ANE DETECTIOVN of the duinges of Marie Quene of Scottes touchand the murder of hir husband and hir conspiracie adulterie and pretensed mariage with the Erle Bothwell And ane defence of the trew Lordis mainteineris of the Kingis graces actioun and authoritie Translatit out of the Latine quhilke was written by G. B. QUhairas of thynges iudicially determinit within any dominioun to haif accompte demandit by strangeris is to sic as be not subiect to forane iurisdictioun baith strange and also for the strangenesse displeasant to vs aboue all vther it ought to be most greuous quha are driuen to this streight of necessitie that quhase fautes we desire to couer thair liues we are enforced to accuse vnlesse we will our selues be accompted the most wicked persons that lyue But a great part of this gréef is releued by your equitie most excellent Quene quha take it no lesse displeasantly to sée your kinswoman than we to sée our Quene thus in speche of all men to be dishonorably reported quha alswa are for your part no lesse desirous to vnderstand the truth than we for ours to auoide sclaunder Thairfoir we will knit vp the mater as bréefly as possibly may be and declare it with sic shortnesse as we may rather seme to haue lightly runne ouer the chéef pointes than to haue largly expressed tham begynnyng at the Quenes first inconstancie For as in making of her mariage her lightnes was very hedlang rash so sodanely followed either inwart repentance or at least outwart tokens of change of her affection without any causes appearing For quhair before time the king was not onely neglected but also not honorably vsed at length began open hatred to breake out against him specially in that winter quhen he went to Peble with small traine euen too meane for the degrée of a priuate man not being sent thether a hawking but as commandit away into a corner far frō counsell and knawledge of publike affaires Nouther is it necessarie to put in writing those thinges quhilk as thay were than as a spectacle noted of all mens eyes sa now as a fresh image thay remane imprintit in all mens hartes And though this were the beginning of all the euills that followed yet at the first the practises were secrit sa as not onely the commoun pepill but alswa sic as were right familiar and present at the doing of many matters could not vnderstand throughly what thing the Quene than chéefly intended At the last about the moneth of Aprill in the yeare 1566. quhan the Quene was returned from Dunbarre to Edinburgh and was lodged in the castell she keipt her thare till the time of her trauaile of childe After her deliuerance immediatly the secret counsels of the intendit mischeif began to breake out quhairof the effect was this to dispatch away the king by one way or vther howsoeuer and to mary with Bothwell And that her selfe should not be touchit with suspicion of the murder she began secritly by littil and littill to sow sedes of dissentioun betwene the king and the Lordes that were than in Court and by mair and mair inflaming tham to bring the mater to deadly feude And if at any time she espied the suspicions of the one against the vther to languish by and by with new reportes to baith partes she whetted tham on againe to fresch displeasuris persuading the Nobilitie against the king and the king against the Nobilitie that either intendit vthers destruction And she thought nothing so long as to sée the mater come to strokes for douting whether of thā she had rather to haif the victorie she accounted the losse on either side for her auantage as hoping thairby to auance forward one degrée neirer to that quhilk she intendit Finally in short time she so filled all thair hartes with mutuall ialousies one against an vther that thare was not a man of any reputatioun in the Court but he was driuen to this necessitie either with dishonour to yeld to rumors fained against him or to enter into combate with the reporters or to withdraw him home And though we shall passe ouer the rest for desire to hast to the cheif point of the matter yet this one notable sclanderous practise at that time is nat to be omitted For on a time quhen the king had ben in talke with the Quene till it was farre in the night the summe in a maner of all her communicatioun was that almost all the nobilitie had conspirit his death wer deuising how to dispatch him After the kinges departure from her she sent forthwith for the Erle of Murray hir brother wha after was Regēt with this message that the matter was hainous and necessarily requiring his presence without delay He being awaked out of sound sléepe in great feare cast a night gowne ouer his shirt and as he was halfe naked ranne to her in hast To him than she vsed euin the like talke as she had before to the king informing him that the king boyled in such deadly hatrit against him and tooke it so displeasantly that he stood so hyely in her grace that he was fully determinit so soone as any possible opportunitie serued to murder him So as mekle as in her lay she left no meane vnassayit to set tham together by the eares and without all dout