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A69648 A detection of the actions of Mary Queen of Scots concerning the murther of her husband, and her conspiracy, adultery, and pretended marriage with the Earl Bothwell and a defence of the true Lords, maintainers of the King's Majesties action and authority / written in Latin by G. Buchanan ; translated into Scotch and now made English.; De Maria Scotorum regina. English Buchanan, George, 1506-1582. 1689 (1689) Wing B5282; ESTC R4626 77,119 81

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Judgment the Writing and Protestation under written desiring the same to be registred and inserted in the Books of Adjournal the tenor whereof followeth The same day appeared Mr. Henry Kinrof Proctor for Andrew Master of Errole Constable of Scotland and alledged that the Constables for the time of this Realm hath been at all times by past only Judges competent to all such Persons as have been accused criminally for committing of Slaughter Murther or of Blood drawing near to the Princes Chamber or within four Miles of the same And therefore the said Master now being Constable of this Realm ought and should be the competent Judge to Iames Earl Bothwell and others his alledged Complices called this day and to be accused for acting any part of the alledged Cruelty treasonable slaughter of the late Henry King of Scots And in case Archibald Earl of Argyle as Chief Justice of this Realm or his Deputies proceed in the said Cause the said Master Henry Proctor aforesaid protesteth solemnly that the same proceeding therein shall in no wise hurt nor prejudice the said Constable in his Office Rights title of Rights Interests Jurisdiction or Investment thereof in any sort but that he may use and exercise his said Jurisdiction in all such Cases in times coming conform to his Investment of the said Office and use of Cognoscing used by his Predecessors and before him in like Causes All which time he makes it known either by Investment or other ways sufficiently him to have Jurisdiction in such Causes And desires the same Protestation to be inserted in the Book of Adjournal and admit it under Protestation that he affirm not the Lord Justice Jurisdiction in any sort in proceeding in the said matter The Justice being advised with the said Alledgeance and Protestation found by Interlocutor and ordained that Process should be laid by him in this matter notwithstanding the same in respect that nothing was shewn by the said Mr. Henry to verifie the Contents of the said Alledgeance and Protestation Whereupon the said Earl Brothwell asked a Note of Court and Instrument The said Matthew Earl of Lenox and others our Sovereign Ladies Lieges having or pretending to have Interest to pursue in the said matter being oftentimes called to have appeared and concurred with the said Advocates in pursuing of the said Action Robert Cunningham appeared alledging him Servant to the said Matthew Earl of Lenox and produced the Writing under written which he subscribed with his hand in Judgment as he that had power to use the same and protested it and desired to conform thereto in all points Of the which Writing the tenor follows MY Lords I am come here sent by my Master my Lord of Lenox to declare the cause of his absence this day and with his power as the same bears The cause of his absence is the shortness of time and that he is denied of his Friends and Servants who should have accompanied him to his honor and security of his life in respect of the greatness of his Party and he having assistance of no Friends but only himself And therefore his L. commanded me to desire a sufficient Day according to the weight of the Cause therefore he may keep the same And if your L. will proceed at this present I protest that I may without any displeasure of any man use these things committed to my Charge by my Lord my Master Whereof I take a Document Item I protest that if the Persons who pass upon Assize and Inquest of these Persons that shall enter on pannal this day clear the said Persons of the Murther of the King that it shall be wilful Error and not Ignorance by reason that it is notoriously known those Persons to be the Murtherers of the King as my Lord my Master alledges upon the which Protestation I require a Document Sic Subscribitur ROBERT CUNNINGHAM Upon the Production of the which Writing and Protestation the said Robert asked Acts and Instruments The Justice being advised with the aforesaid Writing and Protestation produced and used by the said Robert Cunningham in respect of the Letters and Writings sent to our Sovereign by the said Matthew Earl of Lenox produced it and read it in a Court whereof the Copies are under written By the which Letters and Writings the said Earl of Lenox desired a short and summary Process to be deduced in the said matter and also of the Act and Ordinance of the Lords of the secret Council granted thereupon and such like in respect of the earnest insisting of the Advocates desiring Process and right Suit of the said Earl Bothwel's earnest Petition and Desire of a Tryal to be had in the said