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A17102 Ane detectioun of the duinges of Marie Quene of Scottes thouchand 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.; De Maria Scotorum regina. English Buchanan, George, 1506-1582.; Wilson, Thomas, 1525?-1581. 1571 (1571) STC 3981; ESTC S106062 74,775 174

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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 comprehēd 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 diligēce 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 aduertismēt 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 Spēs Seneor Fraūces Bastiane Iohn de Burdeau●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 ▪ 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
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