial! I heard tell, see you, just between me and you, that the Queen was now very much against a trial, in this matter."
"But... what does that mean? This young woman is arrested, charged with stealing the Queen's jewels—and charged privately, mind you, by the Queen. She denies it—but is sent up to Scotland under guard, examined at Dunfermline, so I hear, not tried. And clapped in Blackness Castle, untried. For an offence allegedly committed in England. This is contrary to all justice, surely? Is there a law in this land, or is there not ?"
"Aye, aye, there's a law right enough. But maybe no' quite so convenient a law for Mistress Hartside as that for the Queen's Grace! At the moment she's but taking order wi' her ain servant, making enquiries and the like. It's no' reached the stage o' law, man."
"But if there's to be no trial, what is to happen to the woman?"
"Dinna ask me, Geordie. It's nae concern o' mine, as Advocate. You're the Queen's jeweller, straight frae her Court You should ken mair than I do."
Lennox intervened. "But if there is a trial, Sir Thomas, you will be concerned?"
"If the Crown prosecutes, yes. But the Queen still has her ain jurisdiction in the regality o' Dunfermline, her jointure lands. She would have the woman tried there. Without bringing the Crown into it."
"That is why she was sent there, for examination? There is strange work here, I think. But Blackness Castle is a state prison. That is not within the Queen's prerogative, is it?"
"No, my lord Duke. But it is within the King's"
"I do not know that the King is aware of any of this."
"I wonder? The King, I jalouse, is aware o' mair than maist folk reckon—eh, Geordie? Even you, maybe. But I'm no' wanting to ken! What's between, or no' between the King and his lady wife is no concern o' mine. Forby, Blackness Castle doesna come under the Crown Office. You'd hae to see either Dunfermline, the Chancellor, or Erroll, the High Constable. If see you must! I'm dunking there's drumly waters here, best left undisturbed, maybe. By wise men."
"I cannot do that I am involved. Mistress Hartside is alleged to have sold the jewels to me."
"And did she?"
"No. Not sold. I took them from her. On trust. Gave her half the value. And have given them back to the Queen, free of charge."
"But you did gie the young woman money for them? A nice point in law, Geordie. You exchanged stolen jewels for money. It might be hard to prove you didna buy them. I'd let yon flea stick to the wa', if I were you, man!"
"I believe the jewels were never stolen."
"Ah, well—that's no' concern o' mine. As yet But it might be, Geordie—it might be. In which case, as Lord Advocate, the less you say to me about it the better. We'll change the subject by your leave. Hae you ever suffered frae the gout, my lord Duke... ?"
"There is another matter, Sir Thomas," Lennox said, presently. "On which we would value your guidance. That is the King's business—his private business. But we ask on his behalf. It is this of the Master of Gray's claim against His Majesty for a large sum of money. A claim in court, we understand."
"Aye—I jaloused we'd be coming round to that, when I saw you I It's an ill business."
"It seems to be more than that! It appears more of a mystery to me. What moneys are these? And how can Patrick Gray sue James for them?"
The big man on the bed stroked bis thin beard. 'That’ s a large question, my lord Duke. And a long story. One I dinna ken a' the answers to. But the Master can sue, in law. He has proofs, evidences, witnesses, papers. And a right before the Court o' Session. It seems we canna refuse him."
"But how—what is it? Some old debt, apparently?"
"Debts dinna just fade awa' because they're auld, my lord!" the Advocate pointed out dryly.
"No. But this must be very old. Why has Gray waited until now to bring it up? And why sue the King, rather than the Scots Exchequer?"
"Because, as I understand it, the King's personal bond is involved. It was something between James and Gray. And his counsel assures that he has papers to prove it Why he waited a' these years, your guess is as guid as mine."
"And you have no details ?"
"Not at this stage, no. My Crown Office has to be satisfied that there is a case to hear. Beyond that, you canna expect the pursuer to gie awa' details o' his case to me, who will be defending. It's me who will hae to be asking you—or leastways, the King—for details. To mak a defence!"
"His Majesty does not want this matter brought to court," Heriot said. "Indeed, he is determined that it must not be."
"So-o-o? That sounds bad. And easier said than done, now the case has been entered."
"Well, that is your business 1" his cousin pointed out grimly. "You are the King's chief law officer. He commands that there be no court hearings on the subject."
"So His Grace has something to hide, eh?"
"No doubt But he is the King."
"Aye. So he'd settle out o' court ? Pay for silence ? "
"Not necessarily. Only if he must. And only the minimum. He will certainly not give Gray all he asks."
"Well, that's no' business o' mine, either. I'm the Advocate. I'll fight the King's case in court But it's nae part o' my duties to bargain and haggle wi' such as Patrick Gray about how much he wants to keep his mouth shut I That's a task for others—I rather think you two gentlemen! Is that no' what you were sent up for?"
They stared at each other, at a stalemate.
"It would be a help to us if we only knew where to begin" Heriot declared, frustratedly. "James would tell us nothing. And now you!"