matter with the Advice of the Lords and Barons assessors present and by an Interlocutor that Process should be deduced in the said Action this day according to the Laws of this Realm notwithstanding the Writing and Protestation produced by the said Robert Cunningham and likewise admit him to concur and assist the said Advocates in the pursuance of the said Action if he pleased Here followeth the Copies of the Letters and Writings sent to the Queens Majesty by the said Earl of Lenox I Render most humble thanks unto your Majesty for your Gracious and Comfortable Letter which I received the 24th day of this instant And whereas I perceive by the same that it is your Majesties pleasure to remit the Tryal of this late odious Act to the time of a Parliament May it please your Majesty altho I am assured your Highness thinks the time as long as I do till the matter be tried and the Authors of the Deed condignly punished yet I shall humbly crave your Majesties pardon in troubling your Highness so oft therein as I do for the matter toucheth me so near I beseech your Majesty most humbly to accept this my simple Advice in good part as follows Which is that whereas the time is long to the Parliament this matter not being a Parliament matter but of such weight and validity which ought rather to be with all expedition and diligence sought out and punished to the Example of the whole World as I know your Majesties Wisdom considers the same far more than my Wits can comprehend yet forasmuch as I hear of certain Tickets that have been put on the Tol-booth Door of Edenburgh answering your Majesties first and second Proclamations which mentions in special the names of certain Persons devisers of the cruel Murther I shall therefore most humbly beseech Your Majesty for the love of God the Honor of your Majesty your Realm and the Weal and Tranquillity thereof that it would please your Majesty forthwith not only to apprehend and put in sure keeping the Persons named in the said Tickets but also with diligence to assemble your Majesties Nobility and then by open Proclamation to admonish and require the Writers of the said Tickets to appear according to the effect thereof at the which time if they do not
Life and Death when there was never an Accuser but suborned by the Party accused so as a Man might well think it not the Trial of a Cause in a Court but the playing of an Enterlude upon a Stage In all this fearlesness of all things yet behold I pray you of what force is the Testimony of Conscience on either side Suddenly unlooked for there starteth up a young Man of the Earl of Lenox's House in whom the Respect of Duty vanquished the Fear of Danger This young Man made an open Protestation That the same Assembly of Judges was not lawful because in their Proceeding there was nothing done according to Law nor Order At this Saying the Judges were all stricken in such a fear that they all by and by with one accord made Protestation with proviso That it should not hereafter be prejudicial to them in that they acquitted a Prisoner whom no Man accused and that they had acquitted him of a Murder alledged to be committed the Ninth day of February when the King was slain the Tenth day This is that same noble Trial and Judgment whereby Bothwel was not cleansed of the Crime but as it were washed with Sowters Blacking and so more comely prepared to go a Wooing to wed the Queen and so to become a Husband to her greater shame than when he was before an Adulterer To make up yet the full perfection and encrease of this jolly Acquittal there was set up a Writing in the most notorious Place of the Court that though Bothwel had by just Trial and Judgment been lawfully cleared and acquitted of the Murder whereof he had been falsly accused yet for more manifest declaration of his Innocency to the whole World he was ready to try it in Combat if any Man of good Fame and a Gentleman born would charge him with the Murder of the King. The next day after there was one that set up a Bill in open place and offered to accept the Combat so that there might for the Battle be such a place appointed wherein the party might safely without fear disclose his Name While Matters and Mens Affections were in this stir the Parliament assembled there after they had for eight days together in manner done nothing but treated of reversing the Judgment whereby the Earl of Huntley's Father had been attainted of Treason and for restoring the Son to his Father's Possessions and Honours There were also certain plausible things granted to please the People and especially for the Church namely the repealing of certain Laws of Popish Tyranny made for punishing of such as durst once mutter against the Decrees of the See of Rome Though these things were acceptable among the Commonalty yet there remained one thing which no less vexed the Queen than offended the People that is to say her companying with Bothwel not altogether so openly as she would fain have had it and yet not so secretly but that the People perceived it for that all Mens eyes were gazing upon them For whereas Bothwel had a Wife of his own and to