be confessit And though all vther thingis wantit these thingis that folowit the murder do plainly declare the doer namely that at y e slaughter of hir husband she sorrowit nat but quietly restit as after a gay enterprise well atchieuit that sche mournit nat but in maner openly ioyed that sche could abide not onely to luke vpon his dead body but alswa gredely beheld it that sche secretly in the night buryit him without funerall pompe or rather hid him like a thief for that fame so inconstant counterfeiting of mourning did plainly bewray it selfe For quhat ment that remouing to Setons quhy shonned sche the townis resort and peoples eyes Was it because sche was aschamit to mourne openly or because sche could nat wel cloke hir ioy or secretly to giue hir self all to sorow No for at Setons sche threw away all hir disguisit personage of mourning sche went daily into the fieldes among ruffians and nat only resortit to hir former custome but alswa affectit to exercise manly pastimes and that among men and opinly So lightly sche despisit the opinioun and speich of her countrey But I beshrew that same Kiligree and that saim Monsieur de Croc that came vpon hir sa vnseasonably and schewit to vther hyr counterfeited person vnuisorid For had not they bene many thingis that were done might haif bene denyit many thingis might haif bene handsomely faynit and mikle the matter might haif bene holpen by forgit rumouris But they will say thare was a solemn enquirie for the murder Forsooth by Bothwell him selfe principally and by some vther that than laboured and yit at this day do labour to deliuer the persons giltie thereof from punischement of law and do now plainly shew quhat they than secreitly meant But wyth quhat diligence with quhat vpright seueritie was that enquirie handlit A few poore saules the nexte dwelling neighbouris to the Kingis lodging being callit neither durst tell quhat thay had seene and heard and gif thay touchit any thing neir the matter eyther they wer with feare put to silence or dispisit as of na credite the wiser sort of them durst not offende Bothwell that sate among the Iudges Ane or twa of the Kingis seruantis that eschapit the mischaunce wer examinit quhilk way the murderaris came in Forsoth sayit thay we had not the kayes Quho then had them It was aunswerit that the Quene had them So began the secrets of the Court to break out Then was y e enquirie adiornit neuer recontinuit Quhat can be more seuere and vpright then this enquirie yit they preuailit nathing by it For quhat the examiners wald haif had kept secret that the pepill cryit out opinly that quhilk they supressit bursteth forth that quhilk they cloke in secreit breaketh out into broad light But there was a proclamation set forth with pardon of the fact and promise of rewart to him that wald vtter it Why quho had ben sa mad that he durst in sa manifest perill of his life beare witnesse or geue information agaynst the iudges tham selues in quhoes power lay hys lyfe and his death It was likely forsothe that they quhilk had murderit a kyng wald spare him that shold disclose y e murderer specially quhen all men saw that the enquirie of the kingis slaughter was quite omittit and the vther enquirie seuerely pursuit concernyng bukes accusing the slaughter What maner of iugement it was quhairby Bothwell was acquitit you haue heard Forsothe by hym selfe procurit the iudges by him selfe chosen the accusers by him self subornit lawfull accusers forbidden to be present vnlesse thay wald yeld thair throtes to thair enemies weapons the assise apointit nouther to a day accordyng to the law of the land nor after the maner of the contrey nor to enquire of the murder of the kyng but of sic a murder as was allegit to be committit the day befoir that the king was slayne Here quhen Bothwell by his frendship and power and the Quene by prayer threatenings trauailit with the iudges do you now expect quhat sentence men chosen agaynst law and agaynst the custome of the land haue pronounced In thair iugement thay touchit the mater nathyng at all onely this thay haue declarit that it was na lawfull iugement in this that with ane speciall protestatioun thay prouidit that it should nat be preiudiciall to tham in tyme to come Then that all men might vnderstand what it was that thay sought by sword fire and poisoun thay iumble vp mariages one is diuorcit an vther is conplit and that in sic posting spede as thay might scant haue hastit to furnish a triumph of some