"Because I ken nothing—or practically nothing, Geordie. But I'll tell you where you can begin, man. Go you and see Tom Hope. He's Gray's counsel. Next to Gray himself, he'll ken mair o' this ploy than anyone, I reckon. He'll maybe no' tell you much—for he's a hard bargainer is Tom. But he has the papers—or some o' them. Unless you want to go to the Master himself? You hae links with Gray, have you no', my lord Duke?"
"Yes. But I see no advantage in approaching Patrick himself, before we have found out a great deal more, sir. You know him— he will talk us under the table 1 Tie us in knots. A man has to know just what he is at, when he deals with Patrick Gray."
"Aye. With Tom Hope too, mind. He's the hardest man at the Scots bar—and will hae my office one day, or I'll be surprised! And dinna reckon you can frighten him wi' the King's name For he's challenged a royal case already. He defended those six thrawn divines, back in January just, who claimed that the King had no authority in the Kirk o' Scotland. No one else would take up their case, but Tom Hope did—and near won. Would have won, too, if I hadna carefully picked the judges—though I say it as shouldna'!" Hamilton chuckled. "He's a clever limmer, forby—so watch how you tread wi’ Tom Hope. And dinna say I sent you..."
* * *
They had difficulty running Master Thomas Hope, advocate to earth; but eventually they found him down at his new property of Prestongrange, near the Salt-pans of Preston, nine miles down the Forth coast from Edinburgh. He proved to be a younger man than they had anticipated, still only in his late twenties, far from handsome and with an ungainly body, sallow features and dark piercing eyes. He was the son of a rich Edinburgh merchant-burgess, with neither pret
ence to, nor any affectation of much in the way of gentility. But his shrewdness, strength and striking personality were self-evident. He seemed more impressed by a visit from George Heriot than by the Duke of Lennox.
Clearly, no beating about the bush was necessary, or advisable, with this young man. Heriot stated their case plainly and without preamble. He did not over-emphasise the King's authority, but indicated that where the royal prerogative was concerned, the pros and cons of a case were by no means as straightforward as in normal litigation. It would probably be to both parties' advantage to talk, he suggested,
"What do you want from me, Master Heriot?" Hope asked bluntly.
"We wish to know, in broad terms, what is the case against His Majesty. So that we can judge whether there are any grounds for settlement."
"So you wish to pre-judge my principal's case?"
"No, sir. But we represent the King, privately—the Duke, His Majesty's cousin, I his man-of-business. We cannot talk about the case, to you or to any other go-between, because we do not know what is at stake—what the Master of Gray sues for, or why."
"You would learn in court, gentlemen 1"
"No doubt. But to whose advantage would that be? Scarcely the King's, certainly. But not, I think, the Master's. Nor yours, sir—to seem to act against your lawful sovereign's interests?"
"I am prepared to hear that burden, in the interests of justice, Master Heriot."
"Perhaps. But it cannot be beneficial to your career, sir."
"Are you seeking to threaten me ? With the royal displeasure ?"
"No. Merely reminding you that you also have something to gain by this matter not coming to court. Like the two principals."
"I am unaware that the Master of Gray has anything to gain."
"No?" Lennox interpolated. 'Yet you must be aware, sir, that the Master's father, the Lord Gray, is very old, and a sick man. He could die at any time. And the King, with sufficient cause, could declare the Master infamous, to have spoken and acted publicly against his royal person, and so be unfit to succeed his father as a Lord of Parliament."
"Ha! Now we have it!" Hope took a turn to his window, to look over the water to Fife. He came back. "Perhaps the Master has considered such royal reaction, and will make it part of his submissions that no such reprisal should follow the winning of his case 1"
"Perhaps. But the judges would probably not dare so to limit
the royal authority, sir," Heriot said conversationally. "Not all necessarily being so bold as yourself! So—I think that you should tell us something of the case against His Majesty!"
The other gave a wintery smile. "You are very persuasive, Master Heriot. But then, I always heard that you were a man of parts. Perhaps I may inform you, to some small extent—in my principal's interests." He paused. "This action goes back to events of ten years ago and more. When King James was, shall we say, indiscreet. He was concerned that Queen Elizabeth of England, although obviously failing of health, had not named him as her successor on the English throne. He was afraid that there was a strong party in England which was against his claims, advocating the rights of the Lady Arabella Stewart, and others. So, perhaps in a rash moment, His Grace decided that he must have an army ready to substantiate his claims. To march into England whenever Elizabeth died, and ensure by strength of arms what should be his, as he believed, by right of birth."
"All this we know," Lennox declared. "James tried to raise the soldiers on the Borders. I, as Lord Admiral, was in some way concerned."
"No doubt, my lord Duke. But did you know of the Danish venture?"
"Danish? No."
"I thought not. This was, it seems, a close secret. As well it might be. James wanted ten thousand regular trained troops from King Christian, for six months. Only six months. He wrote that he had reason to believe that Elizabeth would die within six months. And so he would need them for no longer."