had done it in deid if it had not ben Gods gude pleasure to deliuer the innocent persons frō so perilous treasons to disclose her wicked trechery Quhen this attempt failed her she assayit the yong vnexperienced gentlemā with ane new suttilpractise She earnestly labored him that quhile she was great with childe The Quene offreth to be baude to hir owne husband he should choose him some yong gentlewoman quhairof thare was great store quhose companie he might vse in the meane time She promised him her assent and furtherance with pardon and leaue to cōmit the offence She named to him the Erle of Murrayes wife not for that she estemed that most noble Lady most apt for sic a villanie but because she thought by that way to be reuenged of thrée enemies at once the king the Erle and his wife and therwithall to winne a colour and cause of diuorce to make empty bedroome for Bothwell After that she was deliuered of childe though she courteously enterteined all vther yet as oft as word was brought her that the king was come to sée her baith she and her company so framed thair speche countenance as if thay semed to feare nothing mair than that the king should perceaue that thay lothed him and that his comming and presence was displeasant to tham all On the vther side Bothwell alone was all in all he alone was gouerner of all her counsels and all her affaires And so desirous was the Quene to haue her hartie affection towart him vnderstood of all men that if any sute were to be made to her
refusing of the Iudges the lyke seueritie was vsid for the murderers tham selfis made the choise of the Iudges ▪ quhen there was na man to take exceptioun against tham The Erle of Cassiles willing raither to pay hys amercemēt as the maner is than to be a Iudge in the matter quhen he had stoode in it a quhile and wald nat appeare at the Quenis request manacing yea though sche sent hir ring for credit baith of hir earnest prayer and threatning at length constraynit with feare of exile and punitioun he yelded There sate the Iudges nat chosin to iudge but piked out to acquite the cause procedit wythout any aduersarie a triall in a matter of life deith quhen there was neuer ane accuser but suborned by the partie accused so as a man might well thinke it not the triall of a cause in a court but the playing of ane enterlude vpon a stage In all this recklesnesse of all thinges yet behald I pray you of quhat force is the testimony of conscience on either side Sodenly vnluked for there starteth vp a youngman of the Erle of Lennor house in quhame the respect of dutie vanquishit the feare of danger This youngman made ane open protestatioun that the same assembly of Iudges was nat lawfull bycause in thair proceding there was nathing done according to law nor order At thys saying the Iudges were all striken in sic a feare that thay all by and by with one mouth made protestatioun with promise that it should nat hereafter be preiudiciall to tham in that thay acquited a prisoner quhame na man accused and that thay had acquitit him of a murder allegit to be committit the ix day of February quhen the kyng was slayne the x. day This is that saim nobill triall and iudgement quhairby Bothwell was not cleansed of the crime but as it weir washed with sowters blacking and sa mair comely prepared to goe a wooing to wed the Quene and sa to become a husband to hir greater schame than he was befoir an adulterer To make vp yet the full perfectioun and encrease of this iolly acquitall there was set vp a writyng in the most notorious place of the court that though Bothwell had by iust triall and iudgement bene lawfully cleansed and acquitit of the murder quhairof he had ben falsely accusit yet for mair manifest declaratioun of his innocēcie to the hale world he was redy to trie it in combat if any man of gude fame and a gentilman borne would charge him with the murder of the king The next day after there was ane that set vp a bill in open place and offred to accept the combat sa that there might for the battell be sic a place appointed quhairin the partie mought safely without feare disclose his name Quhile maters and mens affections were in this styrre the parlament assembled There after thay had for viij dayes together in maner done nathing but treated of reuersing y e iugement quhairby the Erle Huntleyes father had ben attaintit of treason for restoryng the sonne to hys fathers possessions and honors there were alswa certaine plausible thyngis grauntit to please the pepill and specially for the Kirke namely the repellyng of certain lawes of popish tyrannie made for punisching of sic as durst ones mutter agaynst the decrées of the sée of Rome Though these thingis were acceptable among the commonaltie yet there remainit ane thyng quhilk na lesse vexed the quene thē offended the pepil that is to say hir cōpanieng with Bothwel not altogether sa openly as she wald faine haue had it and yet not sa secretly but that the pepill perceiuit it for that all mens eyes were gazyng vpō tham For quhairas Bothwel had a wife of his owne to tarry for a diuorce was thoght an ouerlang