tarry for a Divorce was thought an overlong delay and in the mean time the Queen could neither openly avow to have him nor secretly enjoy him and yet in no wise could be without him some shift though not an honest one yet a shift forsooth must be devised And when they could not think upon a better it seemed to them a marvellous sine invention god wot that Bothwel should ravish and take away the Queen by force and so save her Honour So within a few days after as the Queen was returning from Sterline Bothwel forceably took her by the way and carried her to Dunbar whether with her Will or against her Will every Man may easily perceive by her own Letters that she wrote to him by the way as she was in her Journey But howsoever it were that the wrong of the Ravishment might be defaced with honest colour of Marriage Bothwel's Wife was compelled in two Courts to sue a Divorce against her Husband Before Judges delegate appointed by the Queen's Authority to have Jurisdiction in such Causes the Wife accuseth the Husband of Adultery which with them was a just cause of Divorce before Popish Judges who indeed by Law were forbidden yet by special Dispensation of the Bishop of St. Andrews were for the hearing of this Cause only permitted Bothwel was accused that before his Marriage with his Wife he had committed Fornication with his Wife 's near Kinswoman howbeit all this while they kept close the Pope's Bull by which the same offence was dispensed with The Divorce was posted forward without any slackness either in the Witnesses or in the Judges Within the space of ten days the matter was taken in hand began and intended joined unto tried and judged before both the Companies of Judges When the Sentence of Divorce was given and sent to Dunbar Bothwel by and by assembled together from all parts all his Friends his Servants and Retainers to convey to Edinburgh the Queen who would then needs take upon her to be a Prisoner When that they were thus gathered together the most part of them in Armour by the way as they were conducting the Queen many of them were suddenly stricken in some fear lest in time to come they might be charged for holding the Queen as Prisoner and although there were no other evidence yet this one thing would be proof enough against them That in time of Peace they were found about her While they were in this doubt in the midst of their Journey they all threw away their Launces and in more peaceable array at least in shew they conveyed her to the Castle of Edinburgh which Castle was also at that time at Bothwel's Commandment there she tarried with Bothwel while the Banes were publishing Then she came down out of the Castle into the Town to the common Assembly of the Judges and there pronounced her self to be free at her own liberty And so at length within eight days she finished that unmatrimonial Matrimony all good Men so far detesting or at least grudgingly fore-judging the unlucky end thereof that Monsieur de Croc the French King's Ambassadour a Man very well affectioned to the Queen one of the Faction of the House of Guise and sojourning very near to the place though he were earnestly required yet he thought he could not with his Honour be present at the Feast These things were done about the Twenty fifth of May in the year of our Lord 1597. The Twenty fifth day of Iune following Bothwel being either dismaid with a guilty Conscience of the vile Fact or sent away by the Queen she came her self to the Lords of the Realm who earnestly required the publick King-Murderer to be brought forth to due execution What hath been done since pertaineth not much to this present matter and though my Speech have been perhaps longer than you looked for yet I plainly perceive in my self that while I
foreign Perswasions may not lett me from consenting to that that you hope your Service shall make you one day to attain and to be short to make your self sure of the Lords and free to Marry and that you are constrained for your surety and to be able to serve me faithfully to use an humble Request joyned to an importune Action And to be short excuse your self and perswade them the most you can that you are constrained to make pursuit against your Enemies You shall say enough if the Matter or Ground do like you and many fair words to Ledinton If you like not the Deed send me word and leave not the blame of all unto me Another Letter to Bothwell of the Practice for her Ravishment and to advise him to be strange to do it MOnsieur depuis ma lettre escrit vostre beau frere qui fust est venu à moy fort triste m' à demandé mon counseil de ce qu' il feroit apres demain c. MY Lord since my Letter written your Brother-in-law that was came to me very sad and both asked me my counsel what he should do after to morrow because there be many Folks here and among others the Earl of Southerland who would rather die considering the good they have so lately received of me than suffer me to be carried away they conducting me and that he feared there should some trouble happen of it of the other side that it should be said that he were unthankful to have betrayed me I