Lennox whistled, and Heriot looked appalled. Neither required to be informed what that sort of statement could do to upset English susceptibilities—especially parliament's. There had, as usual, been rumours that Elizabeth had eventually died of poison —such were commonplace and had largely been forgotten. But if it was stated in court that James had actually prophesied such a thing, in 1590, it would sound exceedingly bad. Especially with himself as the beneficiary. Together with projected armed invasion by foreigners of England's sacred soil. King Christian's present visit would hardly end in felicity.
"Did James put that in writing?" Lennox demanded.
"Unfortunately for him, yes. And the Master of Gray, who was acting as his go-between, has the letter. The Earl of Orkney, then only Master, was the bearer of the letter." Hope shrugged. "I see that you take the point, gentlemen. But there is more to it than that. The Danish king agreed to send the troops—but, being then in need of money for his wars, required that they be paid for. And some payment in advance. James also, as ever, lacked money. And so it had to be found elsewhere. It is his outlays in this matter, never repaid, which the Master of Gray sues for now."
Taking a great breath, Heriot stared at his friend. If Guido Fawkes had threatened James Stewart with gunpowder, this was almost as explosive a mixture.
'The Master of Gray must well know that any such disclosures could greatly harm his liege lord, indeed the whole realm," he declared. "Although it was kept secret, this was state business— however misguided. And the Master, you say, was involved in it. In a matter of much confidence, to reveal it now, in furthering a private claim for moneys, would be shameful. Indeed, to produce such a letter in court, an exchange between monarchs, could be treason, I think."
"I do not require you to instruct me in matters of law, Master Heriot. I would not produce such letter in court, as evidence; only indicate its existence beforehand, to the Crown, as proof that there is a case to answer. There are other papers which will serve."
"You must be aware that Gray does this only to spite the King, sir? To strike at him, for not having taken him to England with him."
"I am aware of no such thing. I am assured by my principal that he brings the action only to recover moneys owed to him by the King, privately, and refused of repayment Moneys and interest. It is on such grounds that I act for him, on a perfectly lawful issue."
"You will not deny, Master Hope, that if this is so, the matter could infinitely better be settled out of court ?"
"Supposing the King is prepared to pay the sum claimed— which hitherto he has steadfastly refused to do." The other raised thick eyebrows. "Have you two gentlemen powers so to settle, on the King's behalf ?" They were silent,
"Until you are in such position, I must retain freedom to press my principal's case with all vigour and expedition," Hope went on. "If His Grace wishes otherwise, he has the remedy to hand."
"So you will do nothing to aid your monarch in this, sir? Your monarch as well as ours—and Gray's " Lennox accused.
"Not for me to make any move in the matter, my lord Duke. I am merely the Master's counsel, in receipt of his instructions. He it is you should approach. He is presently at his house of Broughty, I understand." Hope bowed and moved towards the door, the interview evidently over as far as he was concerned.
Heriot took a risk. "Sir—since clearly you are a man of strong principles, not readily deterred by opposition in high places, it may be that you would consider aiding me in another matter? Again in your capacity as counsel. But on my behalf—or leastways, paid by me. For I require guidance in law."
The other looked at him curiously, but made no comment
"It is the matter of Mistress Hartside, chambermaid to the Queen. Accused of stealing the Queen's jewels, and now held without trial in Blackness Castle. You may have heard of the case?"
"Heard, yes, sir—but little of detail. Enough, however to assure me that it stinks to heaven! I would not wish to be concerned in any such case of manifest injustice."
"Even on Mistress Hartside's behalf?"
"Eh ... ?" Hope peer
ed at his visitor. "Did I hear you aright, sir?"
"You need not doubt your hearing, Master Hope. The fact is that, although I am the Queen's jeweller—and, greatly presuming, might even call myself her friend—yet I am against her, in this. Or against whatever it is that makes her act so, so much against her usual good nature. There is something wrong here. I know not what but conceive it to have to do with the Earl of Orkney."
"An ill man to meddle with!"
'Terhaps. But under the King's displeasure meantime—indeed, under the caution and authority of my lord Duke, here ..."
"Little as that seems to affect him!" Ludovick put in, wryly.
"My sympathies are with Mistress Hartside," Heriot went on. "I think that she is the innocent victim of some Court intrigue. It is my desire to see that she is aided, cleared of this charge, if may be, and freed from ward."
"Against the Queen's wishes?"
"If need be, yes. I would not harm the Queen. But I would seek to prevent her further harming this young woman." "And the King?"
"The King, so far, is not concerned in this. If he knows of it, at all The Queen dismissed this woman, sent her under guard to Scotland—although the stealing, if such it was, took place in England—has had her examined by her own Chamberlain in her bailiwick of Dunfermline, and now committed to Blackness. I conceive her rights as a citizen to have been sorely violated."
"With that I concur. What do you want of me?"
"I want you to discover what her rights may be, in law. What the Chamberlain now intends. If possible, get her out of Blackness Castle. And, if it seems best, insist on her being brought to proper trial."
"You would risk that? It could be dangerous."
"The Queen does not want a trial, we now know. Therefore, it could be to Hartside's benefit. It would force the Queen to state her case, at least. Let us know what we fight against. For my own name is involved. The woman is accused of selling the jewels to me."
The Wisest Fool Page 30