delay and in the meane time the quene could nouther openly auow to haue him nor secretly enioy hym and yit in no wise could be without hym some shift though nat an honest ane yit a shift forsothe must be deuised And quhen thay could nat thinke vpon a better it semit tham a maruelous fine inuentioun god wote that Bothwell should rauishe and take away the Quene by force and sa saue hir honour Sa within a few daies after as the quene was returning from Stereline Bothwell forceably toke hir by the way and cariit hir to Dunbarre whether with hir will or agaynst hir will euery man may easily perceiue by hir awin letters that sche wrote to him by the way as sche was in hir iourney But howsoeuer it weir that the wrong of the rauishment might be defaced with honest colour of mariage Bothwels wife was compelled in twa courtis to sue a diuorce against hir husband Befoir Iudges delegate appointit by the quenis authorifie to haif iurisdictioun in sic causis the wife accuseth the husband of adulterie quhilke with tham was a iust cause of diuorce Befoir Popishe Iudges quho in deed by law weir forbidden yet by speciall dispensatioun of the Bischop of S. Andrew weir for the hearing of this cause anely permitted Bothwell was accusit that befoir his mariage with hys wife he had committit fornicatioun with his wiues neare kinswoman howbeit all this quhile thay kept close the Popis Bull by quilk the same offence was dispensit with The diuorce was posted forwart without any slacknes either in the witnesses or in the Iudges Within the space of x. dayes the matter was taken in hand began ▪ and intented ioynit vnto tryit and iudged befoir baith the companies of Iudges Quhen the sentence of diuorce was geuen and sent to Dunbar Bothwell by and by assembleth together frō all pairtes all his friendis his seruantis and reteiners to conuey to Edenburgh the quene quho wauld then nedes take vpon hir to be a prisoner Quhen thay weir thus gatherid together the maist pairt of tham in armour by the way as thay weir conducting the quene many of tham weir sodenly striken in some feare least in time to cum they might be chargit for halding the quene as prisoner and that though there were none vther euidence yet this ane thing would be profe enough against tham that in time of peace thay were found armid about hir Quhile thay were in thys doubt in the middest of thair iorney thay all threw away thair launces and in mair peasabill array at least in schew thay conueyed hir to the castell of Edenburgh quhilke castell was also the same tyme at Bothwelles commaundement There sche taried with Bothwell quhile the banes weir publishing Then sche came downe out of the Castell into the towne to the commoun assembly of the Iudges and there pronouncit hir selfe to be frée and at hir awne libertie And sa at length within viij dayes sche finished that vnmatrimoniall matrimonie all gude men sa farre detesting or at least grudgingly foreiudging the vnlucky end thereof that Monsieur do
Croc the French kinges Embassadour a mā very well affectionit to the quene ane of the factioun of the house of Guise and soiorning very neare to the place though he were earnestly required yet thoght he could nat wyth his honor be present at the feast These thyngis wer done about the xv of May in the yere 1567. The xv day of Iune followyng Bothwell beyng either dismayed with gilty conscience of the vile fact or sent away by the quene she came her selfe to the Lordes of the realme quho earnestly requirit the publike kyng murderer to be brought forth to due executioun Quhat hath sins ben done perteineth nat much to this present mater And though my spech haue perhappes ben langer than you luked for yet I playnly perceiue in my selfe that quhile I seke to make end of my tale many thyngis I haue omittit and many thyngis for hast I haue but lightly touchit and nathing haue I accordyng to the haynousnesse of the offense fully expressit Ane oratioun with declaration of euidence against Marie the Scotishe Quene quhairin is by necessarie argumentis plainely prouit that sche was giltie and priuie of the sayde murder SIth these thingis are by writings and witnesses sa prouaible and stick sa fast emprimtit in the knaledge of all the pepill that sic as wald maist haue thaim hidden yet can nat deny thaim quhat plaice is here left for cunning or quhat neid can be of diligence to preue or repreue a thing sa plaine and euident For all thingis are sa cleir sa manifest and sa mutually knit together ech pairt to strengthen vther that there is na neid of foreine probations and all thingis sa fully witnessit that there is na necessitie of vther argumentis For if any will aske me as in vther matters is wont to be askit the causes of sa fowle a fact I might alswa likewise aske of hym sith the time the plaice the deede and the autor is sufficiently knawen to quhat purpose is it to stand vpon searching the causes or to enquire by quhat meanes it was atcheuit Agayne quhen there be extant sa many causes of hatrit and sa many taikens thereof do offer thamselues to knawlege as may well be able to bryng euin