told him that he should have resolved with you upon all that and that he should avoid if he could those that were most mistrusted He hath resolved to write thereof to you of my opinion for he hath abashed me to see him so unresolved at the r●ed I assure my self he will play the part of an honest Man. But I have thought good to advertise you of the fear he hath that he should be charged and accused of Treason to the end that without mistrusting him you may be the more circumspect and that you may have the more power For we had yesterday more than three hundred Horse of Kis and of Leniston For the Honor of God be accompanied rather with more than less for that is the principal of my Care. I go to write my dispatch and pray God to send us an happy interview shortly I write in haste to the end you may be advised in time Of the Bills of Proclamation and Combat set up by Bothwell and the Answers IMmediately after the Death of the King who was Murthered and his House blown up with Gun-powder the Ninth Day of February in the Night 1567. Proclamation was made That whosoever could bewray the cruel Murtherers of the King should have two thousand Pounds Unto the which Proclamation reply was made and set up privily upon the Tol-Booth Door of Edinburgh the Sixteenth of February in this manner BEcause Proclamation is made That whosoever will reveal the Murtherers of the King shall have two thousand Pounds I who have made inquisition by them that were the doers thereof affirm that the Committers of it were the Earl Bothwell Master Iames Balfoure the Parson of Flisk Mr. David Chambers Black Mr. Iohn Spence who was principal deviser of the Murther and the Queen assenting thereto through the perswasion of the Earl Bothwell and the Witchcraft of the Lady Bucklough UPon this new Proclamation was made the same Day desiring the setter up of the said Bill to come and avow and subscribe the same and he should have the Sum promised in the first Proclamation and further according to his Ability and sight of the Queen and her Counsel The answer thereunto was set up in the place aforesaid the morrow after being the Nineteenth of the same Month. FOrasmuch as Proclamation hath been made since the setting up of my first Letter desiring me to subscribe and avow the same for answer I desire the Money to be consigned into an evenly Man's hand and I shall appear on Sunday next with some four with me and subscribe my first Letter and abide thereat And further I desire that Senior Francis Bastian and Ioseph the Queens Goldsmith be staid and I shall declare what every Man did in particular with their Complices To which Bill no Answer was made THE Thirteenth Day of April the Earl Bothwell coming to the Sessions at Edenburgh with an Ensign displaid and the Streets full of armed Men of his Faction was arraigned for Murther of the King and acquit of the same by a perjured Jury whereupon he set up a Challenge to fight hand to hand with any Man being no Person defamed that would avow the matter Hereunto answer was made by another Bill set up in the same place anon after That forasmuch as the said Earl Bothwell had set up a Writing subscribed with his own hand whereby he did Challenge any Man not defamed that would or durst say he was guilty of the King's Death and therewithal did give the Lye in his Throat to him that would avouch the Quarrel a Gentleman and a Man of good Fame did by those Presents accept the offer and offers and would prove by the Law of Arms that he was the chief Author of that foul and horrible Murther albeit an inquest for fear of Death had slightly quit him And because the King of France and the Queen of England had by their Ambassadors desired that Tryal and Punishment might be had for the same he most heartily therefore craved of their Majesties that they would desire of the Queen his Sovereign that by her Consent they might appoint their day and place within the Dominions for the tryal thereof according to the Law of Arms in their presences or in their Deputies Which day and place he promised by the faith of a Gentleman to appear at and to his devoir provided always that their Majesties by open Proclamation shall give assurance to him and to his company to pass and repass through their Countries without hurt or impediment What just cause he had to desire the King of France and the Queen of England to be Judges in the Case he remitted to the Judgment of the Readers and the hearers warning by those presents the rest of the murtherers to prepare themselves for they should have the like offer mad eunto them and their names given in writing that they might be known unto all men The Confession of John Habroun young Talla Dagleish and Pourie upon whom was justice executed the third of January the year of God 1567. JOhn Bowton confessed that nine was at the deed doing my Lord Bothwell the Lord of Ormiston Hob Ormiston himself Talla Daglish Vilson Pourie and French Paris and that he saw no more nor knew of no other companies Item he knows no other but that that he was blown in the Air for he was handled with no mens hands as he saw and if it was it was with