noble victorie Yet that in those vnlawfull weddinges some shew of lawfull order might be obseruit the gudely banes were openly proclamit For publishyng wherof though the Minister of the Kirk were thretenit with death if he did it not yet at the tyme of his publishyng hym selfe openly protested that he knew cause of exceptioun why that mariage was nat lawful But in sic a multitude assemblit how few wer thay that knew it nat sith all could well remember that Bothwell had then alyue twa wiues alredy not yet diuorcit and the thyrd nouther lawfully marijt nor orderly diuorcit But that was nat it that was intendit to obserue the ceremonies of lawful order but as thay vse to do in enterludes thay prouidit a certain shew or disguisit counterfayting of commoun vsage For he that hath oft broken all humane lawes and hath cast away all conscience and religion could easily neglect the course of Gods law Now I suppose I haue brefely declarit in respect of the greatnesse of the mater and yet perhaps in mair wordes then nedit the playnnesse of the proues considerit of quhat purpose by quhat counsell and vpon quhat hope that hainous murder was attēptit with what cruelty it was executit by quhat tokens aduertisements testimonies and letters of the Quene hir selfe the whole mater is prouit and sa plainly prouit that it may be as openly seene as if it lay befoir your eyes yet will I shew fourth the testimonie of the hale pepill quhilk I thinke worthy nat to be neglectit For seuerall men do commounly deceiue ar deceiuit by vther but na mā deceueth all men nor is deceiuit by all This testimonie of the pepill is this Quhen at the Quenis going abrode amang the pepill the greatest pairt of the commōs were wont to make acclamations wishing hir well and happily with sic speches as either luif enforceth or flatterie inuenteth now at hir going after the kingis slaughter to the castell through y e chiefe and maist populous strete of the towne there was all the way a sad glūming silence And quhen ane woman alone of the multitude had cryit God saue the Quene an vther by and by sa cryit out as all men might heare hir Sa be it to euery
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
inquest of these persones that shall enter on pannell thys day clense the sayd persones of the murther of the kyng that it shal be wilfull error and not ignorance by reasoun that it is notourlye knawen these persones to be the murtherers of the kyng as my Lord my maister allegis vppoun the quhilke protestatioun I require ane document Sic subscribiter Robert Cunningham Uppon the productioun of the quhilke writing and protestatioun the sayd Robert askit actes and instrumentis The Iustice beyng auisit with the foirsayd writyng and protestatioun producit and vsyt by the sayd Robert Cunningham in respect of the letters and writinges sent to our souerane by the sayd Mathew Erle of Leuenox producit and red in iugement quhairof the copeis are vnder written By the quhilke letters and writinges the sayd Erle of Leuenox desirit schort and summare processe to be deducit in the sayd mattter and al 's of the act and ordinaunce of the Lordes of secret counsell grauntit thereuppon and sic lyke in respect of the earnest insisting of the aduocates desiring processe and right sute of the sayde Erle Bothwelles earnest petitioun and desire of tryall to be had in the sayd matter wyth aduise of the Lords and Barones assessors present fand by interlocutor that processe should be deducit in the sayd actioun thys day conforme to the lawes of thys realme Notwithstanding the writyng and protestatioun producit by the sayd Robart Cunningham and al 's admittit him to concurr and assist to the sayd aduocates in pursute of the sayd actioun if he pleasit Followis the copeis of the letters and writingis sent to the Quenis maiestie by the sayd Erle of Leuenox I Render maist humble thankes vnto your maiestie for your gracious and comfortabill letter quhilke I haue receiuit the xxiiij day of this instant And quhairas I perceaue by the same that it is your maiesties pleasure to remit the tryall of this late odious act to the time of a Parliament Pleasit your maiestie although I am assurit your highnes thynkis the tyme as long as I do till the matter be tryit and the auctours of the deid condignely punisht yet I shall humbly craue your maiesties pardoun in troublyng your hyghnes so oft thairin as I do for the matter touches me sa nere besekand your maiestie maist humbly to accept this