thyngis vncertain to be beleuit surely sa farre fet an explicatioun of the act committed may right well seme superfluous Nat the lesse for as mikle as sa great is the impudence of the vile offenders in denyeng sa confident the boldnesse of impudent persones in lyeng let vs assay to see with quhat wepons truth is able to defend innocencie agaynst those wickit monsters If than thay demand the cause of sa haynous a dede I answere it was vnappeasable hatrit I demand of tham agayne if thay can denye that sic hatrit was or that the same hatrit was sa great as without blud cauld nat be satisfiet If thay denie that sic hatrit was than let tham answere me why she a yong woman riche noble and finally a Quene thrust away from hir in maner into exile the yong gentleman beautifull nere of hir kin of the blud royall and that maist is entierly louyng hir in depe of sharp wynter into places nouther frutefull of thyngis necessarie nor replenished with inhabitantes and cōmōly perilous with haunt of theifes why sent she him away into desert and barren craggy mountaines without prouision into open periles and in maner without any cōpanie Quhat wald she els haue haue done if she had maist dedly haitit hym couaitit to haue him dispatchit But I trow she feared na sic thyng But that voydenesse of feare I construe to be a note of maist obstinate haitrit specially sithe she baith knew the places and was nat ignorant of the dangers That husband thairfoir to quhom she was but laitely weddit against the liking of hir subiectes against the will of the freindis on baith sides without quhom sche cauld nat endure quhom sche scarcely durst suffer out of her sight hym I say she thrusteth forth to vncertaine death and maist certaine perils Will ye aske of me the causes of the chainge of her affectioun quhat if I say I ken tham nat it sufficeth for my purpose to proue that sche haitit hym What if I aske agayne why sche sa extremely loued the yongman quhom she neuer saw befoir quhy she sa hastily maried him and so vnmeasurably honorit him Sic are the natures of some wemen specially sic as can nat bruike the greatnesse of thair awne gud fortune thay haue vehement affections baith wayes thay loue with excesse and hait without measure and to quhat side sa euer thay bend thay are not gouerned by aduised reason but carried by violent motion I cauld out of the monumentes of antiquitie rehearse innumerable examples but of hir selfe I had raithest beleue hir selfe Call to minde that part of hir letters to Bothwell quhairin sche maketh hir selfe Medea that is a woman that nouther in loue nor in hatrit can kepe any meane I could alswa allege vther causes of hir hatrit although in dede nat reasonable causes yet sic as are able to shooue forwart and to push hedlang a hart for outrage nat able to gouerne it selfe But herein I will forbeare And if hir selfe will suffer me howsoeuer she hath deseruit of hir subiects yit sa much as the cōmoun cause wil permit I will spare her honor yea I will spare it mair than the cause will allow me I omit thairfoir hir vther causes of hatrit and returne to this that she hatit and nat meanely hatit hym Wil ye see alswa an vther profe of hir hatrit The tēder wife forsoth so louing and fond of hym quhen she could nat do him the dutie of a wife offreth to do him the seruice of a bawde Hir owne brothers wife she made choise of to put to hym in hir place Quhat shal we thinke to be the cause of this sa sodein change Sche that quhilere gapingly sought for euery small breath of suspicioun against hir husband and quhaire trew causes weir nat to be found sche inuentit sic as weir manifestly false and this sche curiously did nat quhen sche louid hym but quhen sche had begon to hate hym and quhile sche was fisching for occasions to be diuorced from him euen sche I say now of hir awne accorde offreth him a louer declaireth hir awne contentatioun therewith and promiseth hir furtherance Quhat can we imagine to be the cause hereof Was it to pleasure hir husband no for sche hatit him and although sche louid him yet sic maner of doing in a woman is vncredible Was it that he knawing himselfe likewise gilty of adulterie on his pairt might the maire willingly beare with a partner in vse of his wife No for he bare withall perforce against his wyll Was it to finde cause of diuorce and sa to driue him to leaue his bed empty for Bothwell Yea that was it in deede
in all thynges that are wont to allure luif of all vther maist excellent euen hir awn husband Quhat was it than that ioynit sa vnegall luif and sa farre against reasoun If I shall say it was likenesse of conditions I shall name a likely cause of luif though to some men parchance it shal seme ane vntrue cause of thair luif Neither am I willing to enter into that discourse Neither do I affrime the rumors spred of hir in France in time of hir frst mariage ▪ howbeit the wickitnes of the rest of hir life make some proofe that thay rose nat all of nathing And many thingis that haif bene noysit of hir 〈…〉 returne into Scotland I haue 〈…〉 to beleue As for me I am content thay be buried in forgetfulnes or if that can nat be let thaim be discreditit let thaim be taken for false and fainit Neither also is it necessarie ouercuriously to examine causis in luif quhilk is vsually sa caryit with rashe violent motioun of a muddy troublit minde that for the maist pairt it endeth in madnes quhilke if ye labour to gouerne by discrete aduise ye do nathing els but as if ye shold endeuour to be mad with reason But yit here also there want na causis for there was in thaim baith a likenesse if nat of beautie if nat of outwart thingis if nat of vertues yit of maist extreame vices Sche a young woman sodenly aduancit to the hiest degree of authoritie quhē sche had neuer seene with hir eyes heard with hir eares nor considerit in hir hart the forme of a kingdome gouernit by law and thereto was furnishit with the vntemperate counsels of hir kinsmen quho thaimselfis practisit to set vp a tyrannous rule in France endeuourit to draw right equitie lawes and customis of auncesters to hir awne onely becke and pleasure Of this immoderate desire there brast out from hir many times many wordes disclosing it This she studied day and night But agaynst this desire there withstode the custome of the contrey the lawes and statutes and principally the consent of the nobilitie quho remainyng safe she cauld neuer attaine it To the end thairfoir that she might be able violently to atcheue it she determinit by force to remoue all that stoode in hir way But she wist not well by quhat meane or by quhoes help to attempt it Fraude was the way to worke it for that vtherwise it was not possible to be obteined For this purpose thairfoir Bothwell onely semed the fittest man a man in extreme pouertie doutfull whether he wer mair vile or mair wickit quho betwene factions of sondry religions despising baith sides coūterfaitit a loue of tham baith He quhē he had ones befoir offrit y e Hamiltounis his seruice to murder y e Erle Murray gaue thairby a likelihode that vpō hoipe of greater gayne he wald not sticke to aduenture some greater enterprise beyng one quhom the ruine of his awne decayed familie pricked forwart hedlang to mischef and quhom na respect of godlynesse or honestie restrainit from vngracious doyng As for excessiue and immoderate vse of lecherie he therin no lesse sought to be famous than vther mē do shunne dishonour and infamie Sche thairfoir a woman gredily coueting vntemperit authoritie quho estemit the lawes hir prison and the bridle of iustice hir bondage quhen she saw in hir husband nat mettall enough to trouble the state she piked out a man for hir purpose quho nouther had in his wealth any thyng left to be lost nor in his fame any thyng remayning that might be stainit and yet sic a one as stode nat vpon any sic strength but that he might easily be ouerthrowen agayne quhen she should ones waxe wery of him sic a one as she might easely snare his incontinēce with wanton allurementes satisfie his nede with money binde his assuritnes vnto hir with gilty cōscience cōfederatit in mischefis These be the foūtaines of that same nat vnmeasurable but mad loue infamous adulterie and vile parricide quhairwith as with a pledge that bludy mariage quhas plightit These thairfoir wer the causes of enterprising that haynous act to wyte vnappeasable hatrit of hir husband and vntemperabill luif of hir aduoutrer There was mairouir a hoipe that the crime might be diuirtit from thaim to vther and the executioun for it might be layde vpon vpon the poore liues of thair enemies and that men maist giltlesse of the fault might be thrust in thair place as sacrifices to appease the pepils displeasure If nat quhairto then seruit that battaile almaist begun to be foughten betwene the kyng and Lord Robart hir brother Quhairto tended those seedis of discorde scaterit betwene the kyng and the nobilitie Quhairto reachit that curious entreatie to stay the Erle Murray wyth hir the day befoir the murder was committit Or quhat cause was there to send for hym There was an Embassadour come out of Sauoy For quhat cause Surely it behouit to be a great cause and sic as coulde nat be ended without assembly of the nobilitie No God wote The Embassadour of Sauoy being bidden to late to the christening came quhen all was ended nat for ane Embassadour to the christening but as ane sent to excuse the neglecting of doing that kindenesse quhen baith he liked not to send sa farre for sa small a mattir and he was somequhat aschamit to haif faylit in presence quhen the Frenchmen and Inglishmen had alredy done it For the maire honorabill dismissing of hym the Earle Murray was sent for and that with sondry messingers to cum from his wife that lay dying Quhat nede was there then of his presence to draw hym to be a partner in conspiracie of the slaughtir Quhy was it neuer attemptit befoir Thought thay it best then at the last point at the very instant quhen the murder shoulde be committit to ioyne him to thair fellowschip as a light man incōstant and shifting his purposis at euery moment of tyme infamous in his former life and nat well assurit in his present staite Na there is none of these