my simple aduise in gude part as followes Quhilk is that quhaire the tyme is lang to the Parliament thys matter not being a Parliament matter but of sic weight and oportunitie quhilke aught rather to be with all expeditioun and diligence socht out and punisht to the example of the hole world as I knaw your maiesties wisdome considers the same farre mair than my wittes can compreheÌ„d yet forsameckle as I heare of certain tikkettis that hes ben put on the tolbuith dore of Edenbrough aunswering your maiesties first and second proclamations quhilke names in speciall certayne persones deuisers of the cruell murther I shal thairfoir maist humbly beseike your maiestie for the luif of God the honour of your maiestie and your realme and we le quietnes of y e same that it will please your maiestie fourthwith not onely to apprehend and put in sure keepyng the persones namit in the sayd tikkettes but al 's wyth diligeÌ„ce to assemble your maiesties nobilitie and than by opin proclamatioun to admonishe and requyre the wryters of the sayd tikkettis to compere according to the effect thairof at the quhilke tyme if thay do not your maiestie may by aduise of your nobilitie and counsell releue and put to libertie the personis in the tikkettis foirsayd So shall your maiestie do ane honorabill and godly act in the bringyng the matter to sic ane narrow poynt as eyther the matter shall appere playnely befoir your maiestie to the punischment of thaim quho hes bene the auctors of this cruell deid or els the sayde tikketis fand vayne in thair selfe and the persones quhilke are sclanderit to be exonerit and put to libertie at your maiesties pleasure So cummittis your maiestie to the protectioun of almighty God quho preserue you in helth and maist happy raigne Of Howstoun the xxvi day of February PLeasit your maiestie quhaire your highnes in your last letter to me writes that if there be any names in the tikkettis that was affixt vppon the tolbuith dore of Edinburgh that I thinke worthy to suffer a triall for the murther of the kyng your maiesties husband vppon my aduertismeÌ„t your maiestie should proceid to the cognicioun taking as may stand wyth the lawes of thys realme and beyng fand culpabill shall see the punischment as rigorously executit as the weight of the cryme deseruis Pleasit your maiestie sens the ressait of your highnes letter I haue still lukit that some of the bludy murtherers shold haue bene opinly knawen or now And seyng thay are not yet I can not finde in my hart to concele the matter any longer But let your maiestie vnderstand the names of thaim quhome I greatly suppect that is to say the Erle Bothwell Maister Iames Balfor and Gilbert Balfor hys brother Maister Dauid Chamer Blackmaister Iohn SpeÌ„s Seneor FrauÌ„ces Bastiane Iohn de Burdeauâ—x and Ioseph Dauids brother Quhilke persones I shall maist intierly and humbly beseik your maiestie that according to my former petitioun vnto your highnes it will please not onely to apprehend and put in sure keping but al 's with diligence to assemble your maiesties hole nobilitie and counsell and than to take sic perfite order of the foirnamit persones that thay may be iustly tryit as I doubt not but in so doyng the spirit of God shall worke in the sayd matter as the truth shal be knawin So shall your maiestie do a maist godly and honorabill act for your selfe beyng the pairty as ye are And ane great satisfactioun it shal be to all that belonges vnto hym that is gone quho was sa deare vnto your highnes And now not doubtit but your maiestie will take order in the matter according to the weight of the cause quhilke I maist humbly beseike I commit your maiestie to the protectioun of the almighty God quho preserue you in health lang life and maist happy reigne Of Howstoun thys xvij of March Assisa Andro Erle of Rothes George Erle of Caithnes Gilbert Erle of Cassillis Lord Iohne Hamiltoun comandar of Arbroycht sone to the Lord Duke Iames Lord Rosse â–ª Robert Lord Sunple Iohnne Maxwell Lord Hereif Laierence Lord Oliphant Iohnne Maister of Forness Iohnne Gordoun of Lothinware Robert Lord Boyd Iames Cokburne of Lantoun Iohne Someruile of Cambusnethan Mowbray of Berne Buxall Ogilbye of Boyne THe forenamit persons of Assise being chosen admitted and sworne in iugement as vse is And thairfore the sayd Erle Bothwell being accusit by the sayd dictay of the crime aforesayd and the same being denyed by hym and referrit to the deliuerance of the sayd assises thay remouit forth of