thingis that they yet dare say of hym Sith then thay can nat imagine a false cause to stay hym quhat was the trew cause in deid ech man may easily gather euen the same that causit first the Earle of Athol afterwartis hym to depairt from the court the same that sa oft broght hym in dangir of deith the same that had sclanderit hym wyth false rumors scaterit in Ingland the same that presecutit hym with infamous libelles of the murderers thaimselfis the same that made him to chuse raither to goe into banischment than to remayne in court amang ruffians weapons with great perill of his life But quhat auayleth thys equitie of the cause befoir hearers eyther vtterly ignorāt of the mater how it was done or of tham selfis disfauouring this pairt and enuyous or apt to be caryit away with faynit
tolbuith of Edenburgh the said xij day of Aprill next to cum to persew and concurre with our sayd soueraigne Lady in the actioun within written with certificatioun as is within mentionit efter the forme and tenor of these letters quhaireof I affixt ane copy vppoun euery ane of the sayd marckat crosses This I did befoir these witnesse George Herbesoun Nicholl Andro Robert Letterik messenger William Smollet Dauid Robertsoun Iames Smollet Iohn Hammeltoun Iames Bannatine and Robert Hammeltoun with diuers vther And for mair witnessing hereof my signet is affixt Subscriuit wyth my hand Gawine Ramsy messenger VPon y e first day of Aprill The yere of God 1567. yeare I William Lawsoun messinger Shriefe in that pare within constitute Past at commaund of these our soueraine Ladies letters to the markat crosse of Perth and thare be open proclamation lawfully warnit Mathew Erle of Leuenox and all vthers our souerane Ladies liegis hauand or pretendand ta haue intres to pursue Iames Erle Bothwell Lord Hailes and Creyghtoun c. certain vthers for y e cruall slaughter murder of the kyngis grace and affixt ane copy vppon the sayd crosses efter the forme and tenour of these letters And this I did befoir these witnesses Iames marschell Alexander Borthuike and Iohnne Andersoun messingeris with others diuers And for the maire witnessing of this my execution and indorsatioun I haue subscriuit thys with my hande Williame Lawsoun messenger with my hand The dittay IAmes Erle Bothwell Lord Haylis and Creychtoun ▪ c. Ye are inditit for acte part of the cruell odious treasonabill and abhominabill slauchter and murder of y e vmquhile the right excellent right high and mighty Prince the kyngis grace dearest spouse for the tyme to our souerane Lady the Quenis maiestie vnder silence of night in his awne lodging beside the Kirke of fielde within this borrow he being taking the nightis rest treasonably raysing fire within the same with ane great quantitie of powder Through force of the quilke the sayd hole lodging was raysit and blowen in the aire And y e said vmquhile king was murtherit treasonably maist cruelly slayne destroyit by you thairin vpon set purpose prouision and forethought felonye And this ye did vppon the ninth day of February last by past vnder silence of night as sayd is As is notoriously knawen quhilke ye can not deny Upoun the quhilk productioun of the foirsayd letters execute indorsit and dittay the sayd aduocate askit an Act of Court and instrumentis and desirit of the Iustice processe conforme thairto The sayd letters being openly red in iugement with the indorsations thaireof the Iustice by vertue of the same causit call the sayd Iames Erle Bothwell as defender on that ane part and Mathew Erle of Leuenox and all vthers our souerane Ladies liegis hauand pretendand to pursue in the sayd matter to compere befoir him in this court of iustitiarie to pursue and defend as accordes of the law Comperit immediatly thairefter in iugement the sayd Iames Erle Bothwell and enterit as parsonale and thā chusit Maister Dauid Borthuike of Luchthill and Maister Edmund Hay prolocutoris for him quho also comperit personally in iugement and were admittit by the Iustice to that effect Comperit also Maister Henry Kinrof alleging him procurator for Andro maister of Errole and producit in iugement the writing and protestatioun vnder written desiring the same to be registerit and insert in the bukes of adiornale quhairof the tenor followis The quhilke day comperit Maister Henry Kinrof procurator for Androw maister of Errole Constable of Scotland and allegit that the Constabillis for the tyme of thys realme has bene at all tymes bypast onely iudges competent to al sic persones as hes bene accusit criminally for committyng of slaughter murther of blude drawing nere to the Prince chamer and within foure myles for the same And thairfoir the sayd Mayster now beyng Constabill of thys realme aught and should be Iudge competent to Iames Erle Bothwell and vthers his allegit complices callit thys day and to be accusit for acte and pairt of the allegit cruell treasonabill slaughter of vmquhyle Henry king of Scottis And in caise Archebald Erle of Argyle as Iustice generall of this realme or his deputies proceid and cognosce in the sayd cause the sayde Maister Henry procurator foresayd protestis solempnlye that the same proceding therin on na wayes hurt nor preiuge the sayd Constabill his office rightis title of rightis intres iurisdictioun or inuestiment thairof in any sort but that he may vse and exercise hys sayd iurisdictioun in all sic caisses in tymes cumming conforme to his inuestiment of the sayd office and vse of cognoscing vsit by hys predecessours and hym befoir in semblable causes All quhilke tyme he makis it knawen either by inuestimēt or vther wayes sufficiently him to haue iurisdictioun in sic casses And desires the same protestatioun to be insert in the buke of adiornale and admittit vnder protestatioun that he affirme not my Lord Iustice iurisdictioun in any sort in procedyng in the sayd matter The Iustice beyng aduisit with the sayd allegeance and protestatioun fande by interlocutor and ordaynit that processe should be led by hym in thys matter Notwithstanding the same in respect that nathyng was shawin by the sayd maister Henry to verefie the cōtentes of the sayd allegeance protestation Quhairuppoun the sayd Erle Bothwell askit ane note of court and instrument The sayd Mathew Erle of Leuenox and vthers our souerane Ladies lieges hauand or pretendand to haue intres to pursue in the sayd matter beyng oftymes callit to haue comperit and concurrit with the sayd aduocates in pursute of the sayd actioun comperit Robart Cunningham allegeing hym seruaunt to the sayd Mathew Erle of Leuenox ▪ and producit the writing vnder written quhilke he subscriuit wyth his hand in iugement As he that had power to vse the same and protestit and desirit conforme thairto in all pointes Of the quhilke writing the tennor followes My Lordes I am cum here sent by my mayster my Lord of Leuenox to declare the cause of his absence thys day and wyth hys power as the same beris The cause of hys abscence is the shortnes of tyme and that he he is denied of hys frendis and seruants quho should haue accompaneit hym to hys honor suretie of his life in respect of the greatnes of hys party And he hauing assistance of na frendes but onely hymselfe And thairfoir hys L. hes commandit me to desire ane sufficient day according to the weight of the cause quhairthrough he may keepe the same And if your L. will procede at thys present I protest that I may without any displeasure of any man vse these thinges committit to my charge by my Lord my Mayster Quhairof I take ane document Item I protest that if the personis quho passis vpoun assyse and
the 16. of February in this maner Bycause proclamatioun is made that quhosoeuer will reueale the murther of the kyng shall haue two thousand pound I quho haue made inquisitioun by them that were the doers therof affirme that the committers of it were the Erle Bothwell If this be not true spere at Gilbert Bawfoord M. Iames Balfoure the Persoun of Flisk M. Dauy Chambers Blacke M. Iohn Spence quho quhas principall deuiser of the murther and the quene assentyng thairto through the persuasioun of the Erle Bothwell and the witchcraft of the Lady Bucklowgh Upon this new proclamation was made the same day desiryng the setter vp of the sayd Bill to come and auowe and subscribe the same and he should haue the summe promisit in the first proclamatioun and further accordyng to his abilitie and sight of the quene and hir counsell The aunswere thereunto was set vp in the place aforesayd the morrow after being the xix of the same month FOrasmekle as proclamatioun hath bene made since the settyng vp of my first letter desiryng me to subscribe and auow the same For aunswer I desire the mony to be consignit into an éeuenly mans hand and I shall compéere on Sonday nexte with iiij some with me and subscribe my first letter and abide therat And further I desire that Senior Frauncis Bastian and Ioseph the quenes goldsmith be stayit and I shall declaire quhat euery man did in particuler with their complices To quhilk bill none aunswer was made The xiiij day of Aprill the Erle Bothwell commyng to the Sessions at Edenburgh with antesigne displaide the stréetes full of armed men of hys factioun was arreynit for the murther of the kyng and acquit of the same by a pariurde iury quhairupon he set vp a challenge to fight hand to hand with any man beyng no person diffamed that wald auow the matter Hereunto aunswere was made by an vther Bill set vy in the same place anone after That for asmickle as the sayd Erle Bothwell had set vp a writyng subscribed with his awne hand quhairby he dyd chalenge any man nat diffamed that would or durst say he was giltie of the kyings death and therwithal did giue the ly in his throte to him that wald auouch the quarell a gentleman a man of gude fame did by those presentes accept the offer and offers and wald proue by the law of armes that he was the chefe author of that foule and horrible murther albeit an inquest for feare of death had slyghtly quyte hym And bycause the kyng of Fraunce and the quene of England had by thair Ambassadours desired that tryall and punishement might be had for the same he maist hartily thairfoir craued of thair Maiesties that thay wald desire of the quene hys souereine that by hir consent thay might appoynt the day and place within their dominions for the triall therof accordyng to the law of armes in thair presences or in thair deputies Quhilk day place he promised by the faith of a gentlemā to appeare at and to do his deuoyre prouided alwayes that thair Maiesties by open proclamatioun shall giue assurance too hym and to hys companie too passe and repasse through thair countryes without hurt or impediment Quhat iust cause he had too desire the kyng of Fraunce and the quene of England too be iudges in the case he remitted too the iugement of the readers and the hearers warnyng by those presentes the rest of the murtherers to prepare them selues for thay should haue the lyke offer made vnto them and thair names giuen in wrytyng that thay might be knawin too all men ¶ The confessioun of Iohn Habroun Young Talla Dagleish and Pourie vpon quhom was Iustice execute the 3. of Ianuarie the yeare of God 1567 IOhn of Bowton confessit that nyne was at the deid doing my L. Bothwell the Lord of Ormistoun Hob Ormistoun himself Talla Dagleish Uilson Pourie and Frentch Paris and that he saw na moe nor knew of na vther companies Item he knowis nat vther but that that he was blowin in the ayre for he was handillit with na mens handes as he saw and if he was it was with vthers and not with tham Item as touching Sir Iames Balfour he saw not his subscriptioun but I warrand you he was the principall tounsallar and deuiser Item he sayd I confesse it is the veray prouidence of God that hes brought me to his iudgement for I am led to it as an horse to the stall for I had schippis prouidit to flie but coulde not escape Item he sayd let no man do euill for counsell of great men or thair maysters thinking thay shall saue tham for surely I thought that night that the deid was done that although knowledge should bene gotten na man durst haue sayde it was euill done seing the hand writtis and acknowledging the Quenis minde thairto Item speaking of the Quene in the Tolbuith he sayd God make all weill but the langer deirt is hydden it is the stronger Quho liues our daithes will thought na newis Item hinmest he confessit he was ane of the principall doers of the daith and thairfoir is iustly worthy of daith but he was assurit of the mercy of God quho callit him to repentance ITem Talla confessit vt supra agreing in all pointes as concerning the parsons number and blowing in the ayre Item he affirmit that in Setoun my Lord Bothwell callit on him and sayd quhat thought you quhen thou saw him blowen in the ayre Quho aunswerit alas my Lord quhy speake ye that for quhē euer I heare sic a thing the words wound me to death as thay ought to do you Item that same tyme he saw Syr Iames Balfour put in his owne name and his brothers vnto my Lord Bothwelles remissioun Item he knew of the deid doing three or foure dayes or it was done or therby Item he sayd after that I came to the court I left the reading of Gods worde and imbrasit vanitie and thairfoir hes God iustly brought this on me Quhairfoir let all men flee euill cumpany and to trust not in mē for redy are we to imbrace euil as redy as hardes to receaue fyre And further in the Tolbuith he requirit Iohn Brande minister of the congregation to passe to my Lord Lind say say my Lord hartily I forgeue your L. and al 's my Lord Regent and all vthers but specially tham that betrayit me to you for I know if ye could haue sauit me ye would desiring you as ye will aunswere before God in the latter day to do your diligence to bring the rest qhuo was the beginners of this worke to iustice as ye haue done to me for ye know it was not begunne in my head but yit prayses God that his iustice hes begunne at me by the quhilk he hes callit me to repentaunce ITem Daglishe sayd as God shall be my iudge I knew nothing of the kinges daith befoir it was done for my Lord Bothwell gangand to his bedde after the taking of of his hose quhilke was stockit with veluet Frenth Paris cum and roundit with him thairefter he taryed on me for vther hose and claithis his riding cloke and sworde quhilke I gaue him herefter cum vp the gait to the Lord of Ormistouns lodging taryit for him and therefter that he passit to ane wynd beside the blacke Fryers and cum to the slope of the dike quhaire he gart me stand still and as God shal be my iudge I knew nathing quhill I heard the blast of powder and after this he cum hame lay downe in his beid quhill M. George Hakit cum and knockit at the doore and if I dye for this the quhilke God iudge me gif I knew maire quhat shal be done to tham quho was the deuisers counsallars subscriuers and fortifiers of it Now iudge Englischmen if it be gud to change Quenis O vnityng confounding Quhen rude Scotlād hes vomited vp ane poisoun must fine England lick it vp for a restoratiue O vile indignitie Quhile your Quenis enemy liueth hir dangir cōtinueth Desperate necessitie wyll dare the vttermost O cruell mercie O ambitioun fed with prosperitie strēgthned with indulgence irritated with aduersitie not to be neglected trusted nor pardouned